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  1. #1
    Join Date
    Mar 2008
    Location
    Auckland
    Posts
    122

    Default Eviction under section 55

    Tenancy agreement says rent due thursday, tenant pays Thursday but shows in my account Friday, normally. So last week rent doesn't show in my account until following Tuesday, tried to reach the tenant on several occasions, phone switched off. Tenant makes no attempt to contact me. So make an application to TT on Monday, then rent shows in my account Tuesday.

    TT says I can still proceed with my application as at time of application (Mon) they were more than 21 days in arrears. Am still proceeding but in the mean time tenant pays next rent payment on time.

    I have issued a ten day notice in the past and had trouble with this tenant so am applying for eviction this time. What are my chances?

  2. #2
    Join Date
    Nov 2006
    Location
    Cyberspace
    Posts
    5,754

    Default

    You "do" want them gone?

    How many 10 day notices have you issued?

    They need to miss four (4) weekly rent payments to be three (3) weeks in arrears. Assuming rent is paid in advance.

    Monday was a public holiday. Think this has anything to do with it?

    "On the day of application"

    Are they periodic? Did you increase the rent less than 120 days ago?

    If they are, and you didn't.

    Send a note that the rent is to increase (by lots) and a 90 day termination letter "or earlier by Tenancy Tribunal Order".

    Gives them some incentive.

  3. #3
    Join Date
    Mar 2008
    Location
    Auckland
    Posts
    122

    Default

    Two 10 day notices have been issued. One was by a representative on my behalf. I did not follow up with TT application, because I was unaware this needed to be done. Second letter was followed up, however because I counted up weekend days in the letter and put the wrong date on it as to when the 10 days was up, TT dismissed the letter.

    Yes I want them gone, with this missed payment, that equates to 3 missed payments since July which they are still paying off at $30 extra a week.

    Monday 2nd of November was not a public holiday as far as I know.

    They are periodic, no I have not increased the rent, but will do so now. Thanks for that advice.

  4. #4
    Join Date
    Nov 2006
    Location
    Cyberspace
    Posts
    5,754

    Default

    Quote Originally Posted by hele27 View Post
    Yes I want them gone, with this missed payment, that equates to 3 missed payments since July which they are still paying off at $30 extra a week.
    ........................

    They are periodic, no I have not increased the rent, but will do so now. Thanks for that advice.
    For example. On a weekly amount of $210 per week ($30/day) they need to be $840 behind before S55 is available to you "at the date on which the application was filed". That's three weeks in arrears and one week in advance.

    You say that they are repaying at $30 per week. This comes off the amount owed and reduces the ability to use S55. You have to wait until it is $840 (for this example).

    With the rent increase, make sure it's periodic and you adhere to service provisions (S136) and time frames (180 days from start of tenancy or last increase).


 

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