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  1. #1
    Join Date
    Jun 2004
    Location
    Kapiti
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    621

    Smile Former tenancy agreements

    Just a quick question (& I know it's a little strange), but are we obliged to keep former tenancy agreements for any length of time?

    Some former tenants are under investigation by the MSD, & they want to view the old tenancy agreement from three years ago.

    Thanks

  2. #2
    Join Date
    Nov 2006
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    Default

    Refuse. Cite the Privacy Act.

    When they get permission off of the tenant. Charge them an administration fee.

  3. #3
    Join Date
    Jun 2004
    Location
    Kapiti
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    621

    Default

    Last edited by Hound; 29-03-2013 at 11:51 PM.

  4. #4
    Join Date
    Nov 2006
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    Default

    Well, there ya go then. As for holding the TA's? I suspect that the Privacy Act requires you to destroy them after 12 months following the termination of the tenancy (the time frame a tenant can claim). I am certain that the collection and holding of personal information (EG TA's) is only necessary for the duration of the need of that information. I have not yet seen any legislation where a landlord is required to keep them. We go through our folders periodocally and shred them.

  5. #5
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  6. #6
    Join Date
    Jan 2004
    Location
    Whangarei
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    5,867

    Default

    I've had these requests a few times and normally keep old agreements so I'm happy to help them.

  7. #7

    Default

    Quote Originally Posted by drelly View Post
    I've had these requests a few times and normally keep old agreements so I'm happy to help them.
    Well done.

  8. #8
    Join Date
    Nov 2011
    Posts
    445

    Default

    I usually keep all my leases documents for many years. I am just this way: always keep important documents. But I do not think we (landlords) have to keep it for longer than 12 months. I might be wrong though. I recommend you to check it with the law.

  9. #9
    Join Date
    Jun 2004
    Location
    Kapiti
    Posts
    621

    Default

    Last year, for the first time in over ten years, I cleaned my former agreements out. Only keeping one where there is an ongoing debt recovery issue. In the MSD case, that tenancy was concluded satisfactorily, so out it went with the rest.

    Principle 9 is a handy one, Keys.

  10. #10
    Join Date
    Nov 2006
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    Simply put. You are required by law to destroy all documentation relating to tenancies when it is no longer necessary to keep. All of my prospective tenants have their applications destroyed when they fail on their application.


 

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