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  1. #1
    Join Date
    Jun 2010
    Location
    Masterton
    Posts
    9

    Angry Another BAD tenant

    It has only happened 2 times in 15 years of renting properties but when it does it really tests all of your emotions especially anger! Been ripped by a tenant, is 6 weeks in arrears and the 90 day notice to end tenancy has been and gone but the tenant still there. Now have filed eviction notice so going thru the trauma of dealing with an irate verbally and physically abusive tenant and a legal system that is on side of the tenant.

  2. #2
    Join Date
    Sep 2008
    Posts
    7,658

    Default

    this is when i'm happy to have a property manager

    nothing is personal and so the emotions should be reduced

    the tenant knows the manager/court/baliffs have to do their job and it's pointless asking for special consideration

    and the owner knows it will/should get done as quickly and as efficiently as the law allows
    have you defeated them?
    your demons

  3. #3
    Join Date
    Jun 2010
    Location
    Masterton
    Posts
    9

    Default

    Yes agree about PM and we now have one.

  4. #4
    Join Date
    Oct 2006
    Location
    Auckland
    Posts
    570

    Default

    Oh, but we nasty, greedy property investors have an unfair advantage and we should all put our money into shares!

    It is times like this that tests you, luckily for you it only comes around once every decade.

    FH

  5. #5
    Join Date
    Nov 2006
    Location
    Cyberspace
    Posts
    5,828

    Default

    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?

  6. #6
    Join Date
    Jan 2005
    Posts
    1,443

    Default

    Quote Originally Posted by hadenuf View Post
    It has only happened 2 times in 15 years of renting properties but when it does it really tests all of your emotions especially anger! Been ripped by a tenant, is 6 weeks in arrears and the 90 day notice to end tenancy has been and gone but the tenant still there. Now have filed eviction notice so going thru the trauma of dealing with an irate verbally and physically abusive tenant and a legal system that is on side of the tenant.
    For example,..If you had issued a 10 day notice of rent arrears from the moment the payment wasn't in your account, and followed that up with an application to DBH for a mediation(and you had come to a mutual agreement for arrears payment), then as soon as they were 21 days in arrears you would be able to issue a 48 hour eviction notice for them not complying with the tribunals order.

    Thus your 6 weeks owing would have been minimised through a 4 week bond refund and a court order for outstanding monies.
    Last edited by Perry; 14-06-2010 at 10:13 PM.

  7. #7
    Join Date
    Jun 2010
    Location
    Masterton
    Posts
    9

    Default

    Tnx Keys, yes vetted PM and should be ok. Was going to ask about TINZ so thanks for that, will join although I will check if PM is a member. Have done application for possession and all damages. Bond is 3 weeks + 1 week in advance. She going to WINZ to get them to pay. And in future will definitely file 10day notices from now on.

    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.

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

    Default

    Hi Glen, we initially file 10 day notice for rent arrears when they got behind previously, but before mediation they paid in full. At the time due to all other issues we also filed a 90 day end of tenancy notice, and this is when they stopped paying and we are now 6weeks in arrears. Bond was not paid in full so although I stated above 3 weeks + 1 week in advance they only paid 2.5 weeks and we also filed 10 day notice for that. I know now the should, could and woulds but just letting off steam really and hoping to advise others.

    Thanks everyone the advise really does help
    Last edited by hadenuf; 09-06-2010 at 10:19 PM.

  9. #9
    Join Date
    Nov 2006
    Location
    Cyberspace
    Posts
    5,828

    Default

    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.
    Dogs are almost impossible to police. I have stipulated that no dogs include visiting dogs, babysitting dogs or stray dogs. Immediately issue a 90 day notice "tenancy will terminate on dd/mm/yyyy or earlier by TT order". On my application forms I ask 6 yes/no questions. Each must be answered. One of those is "do you have pets?"

    Answering negative there and subsequently having pets allows me to apply under S 78(g) for termination due to a fraudulent application.

    Ring Tenancy Services again and ask the same question. I'd be surprised if you got a consistent answer.

  10. #10
    Join Date
    Jun 2010
    Location
    Masterton
    Posts
    9

    Default

    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


 

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