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Ending fixed term tenancy (all tenants agree except 1)

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  • Ending fixed term tenancy (all tenants agree except 1)

    Hi,
    I Have a group of tenants that are all on the tenancy agreement (fixed term tenancy).

    1 of the tenants is causing issues (eg not paying her share of the rent) with the other tenants and they want to get rid of her.(they want to have her named removed from the tenancy agreement). The tenant that is causing issues has left the property and the other tenants want to get someone in to fill her room.

    All the tenants (except the 1 causing issues) are willing to end the fixed term tenancy. (the good tenants then want to write up a new tenancy with me/the landlord).

    AND/OR

    The tenant causing the issues is not agreeing to have her name removed from the tenancy agreement.

    The good tenants are still paying the full rent to me/the landlord.

    Anyone got advice as how to sort this issue?

    Thanks
    Last edited by TomW; 19-06-2016, 01:26 PM.

  • #2
    Tricky. Do the TT phone-in-folks have any ides?

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    • #3
      Hi Tom W

      Tough situation there in.

      Unfortunately you can't remove any tenants from the lease unless its mutually agreeable.

      You mention the tenant that is causing issues isn't pay the rent.....if the rent is coming in late then I would deal with it normally as you would with rent arrears so hopefully that causes him / her to pull up her socks. The tenants also have the option of taking the problem child through to the disputes tribunal.

      Have you had a chat with the problem tenant? In the past it usually takes just a stern talking to for them to sort their act out.....
      Fraser Wilkinson
      www.managemyrental.co.nz
      Wellington / Lower Hutt / Upper Hutt / Porirua

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      • #4
        Sort of not your problem actually. If you are getting your full rent the tenants can sort themselves out. Don't get involved unless the money stops coming in.

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        • #5
          I have one of these on the boil at the moment. 3 tenants, 2 of whom are really good (and one the daughter of a family friend) but have made poor choice on number 3. All of them on the lease agreement. Number 3 has stopped paying, and is doing other things not permitted in the Lease Agreement (excess pets) that has received a 14 day letter. Only a portion of the rent coming in each week, so slightly different from this sample case.

          I have lodged claim with TT naming all 3 on the claim as 'jointly and severally liable' after advice from the phone in people. I have done as they suggested and have added a comment to target just the number 3 for eviction and payment of arrears. It will be interesting to see if the Adjudicator follows through and protects numbers 1 and 2 as the phone in people have suggested !

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          • #6
            Something similar going on with people we know. 5 youngish flatmates in a 4 br flat fixed term till Feb. The couple move out due to flatmate infighting and left with responsibility to fill empty room at 2/5ths of the total rent. Miscommunications, different interpretations rules and terms, etc, etc has left the couple paying rent for a room they haven't used for over thee weeks now.

            PM's annoyed at the 140 emails that have gone back and forth but has sat on his hands the whole time. But why would he be worried, the rent's still being paid and it's the tenants responsibility right.

            Now all the tenants want to move out which has caused the PM to push the date to fill the currently vacant room out by a couple of weeks to group the whole flat together. This has caused prospective tenants to pull out as they can't wait another two weeks.

            If everyone had worked together the room would of been filled by now. The stress has cause one of them to take an overdose. Everybody is at fault and no one is helping anyone else.

            The couple came to me for advice following this last hurdle. I got them to apply to TT for immediate termination of the TA. I've told them that there's no guaranties and to continue trying to fill the room and pay rent but at least they can ask TT for an end date if things haven't been sorded by then. Ironically it can take days to get a response from the PM but the email informing of the TT application gets an immediate response. I wonder if he'll work with them now?
            Last edited by Learning; 27-06-2016, 01:07 PM.

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            • #7
              Ahh!! Fixed term tenancies and flatters do not mix.

              Sure the idea of having tenants in there for 12 months fixed sounds great but keep it periodic and keep it easy. I've dealt with messy situations like this before. Flatting situations generally see one or two main tenants and a fair share that stay short term before parting ways. If you go fixed term generally have one or two tenants named who understand they are liable for the rent regardless of if any flatties/boarders don't pay. The idea of having every person living in the premises on the agreement on a fixed term sounds great but it causes a tonne of issues.

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