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Tenants have given notice but are not contactable

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  • Tenants have given notice but are not contactable

    Our tenants have given notice and basically not been contactable since.
    We have a number of interested parties who would like to view.

    Is it possible to give notice (48hrs?)to show the flat and if so are there particular steps to take?

    So far no response by email and both phones are on message

  • #2
    You can only show the flat by agreement. There is no time limit stipulated for bond refunds written in the RTA.

    www.3888444.co.nz
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    • #3
      Originally posted by skid View Post
      Our tenants have given notice and basically not been contactable since.
      We have a number of interested parties who would like to view.

      Is it possible to give notice (48hrs?)to show the flat and if so are there particular steps to take?

      So far no response by email and both phones are on message
      Do you have Next-of-Kin contacts or Employer contact details that they agreed to make contact with, in case of No reply from them?(The tenants)? In which case it is absolutely permissible to contact them for info.

      Just a heads-up. Were they reliable tenants? I don't want to alarm you but as property owner you are entitled to take a look around the property, check with neighbours and report to Boys in Blue if you suspect anything of import.

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      • #4
        Also bear in mind that when the date of termination does roll around, you then have a 30 day opportunity from that day to file a claim for rent arrears, damage, cleaning or any other expenses (which may include your claim on the bond) with Tenancy Services giving the tenant's address as your rental property.

        After that 30 day window expires, TS will then not accept you application unless you can then give the current address of the ex-tenants.

        So don't delay on getting your claim in.

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        • #5
          Two months flyernzl. However, that two months does not apply if you have the name and address of the tenants' agent given to you in writing.

          www.3888444.co.nz
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          • #6
            ...two months does not apply if you have the name and address of the tenants' agent given to you in writing.
            Which is why you should have a section in your TA something like the following:

            -----

            Contact details - Next of kin / Duly Authorised Agent

            Name and address of a person (other than the tenant) whom the tenant nominates as a duly authorised agent to receive service on his or her behalf.

            ------

            Even better is if you have the above section in your tenancy application (plus a condition in your tenancy agreement that states "The tenant(s) agree that information provided by the tenant(s) on their tenancy application forms for consideration to rent this property form part of this rental agreement."

            The logic being that a tenant may come up with some excuse for not providing that information when signing the tenancy agreement, in which case you may be tempted to take them anyway, or risk incurring delays finding another tenant..

            They're more likely to provide the information when applying to rent the property (because they want to look good during the application process). And of course anybody who doesn't provide the information on their application automatically gets weeded out by default .

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            • #7
              Tenants need to be 'reasonable' when allowing showings so me personally I would notify them personally with the 48 hours notice and then act accordingly when / if they get back to you.

              Has your relationship always been good with them? If so you shouldn't encounter any trouble.....
              Fraser Wilkinson
              www.managemyrental.co.nz
              Wellington / Lower Hutt / Upper Hutt / Porirua

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              • #8
                Originally posted by FJW View Post
                Tenants need to be 'reasonable' when allowing showings so me personally I would notify them personally with the 48 hours notice and then act accordingly when / if they get back to you.

                Has your relationship always been good with them? If so you shouldn't encounter any trouble.....
                Hey Fraser, the point is they are not contactable.

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                • #9
                  Yeah what tenants are contactable though when it comes to communicating with their landlord

                  As I said before, if they weren't contactable I'd still give the 48 hour notice and see what happens...
                  Fraser Wilkinson
                  www.managemyrental.co.nz
                  Wellington / Lower Hutt / Upper Hutt / Porirua

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                  • #10
                    Originally posted by BigWal_v2 View Post
                    Which is why you should have a section in your TA something like the following:

                    -----

                    Contact details - Next of kin / Duly Authorised Agent

                    Name and address of a person (other than the tenant) whom the tenant nominates as a duly authorised agent to receive service on his or her behalf.

                    ------

                    Even better is if you have the above section in your tenancy application (plus a condition in your tenancy agreement that states "The tenant(s) agree that information provided by the tenant(s) on their tenancy application forms for consideration to rent this property form part of this rental agreement."

                    The logic being that a tenant may come up with some excuse for not providing that information when signing the tenancy agreement, in which case you may be tempted to take them anyway, or risk incurring delays finding another tenant..

                    They're more likely to provide the information when applying to rent the property (because they want to look good during the application process). And of course anybody who doesn't provide the information on their application automatically gets weeded out by default .
                    Very good just added this to my Tenancy Agreement

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                    • #11
                      Originally posted by Keys View Post
                      You can only show the flat by agreement. There is no time limit stipulated for bond refunds written in the RTA.
                      Except if left unclaimed after 6 years they go to the government coffers to buy Jacinda a new pram : https://www.stuff.co.nz/business/pro...-tenancy-bonds

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                      • #12
                        So you are giving them 48 hours by what means? Again, I repeat - they are not contactable.

                        However, since no-feedback from Skid, then I guess its been sorted.

                        Originally posted by FJW View Post
                        Yeah what tenants are contactable though when it comes to communicating with their landlord

                        As I said before, if they weren't contactable I'd still give the 48 hour notice and see what happens...

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                        • #13
                          Originally posted by erinak View Post
                          So you are giving them 48 hours by what means? Again, I repeat - they are not contactable.

                          However, since no-feedback from Skid, then I guess its been sorted.
                          A tenant or landlord does not need to be contactable in order for notices to be served legally. You just serve the notice to the address given on the agreement, they don't need to reply. This is assuming the issue of serving notice is relevant, which in this case it is not.
                          Last edited by Tenant17; 02-07-2018, 03:24 PM.

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                          • #14
                            Originally posted by FJW View Post
                            Yeah what tenants are contactable though when it comes to communicating with their landlord

                            As I said before, if they weren't contactable I'd still give the 48 hour notice and see what happens...
                            What section of the RTA would you use as a basis for serving your 48 hours notice?

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