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  1. #1

    Exclamation When a tenant goes inside with no family

    Some advice would be appreciated.

    I have a tenant who is on remand for some matters he is pleading not guilty on. This tenant has no family and no means to pay rent while inside.
    Social welfare was paying a benefit to this tenent. This then paid for the rent by AP into my bank account on a regular basis until it all stopped last week.

    This tenant has a large amount of gear in the flat, it could be two months before he gets his day in court.

    What can I do to get on top of this?

  2. #2
    Join Date
    Jun 2005
    Location
    Nelson NZ
    Posts
    3,863

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    I have this from time to time. In fact I have had lots of tenants taken away to secure free accommodation.

    The issue is not about what or why he has not paid it is about you collecting your rent.

    Issue an immediate 10 day notice to remedy and file the application to the tribunal the same day. You sellotape the 10 day letter to the front door. This is considered as being "served". There is no requirement for him to actually get a copy but obviously it does help. Get the tenancy terminated ASAP. The tribunal will sit regardless of the tenant not being there.

    Now this is the really smart thing to do.

    Make contact with the tenant in jail. They are allowed to make phone calls from time to time and certainly can recieve and send mail.

    Point out to them that you have filed for a termination and ask him to give you notice. Point out that if he does not as soon as he gets out of jail he will get some of his benefit sucked out by you to pay the debt.

    I have a little saying that seems to sink home with most people. "In order to limit the debt I suggest we agree that the tenancy ends immediately with no requirement for the three week notice"

    If he does not play ball and you end up with an eviction then you have to store the stuff in the flat at your cost. You are permitted to seek permission to sell the stuff to pay for the debts. Not much furture in this and it is better to just throw it in a heap at the end of the garage / store or what ever.


 

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