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  1. #1

    Default How to ask a tenant to leave? Please help!

    We have a rental that is looked after by a real estate agent. Unfortunately, the agent failed to notice the tenant has been paying less rent than he should be for a month (March). After my complaint to the agent, the agent sent the 10 days letter not once but twice plus numerous phone calls. The tenant, who is a policeman with a young family, promised to pay but still no show and still no money seen. On top of that, the tenant has consistently used the visitor car park as their own car park with no regards to other owners’ objection. Hence, this sparked major animosity between us, the owner and the body corp. committee.
    I have requested my agent to ask the tenant to leave but she said the matter is too trivial to evict the tenant. My question here is, can i give tenant 60 days notice to leave without giving the tenant any reason? Please advice! Time must be really tough, even our police men also could not affort to pay rent!

  2. #2
    Join Date
    Nov 2005
    Posts
    3,286

    Default

    Quote Originally Posted by churchh View Post
    After my complaint to the agent, the agent sent the 10 days letter not once but twice plus numerous phone calls.
    This in itself shows the agent to be bad and in need of dismissal.

    ............

    In answer...

    If the tenancy is periodic a 90 day notice can be given, no reason.

    If fixed, notice not possible. I will assume it is periodic.

    Next, are you on the TA as a LL? If yes then you can do this all yourself over the head of the agent. If not you cannot but you can instruct the agent to do what you tell them to.

    I suggest finding out exactly when this notice is due to expire and instruct the agent to apply for termination if it is not complied with. I also suggest getting a notice served about the parking issue. I also suggest serving a 90 day notice now with no reason. The tenant may get the message and give 21 days notice back. If not they have to leave because you have all angles covered.

    When it's over sack the PM.

    xris

  3. #3
    Join Date
    Apr 2008
    Posts
    2,086

    Default

    Many years ago, a copper would have been an ideal tenant. Not so today. I would put them in the same category as security guards.

  4. #4
    Join Date
    Jun 2005
    Location
    Nelson NZ
    Posts
    3,863

    Default

    What is the bet that the PM feels intimidated.
    With all due respect to churchh it is clear to me that you are not familar with the RTA. I suggest to you that taking the matters into your own hands at this point is not a smart way to learn.
    Far better to dismiss the PM and find one that has a bit of go in them.

  5. #5
    Join Date
    Apr 2006
    Location
    Wellington
    Posts
    385

    Default

    Quote Originally Posted by churchh View Post
    After my complaint to the agent, the agent sent the 10 days letter not once but twice plus numerous phone calls. The tenant, who is a policeman with a young family, promised to pay but still no show and still no money seen.
    Once the 10 day letter has expired and your tenant has not brought all rent up to date, the next step is to apply to the tenancy tribunal to get the tenant evicted for non payment of rent.

    If a perodic tenancy you can give 90days notice today for the tenant to move out withough any reason.

    If a fixed term tenancy you will need to go to the tenancy tribunal, or come to an arrangement with the tenant to shift out.

    Where is your property? Other investors on PT may be able to advise on the best Property Managers in your area. I hope you have enough equity/cash available to ride out this arrears for a while.


    All the best,

    Niall

  6. #6

    Default

    Thank you xris and all of you. Forgive my ignorance, what is TA and LL? I do like your no nonsense approach to this problem.
    The real estate company I used,changed three PMs within 3 months. The pm now is very helpful and enthusiastic. To be fair, all the problems occurred when those two previous PMs were in charge.
    A notice has been served about the parking issue by the PM but to no avail. Indeed, Glenn is right. We are not familiar with the RTA. All of your inputs have been very helpful. Thanks you.
    Thank you Green Fish, my tenant has made me lose all the respects i have had for the policemen when it come to selecting tenant in the future.

  7. #7
    Join Date
    Jan 2005
    Location
    Turkey/NZ
    Posts
    1,821

    Default

    Quote Originally Posted by churchh View Post
    Thank you xris and all of you. Forgive my ignorance, what is TA and LL? I do like your no nonsense approach to this problem.
    TA = Tenancy Agreement
    LL = Landlord

    The real estate company I used,changed three PMs within 3 months. The pm now is very helpful and enthusiastic. To be fair, all the problems occurred when those two previous PMs were in charge.
    Being enthusiastic is all well and good, but they now need to gain control of the situation, which starts with the 90 day notice...get the clock ticking.

    Churchh, I see you have been a member of PT for a long time - there a many threads on here which work through the correct process. These can be found using the search function.

    All the best
    G

  8. #8
    Join Date
    Dec 2007
    Location
    three kings
    Posts
    29

    Default

    What sort of body corp committee is this? Contact the Buiding Manager and advise him/her to TOW the offending vehicle.
    If they lack the fortitude complain to the Body Corp Secretary. Remember you are paying B/C fees for having the place run efficiently.
    And dont forget to send the pretender a 90 day notice if the above does not work.

  9. #9
    Join Date
    Nov 2006
    Location
    Cyberspace
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    Quote Originally Posted by Niall View Post
    Once the 10 day letter has expired and your tenant has not brought all rent up to date, the next step is to apply to the tenancy tribunal to get the tenant evicted for non payment of rent.

    All the best,

    Niall
    Slight correction.

    The day you issue the 10 day notice you may apply to the TT for a ruling.

  10. #10
    Join Date
    Nov 2006
    Location
    Christchurch
    Posts
    319

    Default

    Quote Originally Posted by churchh View Post
    We have a rental that is looked after by a real estate agent. Unfortunately, the agent failed to notice the tenant has been paying less rent than he should be for a month (March). After my complaint to the agent, the agent sent the 10 days letter not once but twice plus numerous phone calls. The tenant, who is a policeman with a young family, promised to pay but still no show and still no money seen. On top of that, the tenant has consistently used the visitor car park as their own car park with no regards to other owners’ objection. Hence, this sparked major animosity between us, the owner and the body corp. committee.
    I have requested my agent to ask the tenant to leave but she said the matter is too trivial to evict the tenant. My question here is, can i give tenant 60 days notice to leave without giving the tenant any reason? Please advice! Time must be really tough, even our police men also could not affort to pay rent!
    I would ignore the parking issue, sounds like their problem not yours. I think your being ripped off, you're paying body corp fees & management fees... & you still have to deal with these [email protected] issues.


 

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