Help with tenant giving notice to leave

[Heg]

Hi
One of my tenants has just given 3 weeks notice to quit. No problem.

However, she is not the only person on the agreement. She and her husband are both on there , so are jointly liable.

Problem -he left her some weeks ago (this is why she is moving out now due to not being able to afford the rent) and to my knowledge is not living there BUT can I accept her notice to quit from her alone? Does he have to give notice too? I only ask because he is a very awkward man and I can see trouble ahead if I do not follow procedure to the letter.

Ditto with the bond refund - does he have to sign that too?

Cheers

[Green Fish]

You could approach it on the basis that the wife is the husband's agent. but that might have its problems, as you have already pointed out.

A better approach might be to treat the joint tenancy as having ended on the husband's departure, to be replaced by a sole tenancy, under which the tenant has now given notice. If that's the approach to be taken, then notice from the wife should be OK.

As for the bond, I don't think it's your problem. Assuming that you have no claims against the bond, then you will sign the refund form. That's all you can really do to assist the wife.

[Cassandra]

Heg,

It only requires 1x party to give notice to terminate the tenancy that is in partnership (jointly and severally) You have appropriate notice.

As to the bond refund -ideally -he will have to make himself availble to sign to get opportionment of any refund. Either you or his wife should try to first obtain his signature or-failing that- submit the lodgement form to the bond processing centre once signed by the wife & yourself with contact details of the husband so that the bond processing centre staff can attempt to contact him to verify the refund.

The later will cause delays - as the bond centre may refund the bond with only yours and the signature of 1x tenant party, but only after a standby period of 2 weeks once they are fully satisfied with thier attempts to locate the other party to verify the refund. The bond centre will - using the contact details provided - phone and/or write to the other party to advise them of the refund request.

If there are bond deductions for LL costs (ie rent arrears, damages) and there is any possibility of tenant dispute for these costs the bond centre will not make the refund and you will be instucted to make a TT application for an TT order on the bond allocation.

[Green Fish]

Can't see any support for this in the Residential Tenancies Act.

But if this is the way things are done at Tenancy Services, then go for it.

[Heg]

Can't see any support for this in the Residential Tenancies Act.

But if this is the way things are done at Tenancy Services, then go for it.

No nor me... Think I will be calling tenancy services on Monday to clarify. Will post back to let you know what they say.

[Cassandra]

Hi Heg & Greenfish

Refer partnership law:
ie The terms of a partnership are usually set out in the partnership agreement. If
there is no such agreement, which is common for husband and wife partnerships,
the partnership is then governed by the Partnership Act 1908

Jointly and severally, which means that any one appointed can act or sign documents together or alone

[Green Fish]

Don't like it:

http://www.legislation.govt.nz/act/public/1908/0139/latest/DLM172702.html

Heg knows that they have split up.

[Cassandra]

Heg....don't concern yourself with definition of a partnership- the crux is JOINTLY AND SEVERALLY (you can also refer partnership act section 15 Joint and several liability.Every partner is liable jointly with his co-partners and also severally for everything for which the firm, while he is a partner therein)

ie ONE or BOTH can give notice.

btw.I make a notation that the signatories are "jointly & severally" responsibile on the signature lines on my Tenancy Agreements to make this clear. I looked at a DBH Tenancy Agreement which doesnt show this on the signatories box.

[Green Fish]

Oh deary me:

Cassnandra: You were the one who cited the Partnership Act. And now you say it doesn't matter.

"Joint and several liability" means that each partner is liable for the whole of the debt. It has nothing to do with the ability to give notice.

[Cassandra]

I was trying to explain that joint & several partnership responsibilty it is not outlined in the RTA because it reflects partnership law in general- but you were sidetracked by the definition of the partnership. I reiterate that the crux of the matter is JOINTLY & SEVERALLY- TOGETHER or ALONE as parties who have signed a tenancy agreement in partnership! So as tenants in partnership who have both signed the Tenancy Agreement - in partnership jointly & severally- then either one or both of these parties can give notice to terminate that agreement

I have used this to my advantage a couple of times with group of tenants of 3-4 in a flat-share by encouargiang 1x to give written notice which then disbands the whole tenancy. On ocacssion one of the tenant parties who may have wanted to stay has phoned the DBH to protest and has been informed that i was within my rights as due notice had been recieved by one party of the partnership

This also is an advantage for tenancy debt-if one of the parties cannot be traced - or for any other reason- ie the one party with income vs the one without- then a LL can enforce the debt with collection processes against any one of the parties ie 1x examination order/attachment order rather than 2x $90 applications for examination orders for both parties

[Glenn]

Forget the law about the bond.
If you like the lady and want her to get her bond this is the way to do it.
Get her to sign the bond for the landlord to get the lot.
After it comes put it into her bank.
If the lady only signs for the money to go to her then the bond centre will not pay out. She then gets caught. She can get a declaration and all that but many people just give up at that stage.
It is a stange interpretation that lets just one tenant sign to let the landlord get some money but it needs two tenants to sign to send the money to them.

[Heg]

Great idea. Thanks Glenn.

[Heg]

Heg,

It only requires 1x party to give notice to terminate the tenancy that is in partnership (jointly and severally) You have appropriate notice.

As to the bond refund -ideally -he will have to make himself availble to sign to get opportionment of any refund. Either you or his wife should try to first obtain his signature or-failing that- submit the lodgement form to the bond processing centre once signed by the wife & yourself with contact details of the husband so that the bond processing centre staff can attempt to contact him to verify the refund.

The later will cause delays - as the bond centre may refund the bond with only yours and the signature of 1x tenant party, but only after a standby period of 2 weeks once they are fully satisfied with thier attempts to locate the other party to verify the refund. The bond centre will - using the contact details provided - phone and/or write to the other party to advise them of the refund request.

If there are bond deductions for LL costs (ie rent arrears, damages) and there is any possibility of tenant dispute for these costs the bond centre will not make the refund and you will be instucted to make a TT application for an TT order on the bond allocation.

Spot on advice Just clarified it all with tenancy services. Thanks for your time.

[Cassandra]

:-) Thanks Heg. I hope the tenancy ends without any problem or fuss and that you get a new good tenant very soon