Another BAD tenant

[hadenuf]

Update - Tenant seems to have vacted although house is a mess, still stuff in garage and is not replying to calls/texts. Dont know new address and she still has our keys, not responding to doing final inspection. What do we do now??? Can we enter property take pictures, start cleanup and add all expenses to order that I have already lodged?

[Re@der]

Yes that is what you do. Clean up charges can be added onto order from tribunal. Changing the pins in the lock is about $127 in Wellington, possibly a bit less for you.This can be added in as well. Not that you are likely to get any of it back without a lot more work. Tribunal then following up through the court for collections.

Most important thing now is to get your place cleaned up and get the next tenant in.

[hadenuf]

Tenancy said had to keep out of property until court hearing or she agrees to return keys and do final inspection.

[Keys]

the 90 day notice to end tenancy has been and gone but the tenant still there.

Timing is there.

Update - Tenant seems to have vacted although house is a mess

Tenancy said had to keep out of property until court hearing or she agrees to return keys and do final inspection.

If she's no longer there, and the 90 days have expired, go in. You have possession. Still go to court for a disposal, cleaning, rent arrears and damage order though.

[SuperDad]

Timing is there.





If she's no longer there, and the 90 days have expired, go in. You have possession. Still go to court for a disposal, cleaning, rent arrears and damage order though.

If the tenant is in there after the expiry of the 90 day notice you will need to apply for possession under section 60(2). (This is implied by that section.) One does not legally have possession at the expiry of the 90 notice - all they have is the right to possession.

I doubt you can bowl on in, as keys suggests.

I will stand corrected, though, if others know differently.

Paul.

[Keys]

If the tenant is in there after the expiry of the 90 day notice you will need to apply for possession under section 60(2). (This is implied by that section.) One does not legally have possession at the expiry of the 90 notice - all they have is the right to possession.

I doubt you can bowl on in, as keys suggests.

I will stand corrected, though, if others know differently.

Paul.

Come on young fella. What do you do when your notice of termination expires and the tenant has moved out? Do you apply for possession? What do you do when the tenant gives you 21 days notice and moves out? Do you apply for possession?

This tenant was given notice to leave. The time frame has expired. The tenant has moved out (leaving possessions). You're dealing with an abandonment of possessions situation. Not a possession situation.

Tenant seems to have vacted although house is a mess

[PC]

Get in there, change the locks, get it cleaned up, put the rent up $20, get next customer.

Any tenant items of value - need disposal order.
Take photos and keep a record of all time spent cleaning and other costs.
Cleaning $25ph, Locksmith, damage repairs, rubbish removal, etc.
Take the tenants to tribunal and hopefully get the bond plus $20pw repayment.

It's called work - but not that hard.
Else put your money into a "productive" finance company ;-)

[SuperDad]

Whoops - misread your original keys - thought you said the tenant had remained in possession after the expiry of the notice.

[Re@der]

Just a few weeks ago I have retaken possession of vacated property before tribunal hearing without even serving an eviction order. I was asking for eviction arrears and damages at the tribunal hearing. Rang up and changed that to damages and arrears and nothing was said at the tribunal about the property possession. Not sure of the law but that is my experience. I would think that you can just bowl in to a vacated place but you would probably have to store their possessions for a while but that could be claimed as well.

[hadenuf]

This is sooo bloody confusing, partner rang tenancy yesterday, person on phone said we could go in and reclaim possession. Then got a call from a different tenancy person telling us to get out of house we have no right to go in. She still has legal possession. I stated I believe she has abandoned the place, but tenancy said I cant presume that???!!!??

[hadenuf]

OMG tenant finally text me. She going to meet us at property tomorrow 5pm. But I wont hold my breathe because she has not turned up to any other meetings, but this means to me that she knows she still has possession.

I replied, are you going to take all your possessions, clean, clean carpets hand in keys......still waiting for reply............................................. .............