Rent arrears

[Frezzinghot]

We have a tenant who is behind in his rent 2 weeks, have applied to tenancy tribunal to have him pay the outstanding amount about a week ago but have not heard back from them, we want to kick the tenant out but need to wait for the hearing, how long should we wait for a hearing?

Frustrated by the time it take to get any action!

FH

[Viking]

Why don't you read the Residential Tenacy Act. That sets out the rules.

It's on Google just to make it easy for you.

Oh and do it before the tribunal punishes you for breaking the Law.

[Keys]

If you have not applied for termination in your first application, ammend it now. Otherwise, you'll not get termination.

6 weeks from go to woa

[Frezzinghot]

We have applied to get the contract terminated and the money owning on rent.

[BigDreamer]

Don't forget to ask for the application fee to be paid by the tenants as well. Good luck.

[Frezzinghot]

This ass*#!@ tenant is now 4 weeks behind in his rent and my blood is beginning to boil, I feel like going there and throwing his ass out on the street but have to wait till monday for the mediation phone call, why does this process take so long, after 3 weeks it should be an automatic termination of the contract! This whole tenancy bullshit is weighted in the favour of the bloody tenants.

FH

[Keithw]

Relax FH.
Couldn't agree more but getting stressed about it wont help.

Remember this is a long term investment, and sometimes getting the rent from ratbag tenants can be a long term thing as well.

A few years ago I had a tenant that fell on hard times and was many weeks behind by the time I got him out. He disappeared up north for a couple of years until one day I was contacted out of the blue. He had returned to Auckland and wanted to get a place, but when he searched his name he found it on a Bad Tenant site. I got the due rent & I assume he got a place.

Three years ago a scumbag con-man stopped paying rent, it was over six weeks by the time the TT signed off on termination (of the fixed term) and a couple more after that to get him out.
He disappeared, promising to pay the due rent the next month when he got another job.
Never did of course.
Little point in setting the debt collectors on him when he doesn't have a job.
But now, due to the wonders of social media (linkedin specifically) he has popped up and his new workplace and contact details are there for the using. Will let you know how I get on collecting, but like I said, sometimes these things just take time.

[Frezzinghot]

Relax FH.
Couldn't agree more but getting stressed about it wont help.

Remember this is a long term investment, and sometimes getting the rent from ratbag tenants can be a long term thing as well.

A few years ago I had a tenant that fell on hard times and was many weeks behind by the time I got him out. He disappeared up north for a couple of years until one day I was contacted out of the blue. He had returned to Auckland and wanted to get a place, but when he searched his name he found it on a Bad Tenant site. I got the due rent & I assume he got a place.

Three years ago a scumbag con-man stopped paying rent, it was over six weeks by the time the TT signed off on termination (of the fixed term) and a couple more after that to get him out.
He disappeared, promising to pay the due rent the next month when he got another job.
Never did of course.
Little point in setting the debt collectors on him when he doesn't have a job.
But now, due to the wonders of social media (linkedin specifically) he has popped up and his new workplace and contact details are there for the using. Will let you know how I get on collecting, but like I said, sometimes these things just take time.

Good story Keithw. Yes a little stressed out atm probably because of work commitments etc...

I have been pretty lucky with tenants over the years so when I get a hopeless one I get a reality check and remember how bad some people can get! I almost feel as if they have come to my house and stole something from me. (which in effect they have)

We all work hard to have something for the future so when this type of thing happens it really pisses me off. My wife on the other hand is a lot calmer than me and balances me out thank god

[QRM]

Rent arrears is definitely a frustrating issue, fortunately most tenants are great but it is the rat bags that we hear about and need to spend the most time with. Hopefully you have all you need once you get your order to enforce a collection. If not I would make sure you get extra information now, Date of Birth, source of income etc. Property is a long term investment, don't let one bad tenant put you off.

Hopefully you have a 4 week bond, which can be awarded immediately through tribunal or mediation.

[Frezzinghot]

Rent arrears is definitely a frustrating issue, fortunately most tenants are great but it is the rat bags that we hear about and need to spend the most time with. Hopefully you have all you need once you get your order to enforce a collection. If not I would make sure you get extra information now, Date of Birth, source of income etc. Property is a long term investment, don't let one bad tenant put you off.

Hopefully you have a 4 week bond, which can be awarded immediately through tribunal or mediation.

Mediation is on monday by phone, tenant says we are harassing them by asking where the rent is and will bring this up in mediation, yes we have 4 weeks bond which should come straight to us, asking for termination of contract on monday due to 4 weeks missed rent so hoping to get these scumbags out shortly.

Tenant selection on the next ones will be more thorough thats for sure!

FH

[FJW]

Hi Frezzinghot

It can take up to 5 weeks to get a hearing, give them a call to see if it can be put to phone mediation its a lot quicker and the mediators still can make orders that have the same powers as the tribunal.

Hope this helps

[Frezzinghot]

Hi Frezzinghot

It can take up to 5 weeks to get a hearing, give them a call to see if it can be put to phone mediation its a lot quicker and the mediators still can make orders that have the same powers as the tribunal.

Hope this helps

We were to have mediation by phone on Monday but low and behold the tenants could not take a phone call stating work, (how convenient) tenancy then advised best to go to court to have them removed as 5 weeks late now! so hopefully we get in sometime soon, they were given 90 day notice a few months back so worst case scenario we have to wait till 21st August to kick them out, in the meantime still go to court.

All bases are covered I guess just want the scumbags out.

FH

[Frezzinghot]

What I don't understand is there should be a ruling where if the tenant falls 4 weeks behind in rent, instant termination. Why should we have to wait! Just gives bad tenants time to scheme, leave, or look for other places while still not paying rent!

FH

[Learning]

Some use mediation as another delay tactic. You're not going to be given an adjudicator hearing date as long as you've got a phone mediation agreed. Also phone mediation is another way the scumbags keeping their name out of the TT orders as their results are not public.

My only phone mediation ended in an agreement to pay by the tenant who then did a runner. Hence I won't agree to phone farce again.

[Anita]

I can't agree enough with you all.


Freezing hot, keep calm and you are almost there (make sure no nasty texts to tenants, be professional - be patient). I admit that it's hard but it's what it is. By the way I like your motto


I too have found Mediated Order in form of Fast Track/Phone mediation, in the past it has been time consuming and results oriented. However, the most recent one(last week) has been worked out extremely unworthy. The Mediator was either lazy or bias.


In brief, the Landlord TT application we made was online & was to seek arrears and pay rent on time in advance and had a consequential clause added if failed to keep ( after a day grace period - it terminates the Tenancy ) And we had all these as 'an agreement reached with tenants' in writing all itemized agreed points ( where both tenant & landlord signed ).


However, the Mediated Order was ONLY to pay the arrears, and tenants did, but other agreed clauses, ie future rent repayments on time and consequential clauses have not been added to the Order. Neither endorsed by an Adjudicator. It was a mere worthless paper.


The tenant hasn't again paid the rent this week and is on arrears.No consequential clause to remedy it , we got to start from the beginning.


Anybody out there who faced similar experiences and or how was it like the journey after ?