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  • Access to property

    I want to show prospective tennants through on Saturday. Tennant says she won't allow it because she won't be there (even after agreeing to it). Can she stop me ? I have already placed ads in paper saying open home at that particular time.

  • #2
    Fullom,

    Thats a pain in the bum!

    The hammer over the head option is to start quoting scripture to the tenant. Specifically Section 48 of the tenancies act. Follow this link to view:
    http://www.dbh.govt.nz/UserFiles/Fil...ancies-act.pdf

    Basically you are telling them to "let me in or I will huff and puff and blow your house down."

    Do you always show prospects thru when the sitting tenant is at home?

    Another option would be to sweet talk the tenant down. They may be worried about people swiping their stuff while walking thru the house. Could be worried that they wont have removed the p-lab from the garage till Sunday and you might be a bit ticked off about it.

    Have a chat with them again, explain you have paid $$ for advertising and people are going to be showing up anyway, you might as well be there to make sure they dont trample her flower beds when they pear thru the windows.

    Tell us how it goes

    All the best,

    Niall

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    • #3
      Originally posted by fullom View Post
      I want to show prospective tennants through on Saturday. Tennant says she won't allow it because she won't be there (even after agreeing to it). Can she stop me ? I have already placed ads in paper saying open home at that particular time.
      Hi fullom,

      Did you discuss with the tenant the fact that you were going to open home the property?

      This does present a security risk, as if you have multiple parties through at the same time then you can't keep an eye on everyone. This could well be what they fear, and why they have withdrawn consent.

      The question that you need to ask is "Is the tenant's request to be present at all viewings an unreasonable restriction on access?" The tenant may not unreasonably withold consent to your showing the property to prospective tenants - indeed doing so is an unlawful act.

      If I were in this situation, I would gently remind the tenant that she had previously agreed to access, and that you have made arrangements accordingly. You have block-booked viewings so as to make the re-letting process minimally disruptive to her.

      If the softly-softly approach doesn't work, turn up the heat a little and explain (nicely) that the unreasonable refusal of access is an unlawful act and that, if necessary, you will apply to the Tenancy Tribunal. However, you really don't want to do this as it will leave her with a permanent black mark against her name.

      You will catch more flies with honey than vinegar. Don't forget that the vast majority of tenants are very good people, and many have had bad experiences of landlords or property managers walking all over them. The art is negotiating the situation to your favour in a way that has the tenant thanking you for being a great landlord.

      Paul.

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      • #4
        Fair enough really, I wouldn't want people wandering through my house. Esp half the dodgy people I see out there...
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        • #5
          I reckon your stuck.

          As Paul points out keeping you out is unlawful however you will need to apply to the tribunal for access.

          The issue being that if you are showing new tenants through I reckon the current tenant has probably figured out that she will have moved on before that can occur.

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          • #6
            Yep her demand was that I take off a days rent for every open home I had. By the time I would have been through the system she would have been gone however as fate would have it I have rented it to a friend of mine without the need for an open home.

            If you rent houses in Wellington just never ever rent your house to a girl called Tilly.

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            • #7
              Was this access dispute the problem you had or was there a history of difficulties through the tennacy?

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              • #8
                This was one of a few difficulties that happened in the last 2 weeks of the tennancy. Have you had a person through of that name ? If so good luck.

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                • #9
                  Better watch out for that "Tilly" huh? That's odd... Tenancy is a good business but do build good relationship on tenants are far more better.

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