I gave a 3 year fixed term to my tenant. Problems started as soon as she moved in. My house that is fairly new started having serious costly plumbing issues. Phone calls from a drunk tenant but that is another story. This led up to her ringing me to say she was leaving after six months, I started getting phone calls from landlords for references. After a week she was ringing me every ten minutes leaving messages on my answer phone for me call her urgently. When I rang her back she said she was staying she was not moving. 5 days later I received a call from another landlord asking for a reference for this tenant. I rang her and she said she has changed her mind and wants to leave. Next day another tap in the house mysteriously broke. I then received a call from this ladies previous landlord who had given her a good reference, it appears she has been receiving these calls also and was fed up with it, she then told me the real story of this tenant. Apparently she signs fixed term tenancies then causes problems with the plumbing and keeps saying she is going to move out, then changes her mind. The landlord gets fed up and tells her to move out and she demands compensation. The last landlord paid her $3000. I have never used a fix term tenancy before, and I will not be doing so again. I am going to tribunal to sort this out, I will not be paying a penny .
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This tenant isn't in Papakura is she??
& did the shower leak because it is faulty?? as well.??
and is the laundry tap leaking all the time - this is in a NEw home!!!!
And when she left the PM turned off the tap at the mains because the of the leaky laundry tap. Then when the plumber arrived & went outside to turn on the water again - ALL the taps in the house had been left on so instant flooding!!! Moral don't leave a dodgy tenant in the house while you are outside turning off the water mains.
Maybe your tenant & Nancy are in the same 'group?? called " damage by water group'
Fixed term tenancies are fine. The idea is to set them up for 6 months first & if it works for both parties then renew for a longer period. It is not that it is fixed that is the problem but that it is such a long time period that it is fixed for. Periodic would have given you the option of 90 days notice ut a fixed for 6 months would have worked as well.
AS part of the tenant check- If we all start looking at Tribunal results on Tenancy Govt site then we may see some behaviours that show the tenant as being a problem.
Good luck suggest you request a written report or a tribunal reference from previous landlord to show at Your tribunal hearing that the tenant has a pattern of this bad behaviour.
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I then received a call from this ladies previous landlord who had given her a good reference
Also - if a tenant says they are planning to move, get it in writing ASAP. This would also help your cause with TT.Lisa
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Fixed term scam
The trouble is, this lady will not give her notice in writing, she does not intend to leave, just to annoy the heck out of me until I tell her to leave. She can seek compensation for getting kicked out before the end of her agreement. I am going to tribunal, but really don't know what I can expect in form of a resolution. Do I have to keep this lady and have her carry on in this way? Can I have her tenancy terminated without it costing me money? I don't know what to do with this problem.But I can tell you she has picked on the wrong one to cross this time.
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Tenancy Mediation
Hi Chess
I would get in contact with the past PM/LL and ask them to write down their experience/s with this tenant.
I would then apply to Tenancy Services for a Mediation hearing, on the grounds that since this woman has moved in there has been continual maintenance problems which are xxx times what you have had in the past, she's unhappy about being there and wants to move and then changes her mind.
When you get to TM, ensure that the tenant talks first - and talks herself into a big hole. She's bound to go off her nut about the continual maintenance etc, unhealthy living conditions, how she wants to move out.
Hopefully, this is what she will do. Ppl tend to dig themselves holes by trying to fill in a silence. Don't argue with her while she is talking. She will make outrageous claim which you will find offensive, but she wants you to argue back. She's just trying to manipulate you.
Once she has finished talking, show the letter from the previous PM/LL, provide documentary evidence that the property maintenance has sky-rocketed since she became a tenant, show history of ALL phone calls etc (keep a note of these).
Make it perfectly clear that you feel that the tenant is unhappy and that you are willing to let her move out even though she has a Fixed Term Agreement. You don't like having unhappy tenants, so you'll accept a three week notice of termination at Mediation.
Also state that at the time of the mediation there aren't any outstanding maintenance issues and don't expect there to be any before end of the tenancy. State that you are mystified that since this tenant took residency, the maintenance has become an issue. You'd like to have the property empty so that you can get plumbers, builders in to look at it.
You are effectively calling the tenant a liar, without directly calling the tenant a liar and saying, move out you b**** and by the way, if there is any maintenance/flooding etc, it will obviously be your problem and I'll make a claim against the Bond.
Good luck and keep us posted.Patience is a virtue.
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Originally posted by chess View PostI have a mediation meeting scheduled for Tuesday 16th Sep This will be the first mediation in sixteen years as a landlord. Gives you some indication of how I normally get along with my tenants.
I will let you know how I get on.
Just remember, if you don't want to agree - don't.
Then, you'll be off to the TT for a binding decision (mostly)
If you do get to the TT it'll be public knowledge.
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"I put it to you that you are mistaken, you liar!
"I am not mistaken."
"So you therefore seem to accept, by a process of implication and elimination, that you are a liar?."
"Well, I accept that I have on occasions told the odd fib."
"Would those occasions include the oath you swore at the beginning of your testimony?"
"Well - this is all good fun for you poofs but I have to get back to work."
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mediation tenant says bye-bye
Hi Guys
As advised, I went to mediation and followed the advice of Essence (thanks so much) The tenant turned up late with her son and proceeded to spew a barrage of lies, unfortunately for them it was not long before they started to contradict each others story.
The mediator called for a break when some of the half truths reached gargantuam proportions. I know that the mediator is totally unbiased,but when he asked me if in my opinion she was mental, I sort of got the feeling he was edging closer to my side of things.
Any way to cut a long story short the fixed term tenancy was terminated when it became apparent to the tenant that the chances of compensation was dimming by the minute.She and her son signed the mediation order much to my surprise. Mediation order also included other goodies.
T/T biased in favour of tenants, not a bit of it !
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Originally posted by chess View PostT/T biased in favour of tenants, not a bit of it !
Good result.
In my experience, the TT is biased in favour of the better argument.
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