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  1. #1
    Join Date
    Nov 2008
    Posts
    1,050

    Unhappy Tenant wont disarm her burgler alarm to allow access

    We have a somewhat paranoid tenant who is refusing to disarm the burglar alarm she installed and allow us access to wipe any moisture caused by water blasting[around windows etc]
    We had no objections to her installing it but had no idea she would not disarm it to allow entry for maintenance.
    She has said she ''never disarms it''.
    We have told her we will be as careful as possible but if she wont give access to wipe any water that should happen to come in ,then she will be responsible for any damage caused.[went on to say she can come herself to let us in if she's not comfortable turning off B alarm]
    Do we have that right?
    Its not a great time for a showdown as we are going overseas in around a month and every other respect she is a good tenant.
    I cant help but think that at some point this issue will have to be dealt with.[at some stage we will certainly need repairs done etc]
    I'd be very interested to hear others opinion on this somewhat sticky issue. Cheers

  2. #2
    Join Date
    Nov 2008
    Posts
    1,050

    Default

    Sorry-i originally put this on the wrong thread[property investments] and that seems to be where most responses have happened.
    Thanx to all

  3. #3

    Default

    Do the maintenance while she is present.

  4. #4

    Default

    Wear ear muffs

  5. #5
    Join Date
    Nov 2008
    Posts
    1,050

    Default

    Quote Originally Posted by mrsaneperson View Post
    Do the maintenance while she is present.
    Ive certainly given her that option in an email[while telling her that if we cannot get access to check for water,then she is responsible for any damages.

  6. #6

    Default

    Sounds like she is not being reasonably co operative. Perhaps you could have the alarm disconnected at her expense & could imply this to happen in further communications. An alarm essentially is like a lock , the RTA does say that spare keys [alarm codes] should be provided by the tenant to the landlord.
    Last edited by mrsaneperson; 06-05-2013 at 06:53 PM.

  7. #7
    Join Date
    Mar 2007
    Location
    Auckland
    Posts
    3,071

    Default

    Issue her with a 48-hour notice that you intend to carry out an inspection.

    You have a right under the Act to do this, and she cannot legally refuse access at a reasonable hour of the day provided you have given appropriate notice.
    She does not need to be at the premises during such an inspection.

  8. #8
    Join Date
    May 2004
    Location
    Bay Of Plenty, NZ
    Posts
    3,604

    Default

    How long are you going overseas for? If it's longer than a month, under section 16A of the RTA -

    16A Landlord must have agent if out of New Zealand for longer than 21 consecutive days
    (1)A landlord who is out of New Zealand for longer than 21 consecutive days must ensure that the landlord has an agent in New Zealand.
    (2)A landlord who does not already have an agent and who knows that he or she will be out of New Zealand for longer than 21 consecutive days must appoint an agent before he or she departs from New Zealand.
    (3)A landlord who does not already have an agent and who has been out of New Zealand for longer than 21 consecutive days must promptly appoint an agent.
    (4)A landlord who appoints an agent under this section must, immediately after appointing the agent,—
    (a)notify the tenant of the agent’s name, contact address, and address for service; and
    (b)if a bond is held in respect of the tenancy, notify the chief executive in the approved form of those particulars.
    (5)An agent appointed under this section has, as against the tenant, all the rights and obligations of the landlord.
    (6)A contravention of any of subsections (1) to (4) is declared to be an unlawful act.
    Your agent can be anyone you Trust to look after the management of the property. Notify the tenant in writing who that person is, just in case there is a problem whilst you're away overseas.

    46 Locks
    (1)The landlord shall provide and maintain such locks and other similar devices as are necessary to ensure that the premises are reasonably secure.
    (2)Neither the landlord nor the tenant shall alter any existing lock or similar device, or add to or remove from the premises any lock or similar device, without the consent of the other given at the time that, or a reasonable time before, the alteration, removal, or addition is carried out.
    (3)Failure to comply with subsection (1), and contravention of subsection (2), without reasonable excuse, is each hereby declared to be an unlawful act.
    Bold highlighting is mine. The tenant cannot install an alarm and then not give you the code or access to your property.

    What flyernzl said.

    If the water blasting leaks into the building and she's not home, it could soak into the carpets etc. The next thing you know, she'll be complaining that the house smells and that she wants new carpets!!

    Toughen up.
    Patience is a virtue.

  9. #9
    Join Date
    Jul 2011
    Location
    Tauranga
    Posts
    2,769

    Default

    I sugest you have a read of this before taking to your property with a water blaster: http://www.consumerbuild.org.nz/publ...ers-051222.php

  10. #10

    Default

    Quote Originally Posted by skid View Post
    Ive certainly given her that option in an email[while telling her that if we cannot get access to check for water,then she is responsible for any damages.
    Hiya Skid,

    How did you get on?

    Curious,
    Baldy


 

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