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  1. #1
    Join Date
    Nov 2008
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    1,046

    Default tenancy ended -tenants staying

    Could someone please refresh my memory on what is the best course of action when tenants have been given 2 months notice(owner moving in)of a tenancy ending and they stay past the end date? Cheers
    (as a side bar ,there is a 5 week waiting list for the tribunal in Auck atm.)

  2. #2
    Join Date
    Feb 2010
    Posts
    305

    Default

    Hi
    I don't know the answer but I have another question to add to yours if I may ?

    Lets assume that you wait the 5 weeks for a hearing. You have to rent some other accommodation while you are waiting to get the EX tenants out.
    So you keep your receipts for the cost of the 5 weeks rental accommodation you had to use.
    If the Tribunal rules in your favor will they make the EX tenant pay for your losses...the 5 weeks of accommodation you have receipts for.

    Keys or Glenn ?

    Thanks
    Richard

  3. #3
    Join Date
    Nov 2006
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    Default

    The TT will award possession provided the termination was legal. You claim for damages, you claim for expenses. You claim exemplary damages. You continue to charge and receive rent. Just because you continue to get rent does not mean you have agreed for them to stay. You have 90 days from the end of the tenancy to get them out otherwise it reverts to a periodic tenancy.

  4. #4
    Join Date
    Nov 2008
    Posts
    1,046

    Default

    Thanx keys--your info is appreciated as always---just for clarification--Im assuming you mean they will award possession when it gets to the tribunal in 5 weeks--they have fallen behind in the rent as well so getting compensation may be a long shot (its a friend who is looking after a rental for the owners)---cheers

  5. #5
    Join Date
    Mar 2007
    Location
    Auckland
    Posts
    2,982

    Default

    Quote Originally Posted by richard56 View Post
    . . . will they make the EX tenant pay for your losses...the 5 weeks of accommodation you have receipts for.
    They may write out an order on a piece of paper.

    Will they make the ex-tenant pay? No they will not.

    It will be up to you to try an extract the money from a transient with no assets.

  6. #6
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    Nov 2006
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    Default

    Quote Originally Posted by skid View Post
    Im assuming you mean they will award possession when it gets to the tribunal in 5 weeks
    They will get possession when they get a possession order and it is enforced by a bailiff. Providing they have not previously moved out of their own free will. They should also get a monetary order for rent arrears at least up to the day the court awards possession.

  7. #7
    Join Date
    Nov 2008
    Posts
    1,046

    Default

    Would they have a leg to stand on if the band of tradesmen (previously hired to come on the day after tenancy expired)turned up and started grinding away on the outside?


 

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