Very sticky situation

[Jesse]

Hi Everyone

Have a tenant who is on a fixed term.

Tenant has notified they have left due to an aggravated robbery???

What do you think is the best way to handle this?


Cheers

[halfempty]

They will need to keep paying the rent until another suitable tenant can be found.

[Jesse]

I would like to get the police report to ensure this is actually the case....we have just gone through a situation of resolving arrears...and wonder if this is just an excuse to leave quickly. Has anyone been involved in similar situation and am i able to access this through the police?

[eri]

tell them if they are leaving due to an aggraveted robbery you'll need a copy of the incident report for your paperwork

[Devious0]

The police won't give out the police report and hide behind the privacy act instead. Let your tenants go but they need to pay rent until new tenants found

[Keys]

Is the rent in arrears? Does the property look empty? If so, apply for the bond and rent arrears, apply for possession due to abandonment, apply for $1000 in exemplary damages for leaving the tenancy. Apply for a continuation as you need to possibly clean and repair.

[TheLiberalLeft]

Just for one moment would you hardarses assume that the armed robbery was real, and let's assume the home contained these people and their young children. I don't know if it did, but at the moment neither do you.

Do you still offer the same advice? If so, screw the technicalities of the law and shame on you. This is what gives landlords a bad name amongst the population, reinforced by the press.

[spaceman]

I'm with the pinko ..... find out it the robbery is true or not and if it is show a little compassion and let them leave no strings attached.

Sure it may cost you some money, but your reward will be beyond money.

Cheers
spaceman

[TheLiberalLeft]

Thanks. I think.

[artemis]

If you apply to the Tenancy Tribunal for bond, rent arrears etc, the tenants will have the opportunity to provide evidence of the robbery. Which may, or may not, influence the TT decision of course. You should at least advise Tenancy Services the bond is in dispute, so it is not released to the tenants without review.

[Keys]

we have just gone through a situation of resolving arrears...

Hard nosed here with absolutely no sympathy.

Don't believe a word of the robbery claim unless there is a police report following.

If there is, my position will change accordingly.

[TheLiberalLeft]

And if there is no police report forthcoming, so will mine.

[WGN ex-property manager]

We had a similar situation a while back.

Tenant was being threatened by debt collectors looking for the previous tenant. She bailed and moved back to mum's (can't blame her really).

We did have proof (in the form of the many letters to the previous tenant from "thus 'r' us / we'll get yo money for you".

The thought process went like this:

1. She's already bailed, but otherwise was a good tenant.
2. The rent is still being paid.
3. She / mum agree to pay the rent until a new tenant is found
4. The flat could probably fetch another $20 in rent, so why not chance our arm while someone else is paying for the "vacancy"

So in our case we basically gave the tenant what she wanted.... but made sure our backs where covered first.

[geewhizzed]

Hi Everyone

Have a tenant who is on a fixed term.

Tenant has notified they have left due to an aggravated robbery???

What do you think is the best way to handle this?


Cheers

I had similiar experience in Auckland with tenant claiming they felt 'unsafe' and 'threatened' due to someone trying the door in the middle of the night. The person was on a fixed term and wanted to move out and couldn't/hadn't stayed there again. I said that they had to cover costs until someone else moved in and that if they moved their things out I may be able to get someone in very quickly. Long story but I am taking them to tribunal over a weeks rent owing as once they moved their things(even though they hadnt stayed their for a week and weren't going back) they wanted to end tenancy from that date. wont be so nice in future! i suspect winz scam as they were on winz and had wanted bond back and was interested to know when I had received it, as well as collecting mail and not informing winz they had moved out, therefore still claiming rent subsidies etc

[MarkButThis]

I think I just saw spacey and TLL agree amicably on this thread. I think I also saw TLL and Keys agree and compromise with each other too.

Quick, someone take a screenshot. Could all the PT members be suffering a joint hallucination of reasonableness all in one shot?