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  1. #1

    Default How long does it take to evict a "professional tenant"?

    Our tenant were in arrears 4 weeks rent. We applied for the tenancy tribunal and got The Tribunal Orders: termination of the tenancy and possession granted to the application at midnight on Thur 6 April.

    The tenant successfully prolonged her stay by skipping the hearing and applied for a rehearing/a stay the next day. The hearing of the application of rehearing has been scheduled on 19 May (6.5 weeks after the hearing).

    If the rehearing is declined, we are looking at around 3 months rent lost.

    6.5 weeks waiting for rehearing + 2 weeks waiting for eviction + 2 weeks repairing cleaning + 1-2 weeks finding new tenants = around 12 weeks rent lost

    If the rehearing is accepted, we are looking at around 5 months rent lost.

    Above calculation + 6-8 weeks waiting for rehearing = 18 to 20 weeks rent lost.

    If the rehearing is accepted and the result is in favour of the landlord, the tenant can still apply for appeal and a stay. We are looking at around 6-7 months rent lost

    Above calculation + 6-8 weeks waiting for appeal = 24 to 28 weeks rent lost

    It is disappointing to find out that the legal system is so unfair and speechless. Savvy the legal system, the professional tenant can game into free rent, over and over again. As a result of delay it has created huge financial stress on the landlord who's dealing with paying mortgage and the tenant is living rent free.

    Is there any way to facilitate the process and get our property back earlier? Grateful for your thoughts and advices as we grew desperate.

    Doeae mortgage while the tenant is living rent free

  2. #2
    Join Date
    Sep 2007
    Location
    Auckland
    Posts
    8,321

    Default

    You need a property manager.

    I don't mean to be rude, but you don't know what you're doing. So you need to get help - an actual person - as well as the answers here.

    I have no idea how to manage residential units either. I do know about commercial and manage those myself, but for my 3 apartments, I have a really good PM on board - to avoid these kinds of situations that cost money and lose you sleep.

    Does anyone know if a PM will take on a situation like this?
    Squadly dinky do!

  3. #3
    Join Date
    May 2008
    Posts
    3,581

    Default

    Quote Originally Posted by hacona View Post
    As a result of delay it has created huge financial stress on the landlord who's dealing with paying mortgage and the tenant is living rent free.
    Why did you select this tenant?
    Why did you carefully select them over all the other applicants?

  4. #4
    Join Date
    Jun 2004
    Posts
    10,404

    Default

    Quote Originally Posted by Bob Kane View Post
    Why did you select this tenant?
    Why did you carefully select them over all the other applicants?
    Not really answering any of the Ops questions - this is looking back and the Op wants to move forward.

    Like Davo I have no idea which is why I have a PM - hopefully someone else will know.

  5. #5
    Join Date
    Nov 2016
    Location
    Hamilton
    Posts
    21

    Default

    I am a PM in Hamilton, so may be biased with this reply. Sometimes you can get a tenant that checks out perfectly fine, but then doesn't follow the rules. You should definitely use a PM given what you say your process is. Did you send a 14 day notice within the first week of arrears? Based on history, especially if there isn't any good history, you should be applying to the tribunal as soon as a second payment is missed i.e. 7/8 days overdue. For a mere cost of $22 you get things under way a lot quicker, and you can cancel it if they pay up. I find this works really well.

    I also recommend having Landlord Risk Insurance, and in fact provide it as an included service for properties I manage within my 7.5% + GST fee. Then you wouldn't be out of pocket at all.

  6. #6
    Join Date
    May 2008
    Posts
    3,581

    Default

    Quote Originally Posted by Wayne View Post
    Not really answering any of the Ops questions - this is looking back and the Op wants to move forward.
    You can't move forward until you've identified what the problem is.
    Or putting it another way, which way is forward if you don't where you came from?

    The OP has no knowledge of the RTA and is blaming the law for their misfortune:
    It is disappointing to find out that the legal system is so unfair and speechless. Savvy the legal system, the professional tenant can game into free rent, over and over again.
    The OP needs to realise that they cause this problem and I was gently trying to draw their attention to this.
    The best way forward is to hand over this property to a good PM.
    They won't do this of course - they have already dismissed that option.

  7. #7

    Default

    Quote Originally Posted by HPM View Post

    I also recommend having Landlord Risk Insurance, and in fact provide it as an included service for properties I manage within my 7.5% + GST fee. Then you wouldn't be out of pocket at all.
    HPM - do you provide the insurance in the form of a rental guarantee or do you have a blanket policy for all the properties you manage?f

  8. #8
    Join Date
    Nov 2016
    Location
    Hamilton
    Posts
    21

    Default

    I place a specific policy on every property. I use REAL Landlord Insurance, which is only available to PM's.

  9. #9

    Default

    Quote Originally Posted by Bob Kane View Post
    Why did you select this tenant?
    Why did you carefully select them over all the other applicants?
    We did not select this tenant. The tenant signed a fixed-term tenancy agreement with the previous owner.
    If the property being sold is rented for a fixed-term, the property must be sold with the tenancy and tenants in place. The buyer will then become the new landlord for the rest of the fixed-term.
    Last edited by hacona; 03-05-2017 at 12:17 PM.

  10. #10

    Default

    Quote Originally Posted by Bob Kane View Post
    The OP has no knowledge of the RTA and is blaming the law for their misfortune:
    We understood the RTA very well and followed every legal procedure after confirmed with the tenancyservices.


    -- THREE 14-day-notice-to-remedy-rent-arrears-letters served on 13 Feb, 22 Feb, 2 March 2017.
    -- On 17 March, I informed the tenant that I would apply to the tenancy tribunal to end her tenancy (rent summary attached). She agreed the arrears/process replying “that’s fine regarding your submission”
    -- On 4 April, I attended tribunal (the tenant didn't show up). After tribunal, I send the tenant a copy of “the order of the Tenancy Tribunal” including the date of possession granted.
    -- On 6 April, I applied an eviction warrant. The actual eviction was scheduled at 20 April which allows two weeks for the tenant to move out.


    The tenant said she can't attend the tribunal on 4 Apr because her car was broken. She applied for a rehearing on 5 Apr because she want to have a say. She applied for a stay because she complained of not having enough time to prepare for eviction.


    This is a concrete case with solid reason (rent in arrears over 4 weeks). As above, the tenant was given enough time/notices but she continuously neglected the consequence of end of the tenancy and complained not having enough time. Furthermore, she was granted a stay which means she can legally stay in the property for at least another 6.5 weeks with or without paying rent.

    So please draw my attention to where my mistake is? How would/could "a good PM" do anything different to escape from this misfortune?
    Last edited by hacona; 03-05-2017 at 12:38 PM.


 

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