Clauses in RTA

[jane]

Hello,
Can someone advise me how to sign up an RTA in which some sort of "review" can be made if the tenant isn't working out but at the same time feels that they are secure and you aren't going to boot them out for any reason.
I don't like fixed term but then on other hand its hard to get someone to commit who doesn't have security.
Also what "other terms" should be included like "no drugs..."
Cheers
Jane

[essence]

Hi Jane

There are pros and cons for both Fixed Term and Periodic tenancy, and there's been some huge discussion on here about it. Just use the Search button above.

I have put "No drugs, no pets, no smokers, the maximum number of tenants is XXX" Not on the same tenancy of course!! The maximum number of tenants is a good one and I have even gone so far as to name them ie "only Joe Bloggs and Sarah Bloggs" may permanently reside at the property.

I did this at the tenants request, and that way they can say to the sponging rellies, "Oh the mean old landlord won't allow you guys to stay here, it's on our tenancy agreement" The tenants were so happy!!

[outspoken]

I have put "No drugs, no pets, no smokers, the maximum number of tenants is XXX" Not on the same tenancy of course!!

Why not? I bet Glen & Mark & Sharron have considered it! lol

[Keys]

Try to keep it simple.

Many of the things you may want to put into a TA are actually covered in the RTA.

Sign them up to a 3 month FTT.

Review after that.

Also, it depends upon the type of property you're letting.

BTW, in Christchurch at the moment there are lots of vacant properties.

[Cassandra]

Agree with Keys

If in doubt do 3 months FTT.

Drug use is unlawful and as such a breach of the RTA section 40 tenant responsibilities- (2, b) and as such grounds for a TT application to terminate the tenancy. Proving it is the difficult part- unless there is a conviction...or police are tipped off and they have probable cause to get a search warrant and make a conviction.

[Glenn]

If in doubt do 3 months FTT.

Drug use is unlawful and as such a breach of the RTA section 40 tenant responsibilities- (2, b) and as such grounds for a TT application to terminate the tenancy. Proving it is the difficult part- unless there is a conviction...or police are tipped off and they have probable cause to get a search warrant and make a conviction.

You can forget having the police helping you get rid of a tenant.
They will not do a search for drugs unless they have a warrant.
The tribunal will not give you an eviction on the basis of a police search nor will they give you an eviction on the basis of producing evidence like a cannibus bullet or bong. I know I have turned up in court with these things but no luck.

There is no point in doing a 3 month lease. What happens if you find the evidence 4 months after the start. ie after the initial trial 3 months and you have then converted it into a 12 month lease.

On the subject of drugs just stop and think about it.
Why does society not make it ilegal to have the substance in your blood stream. It is illegal to drive whilst having the stuff in you but not if you are lying in bed or nutting off at the neighbours or wrekcing your flat.
If the courts do not care about it why should you.
Go think about it.

[Cassandra]

you raise an interesting point Glenn

The last tenancy i suspected as dealing drugs the police took very seriuosly when i called them - but - interestingly in line with your thoughts- they were more concerned as the tenants partner was a suspect for a spate of burglaries than the drug dealing matter I'd called them about. They got a seach warrant , along with a key from me and a floor plan of the property ( i was happy to help) .Soon after the tenants did a runner and i suspect they were scared off by the police search and as we all know, tenants who abandon a tennacy never leave a property in a clean and tidy condition and we were left with a hell of a mess.(several rubbish bags full) Had to ask my cleaners to wear thick gloves as i suspected used needles left around. After a year of tracking her (even after the property owners sold the property and I was no longer thier PM) i had the tenant served with the TT debt. But then her Examination was conveniently postponed for 3-4 months while she attended re-hab. Finally got our day in court and we were awarded an attachment order of $20 pw. Her financial position on examination revealed she recieved a considerable sickness benefit, along with government funded childcare, transport . medical etcs The only "sickness" this lass in her mid-20's seemed to have was a self-inflicted drug use!