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  1. #1

    Default Help - Rent arrear on not legal home and income

    Tenancy problem - Having two tenancy agreements on a not legal and income house, upstairs and downstairs both has their own tenancy agreement. Now the downstairs tenant has 4 fours rents arrear and his fixed term will end on end of May 2015. We want to apply for tenancy tribunal for the rent arrear but wanting to know if the tenant also apply for one against us about being not a legal home and income, what would happen to us as a landlord? Has anyone have similar experience like this? The tenant downstairs has no job and on benefit. I was really silly to let him be my tenant (It was via a letting agent). Downstairs has bathroom/toilet/rampus room and kitchenette. (We are going to remove the sink when the tenant moved out as agreed by the council.

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

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    As it's illegal and you knowingly did it there are all sorts of legal issues for you. I would just try to get them out and move on. Tenancy tribunal are a particular breed of insane people not to mention council, insurance the list goes on. Stand in front of a mirror and poke yourself in the eye really hard. If you find that enjoyable that them to tribunal, otherwise don't.

  3. #3

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    i agree, get them out as soon as possible. Fix your illegal rental and move on.
    "Remember, people will judge you by your actions,not your intentions.You may have a heart of gold -but so does a hard-boiled egg".

  4. #4
    Join Date
    May 2008
    Location
    Manukau Auckland
    Posts
    1,049

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    Do NOT take the tenant to tribunal if the tenancy is illegal. Actually the tenant could claim back all the rent they have paid from the start of the tenancy in this situation.

    Like others have said, take the loss, learn from it and move on.

    Shane

  5. #5
    Join Date
    Jun 2013
    Posts
    2,158

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    Quote Originally Posted by Maelstrom View Post
    Yes guys and girls, points taken but how does schrodinger get tenant out?
    or does he have to wait until end of May?
    even then what if tenant doesnt move, how does schrodinger enforce his removal in May without tenancy tribunal?
    These would have been good questions for schrodinger to ask before he let said illegal property.....

  6. #6
    Join Date
    Jul 2012
    Location
    Tavua, Fiji
    Posts
    3,347

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    Pay them to leave. Whatever it takes to get it vacant.

  7. #7
    Join Date
    Jun 2013
    Posts
    2,158

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    Quote Originally Posted by Damap View Post
    Pay them to leave. Whatever it takes to get it vacant.
    This would perhaps be an option. Hands on negation will be required.

  8. #8
    Join Date
    Jun 2013
    Posts
    2,158

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    Sign them onto a shared household. The reason you are illegal is because your creating separate tenancies when you cannot. Shared you can.

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

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    Quote Originally Posted by Maelstrom View Post
    I see ...
    I didnt know this ...
    According to schrodinger "I was really silly to let him be my tenant (It was via a letting agent)"
    You'd think a letting agent wouldve been wise to this and would have advised schrodinger accordingly????
    What and cut off there income source they are paid by the Landlord to find a tenant and that's all.

    The more apt question would be why didn't the OP do his homework on his business.
    Last edited by Maccachic; 10-03-2015 at 12:50 PM.

  10. #10

    Default

    Quote Originally Posted by Maccachic View Post
    What and cut off there income source they are paid by the Landlord to find a tenant and that's all.

    The more apt question would be why didn't the OP do his homework on his business.
    What and cut off there(sic) income source they are paid by the Tenant and that's all.


 

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