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  1. #1
    Join Date
    Oct 2007
    Posts
    322

    Default How quick to get tenant to leave at tenancy tribunal

    What time frame do landlords get once you have gone to TT for 21 days in arrears? Damage to property etc.

    Our last case the judge put 2 weeks until tenant had to move out. Can you get immediate possession? Who chooses the time etc?

    All comments appreciated.

  2. #2
    Join Date
    Nov 2008
    Location
    Karratha WA
    Posts
    1,444

    Default

    It's the adjudicator's decision. A friend of mine got a 48 hour order. Often they make it longer if children are involved, and depending on who they feel most sympathetic towards.

    I think if you really pushed the point that you were worried it might help, but waiting until arrears were 21 days may be taken to show a lack of motivation on your part, and go against you as far as getting them out quickly now.

    Beg a bit, look poor, desperate and worried. Good luck.

  3. #3
    Join Date
    Mar 2007
    Location
    Auckland
    Posts
    215

    Default

    After 21 days arrears the Tenant virtually loses all their rights, you can get a hearing usually within 2 days and get rid of the tenant almost immediately.
    Hopefully though you have already issued a 10 day letter etc. This will help your cause, along with any other documentation, receipts/photos etc for damage

    Puff
    www.asl.net.nz

  4. #4
    Join Date
    Aug 2008
    Location
    Brisbane
    Posts
    330

    Default

    Hi Mark, my tenants are a week behind with rent, im issuing them with a 10 notice to rememdy the rent arrears, then go apply to the TT, i havent done this before so not sure how i apply to the TT to have tenants removed. Im guessing their is a form on the DBH that i can fill out and send off.

    Im sure i can also get the bond back straight away after 21 days to cover the missed rental payments.

  5. #5
    Join Date
    Nov 2008
    Location
    Karratha WA
    Posts
    1,444

    Default

    Apply to the tribunal today.

  6. #6
    Join Date
    Mar 2007
    Location
    Auckland
    Posts
    215

    Default

    Go to https://secure.dbh.govt.nz/TenancyTribunal/ and scroll down and click on Register, will only ever have to do this once.

    After that go thru the process on the same page to lodge, it will cost you $20 but well worth it.

    You should have sent a 10 day letter almost straight away as you have to wait until those 10 (working) days to go before you can lodge with Tenancy.
    If 21 days arrears comes up first you can then lodge immediately and you will get a hearing within a couple days.
    First rule is send 10 day letter within 2 days of arrears, then it is recorded.
    Cheers

    Mark
    www.asl.net.nz

  7. #7
    Join Date
    Nov 2006
    Location
    Cyberspace
    Posts
    5,756

    Default

    Quote Originally Posted by Puff View Post
    You should have sent a 10 day letter almost straight away as you have to wait until those 10 (working) days to go before you can lodge with Tenancy.
    Nope, no need to wait. Send the 10 day letter today and lodge the application today.


    Quote Originally Posted by Clark Kent
    Hi Mark, my tenants are a week behind with rent, im issuing them with a 10 notice to rememdy the rent arrears, then go apply to the TT, i havent done this before so not sure how i apply to the TT to have tenants removed. Im guessing their is a form on the DBH that i can fill out and send off.
    Yes there is.

    Quote Originally Posted by Clark Kent
    Im sure i can also get the bond back straight away after 21 days to cover the missed rental payments.
    How many weeks bond do you have? You're assuming the system will be quick enough to get them out before they are more than 21 days in arrears.

    You have mail.
    Last edited by Keys; 17-07-2009 at 04:10 PM. Reason: Spelling (scheesh!)

  8. #8
    Join Date
    Aug 2008
    Location
    Brisbane
    Posts
    330

    Default

    I have three weeks bond, handing the tenant a 10 day notice of arrears today. 21 days rent will be overdue next Friday, if nothing has been sorted i will apply to have tenancy terminated immediately. Apart from not giving the 10 day notice of arrears i have also taking swift action to sort things out, usually a phone call to the tenant when rent is a day late, some of the excuses as to why rent wasnt paid were absolute bollocks, i think im a good landlord and i expect the same respect from the tenant when it comes to paying rent. If not then they are down the road. Zero tolerance to rent arrears.

  9. #9
    Join Date
    Nov 2006
    Location
    Cyberspace
    Posts
    5,756

    Default

    Quote Originally Posted by Clark Kent View Post
    I have three weeks bond, handing the tenant a 10 day notice of arrears today. 21 days rent will be overdue next Friday, if nothing has been sorted i will apply to have tenancy terminated immediately.
    So, you're saying that the fourth rent payment will have been missed next Friday? Or do you collect rent an arrears instead of in advance?

  10. #10
    Join Date
    Aug 2008
    Location
    Brisbane
    Posts
    330

    Default

    The third rent payment will be missed next Friday, they paid me on the 9th of July, but didnt pay on the 2nd of July. I arranged for the debt to be added to rent to pay if off. They failed to put in anything overnight and nex tThursday night will be 3 missed payments (21 days) so im coming down on them like a ton of bricks. Their is no excuses that 4 people cant afford $65 each a week. They are all young fit and able.


 

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