Want to break your fixed term tenancy with Glenn?

[Glenn]

I had two young men as tenants in common sign up for 12 months. They had a couple of flat mates also. They fell out or something and the parents tried to negotiate their greatly loved sons out of the lease. One went home and the other stayed on but stopped paying. The parents thought I would file for eviction. I left the lease running and sought a new tenant. Once I had found one the remaining occupant left peacably. During the marketing period the parents really got plenty of practice emailing me and trying all sorts of angles. Now my fixed term tenancies are special. Ha Ha. I have a clause in them that says the letting fee of one weeks rent is discounted to zero if the lease runs for over 12 months. If they break it then a whole weeks rent must be paid. This gives me a fighting advantage before the battle commences. My claim was for all advertising in both the newspaper and Trademe. Credit checks on all prospects, all the rent missed until the new tenancy commenced and the usual extras like a bit of cleaning, repairs, water and so forth. Total claim was around $4000. I got pretty well all of that except for the cost of a window repair for some reason. The parents who are good people probably figured I would come asking for my money so there was no where to hide. Not the way to make people love you but it brings in the money.

[Wayne]

I feel I am a good person but you wouldn't get the money from me - try the tenant.

[Glenn]

I feel I am a good person but you wouldn't get the money from me - try the tenant.

Good parents always do their best for their children.
That is a natural law across all cultures.
What sort of parent would want their children to have a debt shown on their credit report.
This would influence everything from credit requests to employment.

[Wayne]

I expected that was the point you would make. The other side is that the children (young and not so young adults) have to learn, and learn early, to pay their own way and be responsible for their own actions.

[Keys]

Had a 21 yr old go away in tears when I told her to move out of the city. 16 credit checks, defaults etc.

[Glenn]

Had a 21 yr old go away in tears when I told her to move out of the city. 16 credit checks, defaults etc.

I tell them to head to Christchurch.
Lots of caring loving landlords and property managers down there who do not do credit checks.

[NIK]

Thanks Glenn. Will see if our adjudicator is as kind and generous here....

[NIK]

So just been to tt re my runnaway ftt tenant...different adjudicator and very different experience and outcome. She was fab! Niw I claimed 1000 exemplary damages too got 500 awarded....
Not that I am likely to ever see that or rest of the $$$$....watch out chch my tenant is somewhere there....good luck...oh and he also has a dog
Thanks everyone for your wise words.
I thought we were covered by our ll insurance just dropped the tt order to thrm they tang back that I do not have that one extra cover option...weird I have everything else never even notice there was just one left out.....bugger...

[Wayne]

you are always missing th one you need with Insurance. Slippery buggars

[Keys]

Now my fixed term tenancies are special. Ha Ha. I have a clause in them that says the letting fee of one weeks rent is discounted to zero if the lease runs for over 12 months. If they break it then a whole weeks rent must be paid. This gives me a fighting advantage before the battle commences.

Just curious. The TT has ruled on this clause? What about the RTA?

[Glenn]

Just curious. The TT has ruled on this clause? What about the RTA?

yes I had a very nice chat with both of the adjudicators.
One even suggested a fine tuning of the wording.
Interesting as it may seem the tenants signing up have all universally though it was a good clause.
Nothing like offering a discount for something they were not actually expecting to pay.
The view of tenants is always that they want to stay long term.
For those who say they want short term then they just pay up front.

[Perry]

I suppose a 'letting fee' is not part of the rent,
as s 32 generally has it. Intriguing, nonetheless.

[Keys]

I suppose a 'letting fee' is not part of the rent,
as s 32 generally has it. Intriguing, nonetheless.

a sum specified in the agreement by way of damages or penalty

This bit has me questioning.

[Perry]

Yeah, I wondered about that. I suppose the stance is that it is
a waiver (or not) of an agreed (normal, accepted) fee or charge.
If so, it doesn't fit the "damages or penalty" definition.

[Keys]

MMMmmmm. Rent is a normally accepted fee or charge. You can't waiver an agreed amount of rent if the tenant (for example) kept the place very tidy.