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  • Screenplay
    Freshie
    • Aug 2012
    • 4

    #1

    Tennant Nightmares

    Hi Everyone,

    I am writing on behalf of a friend (Jim) aged 63 who needs advice.
    He's going before the Tennancy Tribunal tomorrow and hasn't a clue
    what to do about the mess hes found himself in. Background:
    Jim owns two 2bdrm Units which are situated next door to each other.
    Unit A is rented at $120.00 per week middle aged couple Jack & Jill.
    They have a signed tennancy agreement.
    Unit B has been sitting vacant for a few months. Jill's 19 year old daughter
    (Tabitha) asks Landlord for the use of Unit B to host extended
    family visiting from out of town. Landlord agrees to a 3 day term only.
    Two weeks later Tabitha (& others) are still resident in Unit B.
    Landlord asks Tabitha to vacate immediately or pay rent.
    Tabitha agrees to pay rent so Landlord gives her a tennancy agreement
    with the rent set at $120.00 per week. Tabitha stalls the signing
    for two weeks. Landlord who's had enough by now calls round to pick up the
    agreement. He opens the front door and is told to get off the property.
    He sights the agreement in the kitchen, moves to pick it up and is assaulted
    by Tabitha, who is now squatting unlawfully in Unit B.
    The rental agreement is signed however there have been changes made, notably
    the rental amount has been amended from 120.00 per week to 70.00 per week.
    Landlord see's his forged initials marking the changes and in the heat of the moment
    rips up the agreement and orders the squatters of the property. Tabitha assaults
    him again and he makes an attempt to fend her off.
    Three more weeks have passed since this incident. Landlord is up on a charge of
    assault and has been hauled before the tennancy tribunal with Tabitha claiming
    damages and compensation. He realises now that the odds are against him.
    What can he do? How can he get these people out of his propertys. Both Jack & Jill
    (the parents) and Tabitha (&others) are living in his Units and are not paying rent.

    By the way.......Jack & Jill have paid about 2 weeks rent in the past year.
    He needs to get them out but they seem to know all the loop holes.
    Please help if you can. I have advised him to call the police, which he has though
    they wont evict the squatters. His personal property is being stolen by these low-lifes
    while hes at work.
  • artemis
    Fanatical
    • May 2004
    • 3102

    #2
    He will have to do the best he can tomorrow as no time to do anything else. If he can prove through rent records that J and J are more than 21 days behind in rent he can ask the TT to terminate the tenancy.

    Once the hearing is over, he should get a property manager asap.

    Comment

    • eri
      Fanatical
      • Sep 2008
      • 7621

      #3
      based on what you say

      i'd be surprised if this went against him

      as she doesn't have a signed TA

      why would he suddenly knock 40% off the rent and assault her a few weeks after she moved in?

      her story will sound pretty unlikely compared to his

      what he should be doing now is paying someone to do a credit check on her and searching the TT records himself

      The Tenancy Tribunal hears disputes between landlords and tenants of residential properties who have not been able to reach agreement in mediation provided by the Ministry of Business, Innovation and Employment's Tenancy Services.


      it may help explain her dodgy actions and even if it doesn't they are both things he should do before accepting her as a tenant

      please get back to us with the result
      Last edited by eri; 07-08-2014, 05:12 PM.
      have you defeated them?
      your demons

      Comment

      • Keys
        Fanatical
        • Nov 2006
        • 6062

        #4
        Unless he has applied for termination due to rent arrears. It won't happen. Unless he has a signed form allowing a credit check, it shouldn't happen.

        This will cause problems no matter what he does. Again, the surest way out is issuing a 90 day letter to both of the unit tenants. There is potential to have a section 54 notice served on him though.

        This is what happens when someone tries to run a business without knowing the rules.

        Bite the bullet and hire a PM who is prepared to handle this. You may need to pay an hourly rate as there will be no rent coming in to pay the PM.

        Go to www.ipma.org.nz and find one in your area.
        https://www.propertytalk.com/forum/i...ilies/lock.gif

        Comment

        • flyernzl
          Fanatical
          • Mar 2007
          • 3143

          #5
          Oh dear, how sad.

          Yet another 'Landlord' who hasn't got a clue.

          Comment

          • td91
            Forum Junkie
            • Feb 2013
            • 427

            #6
            Make sure he has a rent record showing rent is at least 21 days in arrears. He can mention it but if there's no proof it turns into a he said she said. Best he can do is a 90 day notice if he is unsuccessful in a termination of Jack & Jill's tenancy. Tabitha doesn't have a leg to stand on in my opinion, sounds like she has something to hide - possibly a terrible rent history maybe?

            I would recommend Jim instructs a property manager, if he can't get this lot out through this upcoming hearing then get a pm in they'll indefinitely fix the mess, by getting them out. They'll also be able to find new tenants and have them screened properly, doing it yourself saves money but it's situations that do exist such as this that makes you thankful property managers do exist. Tenants like Jack, Jill & Tabitha love landlords like Jim because they know it's easy to do whatever they want, whereas if with a property manager it isn't as easy. I'm sure wherever Jim is in NZ there's a Harcourts or Ray White office near by, tell him to stop by there and instruct a PM (whatever the outcome of the hearing either to get them out or to find new tenants)

            I don't suggest a PM because I am pro using them or anything, I've done it myself before I've seen the good and the bad. But in a situation like this a pm is the most helpful and will prevent a situation like this ever happening again! Best of luck. I'd love to hear the outcome!

            Comment

            • PTWhatAGreatForum
              Fanatical
              • Aug 2013
              • 1496

              #7
              I'm skeptical of this story and here's why -

              Originally posted by Screenplay View Post
              By the way.......Jack & Jill have paid about 2 weeks rent in the past year.

              Comment

              • Screenplay
                Freshie
                • Aug 2012
                • 4

                #8
                Thanks to all for the positive responses. I had some trouble navigating back to my thread hence delay in replying....Jim has since filed a claim against Tabitha for unpaid rent and has requested she be evicted by the TT. Another claim will follow today against Jack & Jill for unpaid rent. Jim attended her Tribunal hearing Friday, asked for an adjournment to hear his claims at same time but was denied. Hes better prepared now however so managed to keep his head. It's going to drag on due to the large amount of witnesses she has lined up. One down, another 4 or 5 to go which will stretch her case out for ages. I can see how people use the system to their full advantage. Next step is finding good a property manager. The general theme from everyone's replies is get a good PM so Jim would be very unwise not to listen. Will show him the posts today as I'm back at work.

                .......Since the above post and now .........Showed Jim your resonses. He was greatful. The tribunal hearings have been drawn out due to a large number of witnesses called. A decision still hasn't been reached but it's close by the sound of things. I advised Jim to get a property manager ASAP. It's up to him now.

                Thanks again. Will let you know the result.
                Last edited by Screenplay; 28-08-2014, 11:18 PM.

                Comment

                • PTWhatAGreatForum
                  Fanatical
                  • Aug 2013
                  • 1496

                  #9
                  Originally posted by Screenplay View Post
                  One down, another 4 or 5 to go which will stretch her case out for ages. I can see how people use the system to their full advantage.
                  Isn't this just a euphemism for a doubtful position? We should hear the other side of the story... for balance and all...

                  Comment

                  • eri
                    Fanatical
                    • Sep 2008
                    • 7621

                    #10
                    how do you propose we do that?
                    have you defeated them?
                    your demons

                    Comment

                    • PTWhatAGreatForum
                      Fanatical
                      • Aug 2013
                      • 1496

                      #11
                      Originally posted by eri View Post
                      how do you propose we do that?
                      That's not my point really....

                      What I'm saying is this story sounds, how shall I put it... "odd".

                      Allegedly - 2 weeks rent in a year then lets their family occupy the next door one?

                      It just doesn't make sense to me.
                      Last edited by PTWhatAGreatForum; 29-08-2014, 04:40 PM.

                      Comment

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