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  1. #11
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    Nov 2006
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    Quote Originally Posted by hadenuf View Post
    Been burnt 2 times now and we have been too trusting and we did not initially file 10 day notices straight away as we gave the tenant obviously too many chances and now it has backfired big time. Only selves to blame but have learnt alot from this experience
    A wise man learns and moves on. A fool doesn't and continues with mistake after mistake.

  2. #12
    Join Date
    Jan 2005
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    1,443

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    Quote Originally Posted by hadenuf View Post
    Another question: How come when you state "No Dogs" in the Tenancy Agreement the tenant is allowed their Dog not only at the property but inside??? Called tenancy and they said nothing we could do it is part of her family.
    If your initial agreement states "no dogs/pets", then that means what it says!....IF you want it to.

    BUT!.....personally I have changed my views on this over the years and decide on a case by case scenario. i.e. I might write into the agreement that there will be no pets (...and written with a mutual agreement of the tenant), but turn a 'blind eye' to them having a pet during their tenancy, considering that a lot of other properties have been closed to them because of their pets, but can use this against any bond refund re damage etc

    If you are managing your own properties personally you can allow for different situations personally better than a PM can.

  3. #13
    Join Date
    Jan 2005
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    1,443

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    Quote Originally Posted by Keys View Post
    There are a lot of could have, should have things which could be posted. Unless you have done it yet, do an online application at the tenancy tribunal for termination confirmation and possession. Insist upon bypassing mediation. Get termination and use it with the court bailif. Join TINZ for future checks on tenants. Take four weeks for bond. Issue ten day notices on day one of rent arrears. Apply to the TT on day 4-5 of rent arrears. Count your blessings that you've had just two bad ones. Have you vetted your PM very hard and well?
    I Agree!

  4. #14
    Join Date
    Nov 2006
    Location
    Auckland and Gisborne
    Posts
    32

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    Time to invest in commercial property
    Last edited by revdev; 10-06-2010 at 07:04 AM. Reason: moderation

  5. #15
    Join Date
    Sep 2007
    Location
    Auckland
    Posts
    8,296

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    It's your auction day today isn't it Bruce? Best of luck.

  6. #16
    Join Date
    Jun 2010
    Location
    Masterton
    Posts
    9

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    Update - Tenant seems to have vacted although house is a mess, still stuff in garage and is not replying to calls/texts. Dont know new address and she still has our keys, not responding to doing final inspection. What do we do now??? Can we enter property take pictures, start cleanup and add all expenses to order that I have already lodged?

  7. #17
    Join Date
    Jan 2006
    Location
    Wellington
    Posts
    559

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    Yes that is what you do. Clean up charges can be added onto order from tribunal. Changing the pins in the lock is about $127 in Wellington, possibly a bit less for you.This can be added in as well. Not that you are likely to get any of it back without a lot more work. Tribunal then following up through the court for collections.

    Most important thing now is to get your place cleaned up and get the next tenant in.
    Doug

  8. #18
    Join Date
    Jun 2010
    Location
    Masterton
    Posts
    9

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    Tenancy said had to keep out of property until court hearing or she agrees to return keys and do final inspection.

  9. #19
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    Nov 2006
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    Cyberspace
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    Quote Originally Posted by hadenuf View Post
    the 90 day notice to end tenancy has been and gone but the tenant still there.
    Timing is there.

    Quote Originally Posted by hadenuf
    Update - Tenant seems to have vacted although house is a mess
    Quote Originally Posted by hadenuf
    Tenancy said had to keep out of property until court hearing or she agrees to return keys and do final inspection.
    If she's no longer there, and the 90 days have expired, go in. You have possession. Still go to court for a disposal, cleaning, rent arrears and damage order though.

  10. #20
    Join Date
    Apr 2006
    Posts
    4,018

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    Quote Originally Posted by Keys View Post
    Timing is there.





    If she's no longer there, and the 90 days have expired, go in. You have possession. Still go to court for a disposal, cleaning, rent arrears and damage order though.
    If the tenant is in there after the expiry of the 90 day notice you will need to apply for possession under section 60(2). (This is implied by that section.) One does not legally have possession at the expiry of the 90 notice - all they have is the right to possession.

    I doubt you can bowl on in, as keys suggests.

    I will stand corrected, though, if others know differently.

    Paul.


 

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