what to do when unhappy tenants wont let you show the place to prospective new tenant

[stevethepainter]

The tribunal says they have to let you show the place,but what if they refuse or use excuses.....Suggestions?

[Perry]

Is this the mould person/people, Steve?

There's another angle to consider. It's
happened to me, once. If the existing
tenant is belligerent and unco-operative,
it's a 'bad look' in the eyes of prospects.

They can think you're a 'problem LL' as
a result of the tenants behaviour.
Give up, bite the bullet, wait till it's
empty, then do the necessary cleaning
quick-smart and have your adverts
dated so that you can be showing
prospects around a nice, clean,
empty place, the very next day.

Other options might include a return
to the TT. Perhaps a possession order?
Or seek an award of damages for
an unlawful act / contempt?

As I recall, the act of obstructing
a LL showing prospects around can
result in damages being awarded
against the obstructing tenant. The
way the Tenancy kangaroo kourts
work, it's unlikely there would be
any wet-bus-ticket threat / order
made against the tenant, but you
might spook the difficult tenant by
showing them the relevant parts of
the Act.

s48 3) For the purpose of showing the premises to prospective tenants or to prospective purchasers, or to a registered valuer engaged in the preparation of a report, the landlord may, with the prior consent of the tenant (which shall not be unreasonably withheld) and subject to such reasonable conditions as the tenant may attach to that consent, enter the premises at any reasonable time.

(4) The following are each hereby declared to be unlawful acts:

(b) Failure by the tenant, without reasonable excuse, to allow the landlord to enter upon the premises in any circumstances in which the landlord is entitled to enter under subsection (2) or subsection (3) of this section.

This is the $$$ section

s109 Unlawful acts
4) The maximum amount that a person may be ordered to pay under this section shall be as follows:
(c) In the case of any unlawful act to which section 48(4) of this Act refers, $750:

S'funny - I thought is was (once?) $1k.
Doubtless some of the other PMs will
have further suggestions, if they're
so inclined.

Good luck.
.

[stevethepainter]

Thanx Perry
Sounds like good advice.Im trying to plan ahead cause things are looking shakey ATM.
Yes its the mold issue[or should I say traces of mold issue]
As a painter ive cleaned cielings that were black with mold which is why its hard to understand how so little mold could make people sick as they claim,..theyve clammed up on HRV neg. and were pretty negative in thier last email so Im prepareing for the worst and hopeing for the best...cheers

[Cassandra]

Perry is right- although it is an unlawful act for a tenant to be obstructive- a belligerent tenant in residence does have bad vibe when showing prospective tenants the property.

I had a tenant give notice last year a month or so after a mediation and thereafter a contentious tribunal hearing. Funny thing was - she turned out over the top sweetness and charm after not succeeding in her claim for compensation-(although she still had a hostile relative and friend that were eager to goad her and create hostility) I avoided advertising until she vacated as i didn't want her saying anything negative about me or the property, having further conflict with her or her extended family or dealing with any bad karma. Had a longer than typical vacancy - but have a lovely family moved in
over the winter months - without any complaints of the property being "too cold- too damp" for them

[Bluekiwi]

You have a key, I dont see what the problem is.

Write to them the week before telling them when you will be visiting.

[Bulldog]

I generally pre arrange viewing times, 2 midweek say betwen 1 & 2 (when tenants working) & 1 on a Saturday between 2 & 3. If tenant objects I usually accommodate them by suggesting an alternate time. So far no hassles though I did have a tenant who gave me notice one Saturday morning about 8 whilst I was still in bed. Then rang back 2 hours later to say the flat she signed up for was taken by someone else. That was 2 weeks ago & as she's a good tenant, I said I won't hold her to the notice.

I do think this is indicative of good places being in short supply in Auckland. Advertised a 2 BR unit in Ellerslie on a Monday on Trademe, "open home" Tuesday evening, has 14 prospective tenants. New tenant is a professional single mum with a 12 yr. old daughter, almost cried with relief when I agreed to rent to her.

[stevethepainter]

This is a bigger than average place in Pt, Chev.and the rent hasnt been raised since they came 2 yrs ago, so mayby we shouldnt be to concerned about the transition if it arises.
Whether to try to get people through while they are there or to wait...I guess the jurys out on that one ATM.
We would however have to make that decision in advance as Ive found that with Trade me
we normally get a major flurry at the start,and then it tapers off[mayby most feel its already as good as gone if its any good after 5-6 days.
Thanx for feedback and any other input well appreciated.

[TomW]

Call police