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Tenant not allowing access for maintenence

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  • Tenant not allowing access for maintenence

    We have a rather paranoid tenant who refuses entry for maintenance (leaky shower),except when she is there on sat. morn.
    This makes it really hard in terms of tradesmen.The issue is further complicated by the fact that there is a burglar alarm that she will not give the code to(we allowed her to install ,not realizing she would not give the code to us for cases like this.)
    She is a good payer and is no problem other than her extreme privacy issues.
    Ive been putting up with the Sat. only for repairs but it is starting to wear thin.
    My interpretation of the tenancy laws is that we have the right of entry after 24hrs notice,for maintenance issues.
    If I exercise that right,then the burglar alarm becomes an issue(not a pleasant thought)so that would have to be dealt with.
    I thought Id bring this up in case anyone has any suggestions on a more diplomatic solution than resorting to the 24hr notice and what would most likely be considered forceful entry.

    I realize we always have the end of tenancy option,but hesitate to go down that road as the 90 period is getting very close to our departure date for vacation.

    Anyone had a similar situation?

  • #2
    Ultimatum, either she gives you access or the shower stays leaky. I assume the shower hear is leaking into the shower? If it is leaking ou of the shower and causing damage. Tell her has no choice and you will go around and take the alarm out if needs be if she will not disarm it. Or she can stay at home that day.
    Last edited by kiwibean; 25-02-2015, 09:06 AM.

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    • #3
      Have had similar tenants occasionally. If diplomacy has failed then you follow the letter of the law and get in there. It's your asset getting damaged.

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      • #4
        Yes,its getting the floor wet underneath --It appears to have been happening for some time now.
        I thought that one way of hopefully bringing her around is end of tenancy because of maintenance issues (which gives her an out)but they say you should never give a reason--so question is does maintenance issues open the door to a challenge--the obviuos advantage is she knows that it could be remedied by allowing access.

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        • #5
          I would demand the code and access otherwise you will have to end the tenancy as Damap said it is your asset getting damaged!

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          • #6
            If she is potentially difficult and all else has failed just file notice. Never give a reason. Better yet find a family member who needs the property urgently then you can give her less notice to vacate :-).

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            • #7
              I say just give notice to do the work and set the alarm off....she'll have to turn up then! Perhaps wear ear muffs though. I recently got rid of picky tenants who kept complaining about professionals (eg. engineer, Watercare) wanting access to the drive (bit of a repair to be done in due course), wanted privacy latches on the bedroom doors, etc. Gave 90 days notice and have re-let for $100 more per week and now put it with a PM. Should've done it so much sooner.....

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              • #8
                yes,we were thinking seriously about giving her notice after we return from holiday--For now I was thinking that i will enter (setting off the alarm)but only after bringing to her attention my rights of entry under the tenancies act--Ill also encourage her to call the help line.
                I think at this stage she may not realize her view actually violates tenancy law---(ofcoarse I will give notice)

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                • #9
                  Don't forget the $1000 for changing the locks (burglar alarm) without giving you the code.

                  Add to that the damage which is occurring to your asset because you can't fix it. That is attributable to her as well.

                  www.3888444.co.nz
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                  • #10
                    Originally posted by Keys View Post
                    Don't forget the $1000 for changing the locks (burglar alarm) without giving you the code.

                    Add to that the damage which is occurring to your asset because you can't fix it. That is attributable to her as well.
                    Thanx Keys --great to know

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                    • #11
                      And thanx to all...

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                      • #12
                        not really a answer to your question but as a roving tradesman i occasionally get people saying "i finish work at 3 can you start then" my answer is always NOPE i work 8 to 4:30 i cant do a 8hr working day starting at3 ( i could but i aint going to) one job i was on for a week the woman asked me to not start until 11ok on friday as she was doing her shopping and didnt want to have to carry her grocery's in from the street.( about 20 meters on a flat section) no problem i just went to another job. i have had people lock the door behind me when i go out to the truck ,one woman had her sister come to keep a eye on me while she went out for a couple of hrs, others chuck you a key say help yourself to coffee etc and leave you to it

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                        • #13
                          Maybe try letting her know that access only Saturday mornings will leave her a week without a shower if you only have the time to remove/ disable it in the few hours available. Surely the thought of having no shower will change her mind about tradies access during the week. Try convince her to give you alarm code rather than to just leave it deactivated for the day - just in case it sets itself. Save her the bother of having to leave work to turn it off again.

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                          • #14
                            I would suggest that's a very bad idea. Plenty of my tenants would just shower in the kitchen with a hose. Now you have even more water damage.

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                            • #15
                              I was a tradey also ,so can relate to what you are saying. (JIM)

                              I am hoping that it can be siliconed around the bottom or drain replaced as a full bore replacement of shower would not go down well.
                              I may think about that inbetween next set of tenants(which may not be so far away :>) )
                              Im anticipating a bit of resistance (she was burgled in her last place) but with all this new info (and the tenancy laws backing me) hopefully she will see the light.
                              The email address we used to communicate with is no longer working (from even before this issue)I just thought she was getting lazy in terms of responding to me--She said she is having problems with it--so communication is via notice in letterbox or cell(which is a pain as she is hard to communicate with --goes off on a flurry of sidetracks)
                              The email is another issue I will have to deal with. cheers

                              I am hoping today she is contacting tenant hotline and finding out that I am within my rights to access the flat after notice.
                              Last edited by skid; 26-02-2015, 10:14 AM.

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