Header Ad Module

Collapse

Announcement

Collapse
No announcement yet.

New Tenancy laws....Fixed term Tenancies

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • New Tenancy laws....Fixed term Tenancies

    Am I right to assume that the only way to have any say on reasonably ending a tenancy is to either 1-Keep doing fixed term (by agreement) or 2- end the fixed term at the end of the term (if there is no agreement for another fixed term) and look for another tenant who is in agreement for a new fixed term?

    Has the notice to end a fixed term (minimum 3 weeks) going to change under the new tenancy law? and can tenants change responsibilities over to another tenant with fixed term\ as with the new periotic changes?

    note....all we want are decent, reasonable tenants but dont want to be trapped with a potential bad lot


    any helpful advice appreciated
    Last edited by skid; 09-02-2021, 07:37 PM.

  • #2
    But fixed term automatically rolls over to periodic. Then you have to use one of the "reasons".
    How do you get the tenants out at end of a fixed term?
    The three most harmful addictions are heroin, carbohydrates and a monthly salary - Fred Wilson.

    Comment


    • #3
      Originally posted by skid View Post
      Am I right to assume that the only way to have any say on reasonably ending a tenancy is to either 1-Keep doing fixed term (by agreement) or 2- end the fixed term at the end of the term (if there is no agreement for another fixed term) and look for another tenant who is in agreement for a new fixed term?
      No you are wrong, unless the FTT is entered into before tomorrow (11 Feb). Then either party can terminate with the correct days notice. From tomorrow (11 Feb) any new or renewed FTT comes under the new rules. So you if you come to the end of a fixed term and extend it the new rules apply.

      Originally posted by skid View Post
      Has the notice to end a fixed term (minimum 3 weeks) going to change under the new tenancy law? and can tenants change responsibilities over to another tenant with fixed term\ as with the new periotic changes?
      Tenants can now (fom 11 Feb) request a tenancy to be assigned, there are strict time rules for response, and the landlord can not unreasonably decline the assignment. The Tenancy Tribunal can be asked to decide and the landlord will need to provide evidence supporting the decline and the evidence may or may not be acceptable to the TT. This applies to fixed term and periodic tenancies.

      Originally posted by skid View Post
      note....all we want are decent, reasonable tenants but dont want to be trapped with a potential bad lot...
      As has been often pointed out, the few bad tenants are now protected.

      Comment


      • #4
        Originally posted by artemis View Post

        Tenants can now (fom 11 Feb) request a tenancy to be assigned, there are strict time rules for response, and the landlord can not unreasonably decline the assignment. The Tenancy Tribunal can be asked to decide and the landlord will need to provide evidence supporting the decline and the evidence may or may not be acceptable to the TT. This applies to fixed term and periodic tenancies.
        Unintended consequences.

        1) A 12 month FTC is entered into (Fixed Term Contract)
        2) The tenant asks to assign the tenancy at month 8
        3) The landlord opts for another 4 month FTC
        4) Rent is to remain the same (?)
        5) At the end of the 4 months it reverts to a PC (Periodic Contract) or goes onto another FTC
        5) Now we are up for 20 months without a rent review (?)
        6) Rinse and repeat steps 2,3,4 & 5
        7) Will this mean that the tenancy becomes full time at the original rent rate?
        Roll the dice and get the answer.




        www.3888444.co.nz
        Facebook Page

        Comment


        • #5
          Originally posted by artemis View Post

          No you are wrong, unless the FTT is entered into before tomorrow (11 Feb). Then either party can terminate with the correct days notice. From tomorrow (11 Feb) any new or renewed FTT comes under the new rules. So you if you come to the end of a fixed term and extend it the new rules apply.



          Tenants can now (fom 11 Feb) request a tenancy to be assigned, there are strict time rules for response, and the landlord can not unreasonably decline the assignment. The Tenancy Tribunal can be asked to decide and the landlord will need to provide evidence supporting the decline and the evidence may or may not be acceptable to the TT. This applies to fixed term and periodic tenancies.



          As has been often pointed out, the few bad tenants are now protected.
          Unless you renovate or move in....(remember we are talking about those small % of bad apples)

          Comment


          • #6
            Originally posted by skid View Post
            Am I right to assume that the only way to have any say on reasonably ending a tenancy is to either 1-Keep doing fixed term (by agreement) or 2- end the fixed term at the end of the term (if there is no agreement for another fixed term) and look for another tenant who is in agreement for a new fixed term?

            Has the notice to end a fixed term (minimum 3 weeks) going to change under the new tenancy law? and can tenants change responsibilities over to another tenant with fixed term\ as with the new periotic changes?

            note....all we want are decent, reasonable tenants but dont want to be trapped with a potential bad lot


            any helpful advice appreciated
            so all this comes down to 2 main issues for us.......................Rent on time....and place looked after

            So with rent on time ...Its looking like 5 days late 5 times means you can act

            With ''looking after the place'' ,what constitutes action? Youve just gone for an inspection ...the place is a tip....tenant says ''tough''...go away
            ''we like those wreaked cars in the lawn and chicken bones on the floor''
            Can anything be done?....If not ...whats the point of inspections?..............Is there any reason left to take the landlords suggestions seriously?

            Comment


            • #7
              Originally posted by Keys View Post
              Unintended consequences.

              1) A 12 month FTC is entered into (Fixed Term Contract)
              2) The tenant asks to assign the tenancy at month 8
              3) The landlord opts for another 4 month FTC
              4) Rent is to remain the same (?)
              5) At the end of the 4 months it reverts to a PC (Periodic Contract) or goes onto another FTC
              5) Now we are up for 20 months without a rent review (?)
              6) Rinse and repeat steps 2,3,4 & 5
              7) Will this mean that the tenancy becomes full time at the original rent rate?
              Roll the dice and get the answer.




              Are you sure? Legally I think you’ll find that assignment of a tenancy agreement transfers the terms and conditions of the TA from the assignor to the assignee and thus would not reset the clock on when a rent review can be done.

              Comment


              • #8
                Originally posted by Sanya View Post
                Are you sure? Legally I think you’ll find that assignment of a tenancy agreement transfers the terms and conditions of the TA from the assignor to the assignee and thus would not reset the clock on when a rent review can be done.
                Not at all sure.

                Think on this. The tenant moves in 4 months ago on an assigned tenancy. Then the landlord puts the rent up on the first term (12 month) tenancy.

                Tenant goes to TT regarding rent increase 4 months into the (ahem) new tenancy. Who wins?

                Also, I suggest it would rely almost entirely upon the wording of the assignment of the tenancy.

                Raffle anyone?


                www.3888444.co.nz
                Facebook Page

                Comment


                • #9
                  Originally posted by Keys View Post
                  Raffle anyone?
                  What's a ticket cost and what's the first prize?

                  Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

                  Comment


                  • #10
                    Originally posted by Perry View Post
                    What's a ticket cost and what's the first prize?
                    $20.44 and the prize is "bragging rights"

                    www.3888444.co.nz
                    Facebook Page

                    Comment


                    • #11
                      Originally posted by Keys View Post
                      Think on this. The tenant moves in 4 months ago on an assigned tenancy. Then the landlord puts the rent up on the first term (12 month) tenancy. Tenant goes to TT regarding rent increase 4 months into the (ahem) new tenancy. Who wins?
                      Perhaps a good question to put to MP FarGoneBoy? And maybe the Principle TT Adjudicator, too? (Melissa Poole?) I don't imagine Tenant Services would have a clue.

                      Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

                      Comment

                      Working...
                      X