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House sold with Tenants on S&P on water arrears are keen to pay by Bond @Settlement.

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  • House sold with Tenants on S&P on water arrears are keen to pay by Bond @Settlement.


    We are settling a property in Auckland tomorrow with current Tenants, on Periodic Tenancy. In SnP, on page 1,Tenancies cage, it states: ie Name of Tenants: xxxxxx it states 'particulars of any Tenancies are set out in Schedule 3 or another schedule attached to this agreement by the parties.

    In Schedule 3 it states Unless particulars of a Tenancy are included in this agreement, the property is sold with vacant possession,and the vendor shall so yield the property on settlement date "
    Well, Tenants have been paying Rent on time and bond for 4 weeks almost for 2 grands and it is lodged with Tenancy Services.

    However, Tenants , despite reminders , 5 day notices 14 day letters and mutual agreements , payment plans made over the period of time , still in WATER ARREARS and owe nearly 2 grands for water rates behalf (After fixed charges deduction applied ) .When we were to raise the Water Arrears issue to Tribunal,she had a new born and or said didn't want to tarnish her name and made promises to get the amount reimbursed by Winz and were the excuses and reasons.

    And, yesterday too, she texted 'Winz to call me(her) back that they are processing it' and no payment at all other than her regular rent for the last week received.


    Please advise what's the moving forward plan.

    She said she accepts that she has been in Arrears for water and the amount . She acknowledges, her Arrears for Water behalf has n't been paid yet in full, despite notices agreements and is willing to pay for water arrears behalf from her current Bond with current landlord and authorizes to do so by signing the Bond Refund form to current landlord. And as keen to secure the current Tenancy as is, she said she will agree with new landlord to pay the new landlord weekly rent plus $200pw or so as an additional weekly sum for Bond payment behalf for 10 consecutive weeks.

    Does this sound a reasonable plan of action and or what are the options to make it all possible to recover the agreed water arrears, by current tenant, as Settlement is tomorrow. Pls adv if any Dos Don'ts. Thanks heaps!





  • #2
    So the current landlord (seller) let the tenant go into huge arrears on Water payments. On settlement, the seller has to pay ALL outstanding rates etc so it's not up to you to do anything with arrears. Your lawyer should be informing you of this requirement for settlement.

    cheers,

    Donna
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    • #3
      Originally posted by donna View Post
      So the current landlord (seller) let the tenant go into huge arrears on Water payments. On settlement, the seller has to pay ALL outstanding rates etc so it's not up to you to do anything with arrears. Your lawyer should be informing you of this requirement for settlement.

      cheers,

      Donna
      True, it was a bit unfortunate, yet good thing is Rents were uptodate but not the water arrears, only partly was paid, yes, let the Bond to new LL. however, managed to get a Fast Track/Mediation order agreed with Tenants to pay the arrears at a payment plan over the period of time,a contractual agreement legally binding. Thanks Glenn, Peter for their insights too.

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      • #4
        Hope settlement went without any more surprises Anita.

        cheers

        Donna
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