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  1. #1
    Join Date
    Dec 2014
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    147

    Default What happens if tenants don't move out at end of fixed term tenancy?

    Hello All,

    Could anybody tell me how long it could take to get rid of a tenant if their fixed term tenancy comes to an end, they continue to pay rent, but they don't move out?

    Thanks

  2. #2
    Join Date
    Jul 2012
    Location
    Tavua, Fiji
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    3,347

    Default

    Depends, have you got a 22 calibre or a real gun :-)

  3. #3
    Join Date
    Dec 2014
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    147

    Default

    Just to elaborate - I was thinking about a short term FTT (with corresponding 21 day notice to end tenancy) so that we had some time for bond to be fully met, after which we'd kick off a new tenancy agreement.

    However - digging into the RTA, it seems this wouldn't work.

    According to Section 7 (Short FTTs), I'd still be locked in to the normal notice periods of Section 51 unless:

    before the commencement of the tenancy, the parties agree in writing that the tenancy will not be extended or renewed to give a total length of the term in excess of 90 days

  4. #4
    Join Date
    May 2004
    Posts
    2,808

    Default

    Did you give the correct notice? Summary here:

    http://www.dbh.govt.nz/tenancy-expiry-fixed-term-info

    If so, suggest call Tenancy Services about eviction procedure.

  5. #5
    Join Date
    Aug 2012
    Location
    Dunedin
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    120

    Default

    I was under the impression that a FTT automatically reverted to periodic at the end of the term unless both parties agreed otherwise. If I am correct then you can give 90 days notice.

    quote from DBH website -
    A landlord must generally give a tenant at least 3 months’ (90 days’) written notice to end the tenancy. However, there are some circumstances where the landlord is not required to give as long a notice period.
    If the owner of the property or a member of the owner’s family requires the property to live in, or there is an agreement to sell and the buyer wants the property empty, then the notice period is 42 days.
    What lies behind us and what lies before us are tiny matters compared to what lies within us. ~Oliver Wendell Holmes~

  6. #6
    Join Date
    Nov 2006
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    Default

    Quote Originally Posted by Pim View Post
    quote from DBH website
    What's your take on 50 b?
    From the law

  7. #7
    Join Date
    Aug 2012
    Location
    Dunedin
    Posts
    120

    Default

    Hmmmm, I think that means exactly what I said above. He has to give 90 days notice.
    I haven't studied the Act. That is just my take on it from reading your link.
    What lies behind us and what lies before us are tiny matters compared to what lies within us. ~Oliver Wendell Holmes~

  8. #8
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    Default

    Nope. It says that the landlord and tenant may contract into a notice period which is not specified in the Act. (repeated here for all to see - My higlighting)
    Quote Originally Posted by RTA
    by the giving of notice of a period no shorter than that required by this Act, in the case of a periodic tenancy or where provision is made in the tenancy agreement for termination by notice:

  9. #9
    Join Date
    Aug 2012
    Location
    Dunedin
    Posts
    120

    Default

    Does that not mean the original tenancy agreement?
    which I assume, in this case, did not have such a provision.
    What lies behind us and what lies before us are tiny matters compared to what lies within us. ~Oliver Wendell Holmes~

  10. #10
    Join Date
    Dec 2014
    Posts
    147

    Default

    Hmm. So it seems there are two things consider. .

    You can make provision in a tenancy agreement for termination earlier than 90/42 days (Clause 50b), but you also must not have any agreement / intention to extend a short FTT beyond 90 days (Section 7).

    -----

    Anyway - moot point. My original question was along the lines of whether you could sign somebody up to a 22 day rental agreement, give them notice to terminate immediately (as a fallback option), and then, provided certain conditions were met (i.e. bond top-up), sign them up for a longer FTT after the 22 day short FTT had ended. And, if the conditions weren't met, use the notice to end the lease immediately, without exposure to the whole 90/42 day thing.

    It appears not, as there is an obvious intention to renew, which means Section 7 comes into play. (Unless you tried to get tricky with wording in the agreement about no intention to renew, but I don't think that would stand up to close scrutiny)
    Last edited by BigWal; 30-01-2015 at 10:31 PM.


 

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