tenant appears with partner on home detention can i refuse them tenancy?

[beachy]

This is my first rental. The respectable looking lady provided good references, is the manager of a large shop, and had been in the last property for years, she checked out clean with bay corp & another tenancy black list my mother in law uses . On moving in day she pitches up with and heavily tattooed guy. I later spot an anklet on him.it appears to be home detention we still live in the same suburb as our rental and don't want scum bags in our community let alone in our house, burdening the neighbouring properties with there very presence We have not signed any agreement yet can i stipulate no home detainee's on the rental agreement?
What should I do?

[Dunning]

On moving in day

We have not signed any agreement yet

You are in a pickle as they have moved in before signing anything. You should always always always have something signed before handing over the keys. ALWAYS.

As to what you can do, your options are limited as the tenant has moved in. Do you know that he is on home detention? Do you know why? Are you judging a book by it's cover? I don't think you can discriminate against people due to being on home detention.

Your post implies that you are emotionally attached to this property. You need to remember that this is a business transaction between you and the tenant. How do you see this person burdening the neighbors properties?

[Keys]

Sign them to a periodic and issue a 90 day notice to terminate at the same time. Did you tell them they would be on a Fixed Term?

If so, sign them to a 60 day Fixed Term.

Got rent in advance and bond?

Use a PM in future? (open to problems in its own right though)

[SuperDad]

Don't put her (not them!!!) on a periodic tenancy. Put her on a 1 mth FTT. Tell here this is your standard operating proceedure.

Sign her up. Name her as the sole adult occupant. In the "additional clauses" section, write "Maximum of one adult occupant as named above". If she protests, tell her that you do not put people into a property for whom you have not done a full background check.

Phone you local courts parole office (I forget the correct name) and ask them about the rules surrounding homeD. I had a tenant apply once who was going to be on homeD (repeat drink driving) - she had not yet been sentenced. I knew the parents, and so as a favour I entertained the idea. I met with her paroile officer - at least, I think that was the title - it was someone within the Dept of Corrections. I found out that she had to have the consent of all other people living at the property if she was going to be on homeD. From memory, my consent as owner was also needed because the monitoring equipment would be set up there.

Make the call to you local Corrections Dept. your first call today.

[Keys]

...........I found out that she had to have the consent of all other people living at the property if she was going to be on homeD. From memory, my consent as owner was also needed because the monitoring equipment would be set up there.

Make the call to you local Corrections Dept. your first call today.

A good wee gem of information.

[beachy]

I have phoned the min of justice and the parole service none would entertain any level of inquiry about this person and they both informed me I had zero say in the matter as to whether they placed someone at my rental for homeD. Why the heck don't they put them in a government owned state house? They won't tell you who the person is and you have no say if they live in your property or not. they only need the consent of their co-inhabitors.

[revdev]

They both informed me I had zero say in the matter as to whether they placed someone at my rental for homeD.

Really? These people need a good dose of reality...as suggested above, either;

(1) If periodic, issue a 90 day notice to terminate the day they move in, or
(2) A 1 month FTT (which won't be renewed, and they can be asked to leave the minute this expires, no notice period required)

Give no reasons what-so-ever. "Zero say" my @ss...

[SuperDad]

beachy,

Have you signed the tenancy agreement yet?

Paul.

[Glenn]

For goodness sake.
What are you guys on about.
What is wrong with taking money off a person on HD.
Sure I have had some problems with tenants on HD but generally for the most part they are actually better than a lot of other tenants who are not on HD.
If you want to be property investor just worry about the rent money and if the property is going to be looked after.
Sure the nice lady has bad taste but surely the landlord is not responsible for the actions of his tenants.
Just a thought to make you all want to debate me to death.

[beachy]

Superdad I've signed them up to a periodic and will go in the morning to give 90 days notice.
Glenn get real mate. landlord, business man, community member,it doesn't matter from which view point i look at it, home detainees should not be my problem they should be in jail. They shouldn't be my problem due to government cost cutting and statistic tweaking If no-one rents to them they have to go inside where they should be. Do you fancy having a Drug house in your street ? I thought not.

[Glenn]

Each to their own.

Today one of my lovely Vietnamese tenants rang. His son has been given jail for Paua poaching and his daughter in law home detention.
She needed a house close to family and I was happy to oblige. (front page news in the local newspaper)
How on earth would a Vietnamese lady and her young daughter lower the standards and be a threat to anyone. They certainly do not use drugs.
I was struggling to find a good tenant for this house. Not too sure why because there are not many properties available at the moment. Perhaps it was the lack of flat land and no outdoor living space. The owner and I wanted a family and not a group. This house will be ideal for her. It is neat and tidy, safe for her child and very close to the shops for when she is allowed out to collect her groceries.
My tenants suffered the same fate last year. He was given jail and she home detention. They look after the house, cause no disturbance to the neighbours and pay the rent.
Other people collect and sell millions of dollars worth of paua but do it legally because the have been given quota or purchased it off someone else who was given it.
Does this make me a bad gready citizen for housing a person who has broken our strange laws.

Come on forumites. Hound me for provocative non PC ideas.

[revdev]

As you say Glenn, each to there own. However, my post was more in reference to the high handed attitude shown by the authorities..."we'll put them where we like and there is nowt you can do about it".

If a LL, such as beachy, doesn't care for a tenant on HD, then, unfortunately for the MoJ, there is plenty a LL can do about it.

[Glenn]

As you say Glenn, each to there own. However, my post was more in reference to the high handed attitude shown by the authorities..."we'll put them where we like and there is nowt you can do about it".

If a LL, such as beachy, doesn't care for a tenant on HD, then, unfortunately for the MoJ, there is plenty a LL can do about it.

Well actually that is not 100% correct.
I have declined some tenants for HD. (well actually quiet a few and fairly recently at that) I considered that they would not be good for the property. My views have always been accepted by the police and MOJ.
Perhaps I have earnt that possition though because I will often house their people be it from the sex offenders unit or ex prison. They have learnt that if they mess with me I will retailiate.

[Glenn]

I just learnt something about all this stuff.
There are two types.
One called home detention and the other
Electronic bail.

HD is related to the court imposed sentance.
EB is before the case to replace remand.

EB is organised by the police
HD by the corrections (probation)

Apparently now all EB and HD proposals have to be approved by housing NZ before putting them in a HNZ property. Private landlords do not normally get consulted.
However the staff organising them are required to ask the tenant if there is a clause in the tenancy agreement forbidding HD.
If there is this clause before the authorities dump another of their unwanted ones without paying they are required to consult the landlord.

So fellow landlords.
Guess what I did today, I just changed my standard list of conditions for all new tenancies. They now all have that clause in it.
So when the smooth talking authoritive person rings to ask my permission / try and tell me it is all going to happen I am forwarned and prepared for them. I have been very successful in extracting heaps of extra money from WINZ when probation is in a bind for new HD's.
One more prisioner in my flat. Sure it will cost you another $50 per week.
WINZ will pay it or you can pop your prisioner in the first Chubb bus heading for Christchurch.
Bring em on boys.
Let the games begin.

[Keys]

.......... Sure it will cost you another $50 per week.
WINZ will pay it or you can pop your prisioner in the first Chubb bus heading for Christchurch.
Bring em on boys.
Let the games begin.

Since I'm in Christchurch I thank you for the heads up. Just put that into my standard clauses.

BTW. As a result of a discussion I've had off line.

For my PM authorities I need a clause inserted to protect me when an owner drops me in it with a contaminated property to manage.

Something like:

Has this property, to the best of your knowledge, ever been used for the manufacture and/or social use of Class "C" drugs

YES/NO

(is that the correct class for "P"?)

You agree to inform the Property Manager, in writing, no less than 14 days following your receipt of information which changes the answer you gave above


How does that sound to you lot?