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  1. #1

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

    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?
    Last edited by beachy; 17-01-2010 at 10:43 PM. Reason: spelling error

  2. #2
    Join Date
    Oct 2007
    Posts
    174

    Default

    Quote Originally Posted by beachy View Post
    On moving in day
    Quote Originally Posted by beachy View Post
    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?

  3. #3
    Join Date
    Nov 2006
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    Cyberspace
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    5,761

    Default

    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)

  4. #4
    Join Date
    Apr 2006
    Posts
    4,018

    Default

    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.

  5. #5
    Join Date
    Nov 2006
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    Quote Originally Posted by SuperDad View Post
    ...........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.

  6. #6

    Default

    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.

  7. #7
    Join Date
    Jan 2005
    Location
    Turkey/NZ
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    1,821

    Default

    Quote Originally Posted by beachy View Post
    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...

  8. #8
    Join Date
    Apr 2006
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    4,018

    Default

    beachy,

    Have you signed the tenancy agreement yet?

    Paul.

  9. #9
    Join Date
    Jun 2005
    Location
    Nelson NZ
    Posts
    3,863

    Default

    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.

  10. #10

    Default

    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.


 

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