Need advice regarding an eviction notice

[mrsaneperson]

Narla has taken flight from this thread.Never to return.His landlord had being extremely reasonable, yet in return Narla was shamelessly looking to make a fast buck out of him.

There was a disconnect between the seriousness of his rent arrears & his own responsibility for that.

If we are too help people like Narla we should be telling him to accept responsibility for his own mess & face the consequences!

[NESW]

Out of interest, lets say the LL doesn't move family in but decides to sell the house, rent it to someone else or keep it vacant for a while, if Narla was still ''around'' or friendly with neighbours, would Narla have recourse in the tenancy tribunal to say they were unfairly evicted?

[mrsaneperson]

No. The landlord would say at the time the notice was served it was his intention to do what he had stated he intended to do, so no breach of the RTA would have occured. I have looked into this and spoken with 0800tenancy and that is what they told me as long as that was the intention when the notice was served. Proving that was not the landlords intention would be something very difficult to do.

[Leftette]

What would be the point, and what would that achieve, even if they could? They're out of the house at that point. It would take a special sort of vindictive deep-loathing on the tenant's part to go thru with that.

[NESW]

My former tenant ''could'' have been Narla except for a few subtle differences. Our pm had already served a 42 day notice (I too was told about intention) when our first tenancy tribunal hearing for arrears was heard. I won. We have just had a 2nd hearing for further arrears accrued since the first hearing and awaiting the written findings although the tenant agreed they owed for additional rent and water and they vacated as per the 42 day notice. I just wondered what if any fine system was in place for LL's if they changed their mind about their property once the tenant had gone? My former tenant hasn't moved far away but is unable to obtain housing in her name amd her partner owes HNZ approx. $4000 also by order. I don't think she is aware the orders are on line and has confronted a few locals blaming them for bad mouthing her to LL's. A fruit loop for sure.

[Learning]

I don't think she is aware the orders are on line and has confronted a few locals blaming them for bad mouthing her to LL's.

My tenancy agreement clearly states in a couple places that a reference on the tenant will be lodged on the TINZ database for future LL's to view at the end of the tenancy along with any TT or mediation reports if applicable. If they don't sign their agreement then they don't get the tenancy. Only ever had one person turn it down.

[NESW]

My tenancy agreement clearly states in a couple places that a reference on the tenant will be lodged on the TINZ database for future LL's to view at the end of the tenancy along with any TT or mediation reports if applicable. If they don't sign their agreement then they don't get the tenancy. Only ever had one person turn it down.

I leave that side of things up to the PM. However whenever I have mentioned reference checks etc when I have privately listed something, the inquiries drop off substantially.

[mrsaneperson]

My former tenant ''could'' have been Narla except for a few subtle differences. Our pm had already served a 42 day notice (I too was told about intention) when our first tenancy tribunal hearing for arrears was heard. I won. We have just had a 2nd hearing for further arrears accrued since the first hearing and awaiting the written findings although the tenant agreed they owed for additional rent and water and they vacated as per the 42 day notice. I just wondered what if any fine system was in place for LL's if they changed their mind about their property once the tenant had gone? My former tenant hasn't moved far away but is unable to obtain housing in her name amd her partner owes HNZ approx. $4000 also by order. I don't think she is aware the orders are on line and has confronted a few locals blaming them for bad mouthing her to LL's. A fruit loop for sure.

You changed your mind; as long as this was after the tenant had moved out there is no obligation on your part to inform them .It still holds that your original intention was legitimate when you served the 42 day notice.

[NESW]

You changed your mind; as long as this was after the tenant had moved out there is no obligation on your part to inform them .It still holds that your original intention was legitimate when you served the 42 day notice.

Many thanks, this is what I thought also.

[Sante]

The thing I'm not clear on is this: Based on the first post, how would this count as retaliatory eviction? The tenant was behind in rent and was served notice to remedy, an arrangement was made for the the arrears to be paid off, the arrears were paid off, and the tenant was then given notice. For a notice to be retaliatory, the landlord must be found to be "motivated wholly or partly by the exercise or proposed exercise by the tenant of any right, power, authority, or remedy conferred on the tenant by the tenancy agreement or by this or any other Act or any complaint by the tenant against the landlord relating to the tenancy." But in this case, it was not the tenant who exercised a right, power, authority or remedy, it was the landlord.

The OP did subsequently mention, in their rant, that there were unresolved maintenance issues and emails asking to fix them (which could provide grounds for the notice to be declared relatiatory), but the responses here saying the notice was retaliatory came well before that information.