Want to break your fixed term tenancy with Glenn?

[Glenn]

Well the above situation sounds just like what we have been through.
Had the TT last week, was granted immediate possession (but on top of stopping the rent payments the tenant also did a runner..) but was advised I can come back and claim the rent up till the property is re-let.
I was also awarded exemplary damages - $ 500 (thank you Keys). Of course gettting this money is another matter.
But you stand a good chance because the rent is in arrears - that was the key point the adjudicator noted that in cases of FTT when the tenant wants to break the lease a strong message needs to be sent if the rent is in arrears. You can also claim the cost of re-letting, so advertising costs, travel costs, credit check costs, or cost of pm fees....plus rent up until the property is re let.
I issued a 14 day notice when rent was in arrears and also applied to TT immediately (still took over 6 weeks to get hearing and that was under 'urgency').
The tenant's liability for rent did not end with being granted immediate possession, but the order only awarded the $ up to that date + instruction to come back once the property is re-let and the 'outstanding' amount of rent is known.

Yes you are 100% correct and sometimes I have been successful in being granted all those things. Then hello the next case it works against me. What I am doing is to not let the adjudicator make up the story and flip flop the rullings. Bearing in mind I am in a small town with one main adjudicator and a second one who fills in. They both have different views on repossessions so I never know for sure what way they will jump.
The rules and taking possession of any property is confusing. I have not normally been very successful in having much if anything awarded to me for abandonment. I even struggle with getting the three weeks for abandoning a periodic that the act provides for.
So I use the system and push the facts to line up with reality. Obviously I always tell the truth and do not knowingly break the law but with the various options and permutations you want to win more times than lose.

[glamourpuss]

Thanks for the advice - will keep the clock ticking while I line up a new tenant, then off to the TT if she doesn't keep her end of the bargin - will keep this thread updated on the result - will be interesting to see the variations given by different TT's.

It must get easier the more of these you do I guess - but having to make an effort to keep a sense of humour and enjoy the sport.... hats off to you Glenn for dealing with this on a regular basis.

[Glenn]

It must get easier the more of these you do I guess - but having to make an effort to keep a sense of humour and enjoy the sport.....

Yes you are onto it. Got to keep a sense of humor and oh yes do not forget I am trying to make some money and keep my clients happy.
Yes it is sort of easier. At least I do no get upset with the various idiotic non law conforming rulings that spew out of the courts.
Some times the correct way of doing things is not the most cost effective way. The law has given us several options and what I am suggesting is the surest way to ensure maximum cash return. This of course is all a game of pocker and catching your prey after the court case and extracting the money is a whole different story.
Landlords need to factor that risk into their budgets. It can take many years to make some debtors pay.

[Keys]

..... and catching your prey after the court case and extracting the money is a whole different story.
Landlords need to factor that risk into their budgets. It can take many years to make some debtors pay.

Which is why the NZPIA needs to make submissions on the Privacy Act review. Court awarded creditors need to have authority to find absconding debtors.

[glamourpuss]

Just a bit of closure on my tenant who left her 12 month fixed term tenancy after 3 weeks to follow her heart.

I had her sign a form before she left town that laid out the conditions to be fulfuilled to allow the tenancy to terminate - they were that a replacement tenant was found by me, costs associated with me finding the replacement tenant are to be reimbursed, property left in condition suitable to let to a new tenant, the tenancy is automatically terminated on the day that the new replacement tenancy begins (didn't want to end up with two agreements if I couldn't locate her when the new tenant was ready to begin) and the tenant provided a new address for service including an email address. She happily signed this, advised me in writing that I had her permission to enter the house to show prospective tenants and tidy things up then dissappeared and paid no further rent.

In the meantime I advertised for prospective tenants, the response was lukewarm so I took the oppourtunity while the house was vacant to tart the place up (total interior repaint, new curtains, resurfaced the bath, new lino in bathroom, fitted a vented dryer - was a very busy fortnight!). I continued to advise her when I was entering the property etc via the email address as per Glenn's advice and treating her as a tenant. She never responded to any of my emails or texts. With the house looking the best she has in ages she hooked a nice new tenant.
So with work done, new tenant and still within the 2 months I got ready to make the TT application to chase up my money only to get an email from a friend of my absconding tenant offering to cover her arrears. Of course I accepted this generous offer and waited for the cheque to clear - which to my surprise it did!

The wayward tenant then made contact with me to get her bond refund - I took the costs to change the tenancy out of that with no arguement and everyone ended up happy....well I am anyway, I hear the boyfriend she moved in with was a pig and they are no longer together.

Thanks to everyone for their advice and comments. Helped me a lot.

[eri]

sounds like you acted professionally all the way through

and got a professional result

cheers to you

[Glenn]

Just a bit of closure on my tenant who left her 12 month fixed term tenancy after 3 weeks to follow her heart.

.

Fantastic outcome.
That is one of the best stories I have read for ages on PT.
Far better for landlords to share the good outcomes with the detailed ins and outs of how you have done it than like so many stories that appear full of gripes and groans.

[Perry]

. . . everyone ended up happy . . .well I am anyway.
I hear the boyfriend she moved in with was a pig and
they are no longer together.

How's that line go about poetic justice?

[Keys]

Yes the two month devil.
As they say the devil is in the detail.
I have had one application thrown out due to being over two months. I have DBH talking at Nelson PIA on the 10 April. That is one of the questions I have asked them to comment on.
My spies in the castle tell me that they have an answer that will parry my sabre thrust. (anyone who can figure out what that statement means is welcome to attend to see if they can untie the mythological knot)
My case was one of those that we just had to write off the debt. We were trying to grab the bond that got left behind. Now the gubby government has it for themselves instead of the greedy landlords. My solution in such disappointing outcomes is to go out there and take the money off some other innocent tenant as a general warning to others!
Just kidding folks!!
There are far to many landlords who get stuck on failure number one and never move on to make a killing at the next case.

How did the meeting go Glenn?

And the question put to the DBH?

[Glenn]

How did the meeting go Glenn?

And the question put to the DBH?

We had a large attendance
But I thought the answers they gave were disappointing.
Well obviously they could not turn the clock back and give me my money that is now tied up in the government coffers.
"Justice" was slightly adjusted later by firstly evicting her relation with the same surname and then tracking that person down and managing to get an attachment order against her benefit. Another family member has been paying off his debt from several years ago. It took me about 5 years to track him down and get an attachment order on his benefit. The whole family has a habbit of not paying landlords.

On the wider question of addressing the issues I asked them to explain at the meeting. I do notice some changes are gradually being introduced. I am sure my feed back (along with lots from other property managers) is having some influence.
We have some way to go but the pendulum is swinging back. Just remember when the big heavy weight is heading your way to not be collected by it as is flies by.