a quick question

[konton]

Hey,

I have a rental and was going to perform a property inspection on the property I had agreed with the tenant as to the date and they said any time that day. Now I made the mistake of not showing to conduct the inspection (my bad I know) I asked the tenant if I could conduct another inspection a few days later. They however said no, as they had an agreement that I would conduct the inspection on the specified day the fact that I did not show up to perform said inspection is not their problem and I would have to wait at least another month to conduct the inspection, are they correct or can I give them 48hrs notice for inspecting the property again.

[eri]

say you'd like to drop round in person to apologise for wasting their time and give them a 6pack

that should give you a quick look;o)

[Keithw]

Warning - Warning !
Alarm bells ringing !

Be very careful with these tenants- they have obviously been reading the tenancy act and intend to use it to their advantage.

While you need to recognise you have stuffed up their arrangements (they may have stayed in specially to meet you for the inspection), the response shows they either have a problem or could be looking for issues that they can use at the end of the tenancy to either save some rent or get money from you via the Tenancy Tribunal.

Keep a record of all your correspondence with them - Texts phone calls letters etc

Keep a close eye on their rent & jump as soon as it is a day late.

read the act yourself & the stuff on the dept of building & housing site www.dbh.govt.nz

Keep things to the letter of the law, but make it clear you are in charge & that if they want to try things on with you they will likely be loosing any benefit of the doubt you may previously have given them.

Was there something that caused you to want to do an inspection, or was it just time one was done ?

[konton]

to be honest I stuck my head in through an open window when they were out; I had been remiss and not done any inspections while they had been in the property aprox 6months now. No issues with rent, glowing ref from previous landlord. But when I stuck my head through that window I noticed rubbish build up (lots of empty cans/bottles) so I am very keen on doing an inspection but they insist since I failed to show, I wasted their day and insist I have to wait the 4weeks (reason for no show was due to my gran having a nasty fall, she is stubborn and refuses to move to a place with no stairs) I did however fail to communicate to my tenants. I'm tempted to just give them 90days notice with no reason stated, but they pay the rent on the dot on time

[Green Fish]

Let's get back to the real world: As long as the tenant pays the rent, the tenant has the right to exclusive possession of the property. After all, that's the deal. (The tenant is not someone that the landlord has merely invited to "stay a couple nights".)

Stop picking on thuis tenant. You probably won't get a better one.

As for empty cans/bottles, so what? What is the big concern?

[ActionMan]

Managing my own property is something I dread.

I wouldn't bother reading the whole DBH Tenancy rules, don't have the time to be screening tenants, doing property checks.....and peeping into Tenants properties to check if my property is OK.

My only advise would be give the property to a property manager to manage.

[Green Fish]

Can't agree re property managers if they are paid on commission, which almost all are. They have no incentive to do anything, and most don't.

Anyone who borrows hundreds of thousands of dollars to buy a rental property and who thinks they can then wash their hands of the various problems by engaging a property manager is living in a dreamworld.

[ActionMan]

It's all about leverage and what one's time is worth. If you can earn more doing something else in the time you're managing your own property than why manage your own property and do a poor job at it.

Get someone who can do it better at cheaper price then you do.

It's then down to selecting the best manager.

[Cassandra]

Do the inspections!

Let's get back to the real world: As long as the tenant pays the rent, the tenant has the right to exclusive possession of the property. After all, that's the deal. (The tenant is not someone that the landlord has merely invited to "stay a couple nights".)

Stop picking on thuis tenant. You probably won't get a better one.

As for empty cans/bottles, so what? What is the big concern?

The "real world" expects a property owner /LL - or thier agent , to have a duty of care for maintaining the property and ensuring that tenanats are not causing damage! Insurance companies will veto claims if the owners have not shown to maintain the property and this is another moot point argued by respondents to claims to the Weathertight building and housing resolution Tribunal. Risk managment is a leverage factor for LL's and investors.

As to the empty cans /bottles - I'd be careful if organic matter is left to putrefy as it will attract vermin -rats/mice/maggots - or human vermin who have as much disregard for property- and mould & mildew growing on the rubbish could even rot out surrounding chattels. (ie carpets) To expect a "reasonable" standard of cleanliness and tidyness is a LL right (Section 40 RTA- Tenant Responsibilities)

Konton - did you send formal written notice to enter the property? i post a notice of INTENTION to enter premises. I didnt get to an appointment the other day as my car died on me. So texted and left a phone message with my tennat that i couldnt make the appoinment as i had intended and then sent another notice of a "Rescheduled" intention to enter for an inspection this week. Formal notices sent for LL right of entry under S48 of the RTA do not require the tenant to be present and it is an unlawful act for a tenant to refuse access - without a reasonable excuse- if due notice has been issued.

It would be a shame to go to tribunal for a big damages bill at tenancy end that may not of escalated to be as much if a LL had made the inspections, issued 10 day notices to remedy as required, or had a handle of situations during the tenure of the tenancy. So "pick" away at this tenant- its your right & your responsilbilty to safegaurd your asset

But, I would be careful of snooping around sticking your head through open windows as in this case your action is unlawful as a breach of the tenants right to quiet enjoyment & privacy (S38 of the RTA)

[konton]

ive been remiss and not doing property inspections until now.

I sent formal notice for the time and date of the inspection, but did not show up, for reasons stated above. I did not inform the tenant of not been able to make it and they now hold the opinion that I can not perform another inspection till 4weeks has passed. They are of the opinion that they they made a special effort to insure they were available that day, and made their days plans based on this.

A notice of reschedule of an inspection I would have thought would need to be sent before an inspection is to take place I would have thought? i.e. I send first notice on Monday, for inspection Thursday, plans change I send out a reschedule letter on the Tuesday/Wednesday for the inspection on lets say Saturday this I would think is find but if Thursday passes and the scheduled inspection does not occur, and then I send out a notice of reschedule after this inspection the tenant says I can't inspect till 4 weeks has passed its not their problem I did not do the inspection on the appointed time. I understand their logic, but is it correct?

As to the rubbish, its what I want to check if its just bottles I will say I would prefer them not to have that, but then it comes down to reasonable tidiness the act gives no guidance to this from what I have seen.

As this is my first property I am keen on managing it myself to learn the ropes what the rules are, etc and then if the time comes to get a property manager then I know if they are doing their job correctly or not.

[ActionMan]

Konton

Good job on your first property. Wish you all the best on your investing.

[Cassandra]

Hi Konton. The biggest problem i see is that you didn't inform your tenants that you couldn't make it to the scheduled inspection on the day. If- as you say- they were at home on this day then they will KNOW that you didn't perform an inspection on this date. I would send another notice (48 hours ) of your intention to enter the property to perform an inspection with a polite cover letter apoligising that a turn of events on this day stopped you from attending. State in your letter that as you understand they were home all day you hope that they werent waiting for you and inconveninced by your non -attendance. How could they possibly make a complaint to the TT or prevent you form entering for another month when you and they know you didnt attend and you've attested to this in writing?