bad tenant

[frances56]

Hi

I have just had a tenant sign a fixed tenancy until feb 2010. BAD MOVE.
She seemed ok, admitted she's not great at budgeting, but got a good reference from her current landlord.

I took her on as long as WINZ agreed to pay the rent straight to us instead of to her. on the phone WINZ agreed, but in reality only paid the bond and 1st week's rent. guess what? her first rent hasn't gone in.

I now realise she could be a bit of a nutter, she is incontinent of urine and the place already smells a bit.

She said she will agree to change the date on the tenancy agreement, because she said she could look elsewhere. Can i put in an application to TT for vacant possession anyway, because of the rent being in arrears, and just in case she doesn't go, and also in case she leaves the place in a mess, and also to get any rent owed back.


p.s. i have issued her already with a 10 day notice.

[SuperDad]

Yes, you can put in an application immediately to the TT for termination, under section 56. This application will need to be withdrawn if the tenant remedies the breach identified in the 10 day letter.

The sooner you get the ball rolling, the better.

Apart from her current LL (did you speak to the LL?), who may well have been glad to get rid of her, what other checks did you do?

Good luck,

Paul.

Section 13B (1) outlines what is required for a variation of the end date of the tenancy agreement. Get it in writing, and get it signed!

[Austrokiwi]

Apart from her current LL (did you speak to the LL?), who may well have been glad to get rid of her, what other checks did you do?

I have seen employers giving bad staff good performance appraisals in the hope of transferring them internally or helping them secure a job else where. I hadn't thought that Landlords might do the same thing i.e. Give a good reference so as to get rid of a bad tenant, with as little fuss as possible. I would hope there aren't too many LL out there who would do that, if it could be proved that a LL deliberately gave a good reference, they might become liable for the costs incurred by the new LL who based a contractual decision of deliberately misleading info ( Yes it would be hard to prove).

[Keys]

Hi

I have just had a tenant sign a fixed tenancy until feb 2010. BAD MOVE.
She seemed ok, admitted she's not great at budgeting, but got a good reference from her current landlord.

I took her on as long as WINZ agreed to pay the rent straight to us instead of to her. on the phone WINZ agreed, but in reality only paid the bond and 1st week's rent. guess what? her first rent hasn't gone in.

I now realise she could be a bit of a nutter, she is incontinent of urine and the place already smells a bit.

She said she will agree to change the date on the tenancy agreement, because she said she could look elsewhere. Can i put in an application to TT for vacant possession anyway, because of the rent being in arrears, and just in case she doesn't go, and also in case she leaves the place in a mess, and also to get any rent owed back.


p.s. i have issued her already with a 10 day notice.

If you can prove that then you may have a case for termination using S78 (1)(g)

[hvinder22_nz]

Frances,Are u in Papakura, and Is urs tenant is Wiste... same thing happened with me, similar kind of story.

[SuperDad]

Frances,Are u in Papakura, and Is urs tenant is Wiste... same thing happened with me, similar kind of story.

Perhaps there was a breakdown in communication?

[frances56]

the current landlord seemed genuine. the tenant's husband is still renting there, so she wasn't trying to get rid of them completely. (amicable separation).

i also did a credit check, and checked the tribunal orders online before hand.

no i am in chch.

i haven't sent the bond in yet, she has only been there for 2 weeks. but i suppose i still have to lodge everthing correctly, even if i do get her out, is that correct?

[SuperDad]

i haven't sent the bond in yet, she has only been there for 2 weeks. but i suppose i still have to lodge everthing correctly, even if i do get her out, is that correct?

Yes, that is correct.

Paul.

[RentMaster]

the current landlord seemed genuine. the tenant's husband is still renting there, so she wasn't trying to get rid of them completely. (amicable separation).

The tenants husband may have been the one paying the rent and keeping the place tidy. Often when there are multiple tenants, it is hard for the landlord to know the details of the individuals in the property other than the fact that someone was paying the rent.

Send off the bond and the tenancy services application, and good luck.

[action]

Knocking or bashing on the door before 7am seems to work great for any of my tenants that get a bit slack on paying rent on time. You could try that every morning till she gets her stuff sorted with WINZ. Otherwise give her 2 weeks notice as your cousin is moving down from Auckland to move in?
helen

[revdev]

Knocking or bashing on the door before 7am seems to work great for any of my tenants that get a bit slack on paying rent on time. You could try that every morning till she gets her stuff sorted with WINZ.

What?

Otherwise give her 2 weeks notice as your cousin is moving down from Auckland to move in?

Double what??

(are you serious?)
G

[Keys]

Knocking or bashing on the door before 7am seems to work great for any of my tenants that get a bit slack on paying rent on time. You could try that every morning till she gets her stuff sorted with WINZ. Otherwise give her 2 weeks notice as your cousin is moving down from Auckland to move in?
helen

Agree with revdev.