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How long does it take to evict a "professional tenant"?
Gotta say, this has to be the most unhelpful response to the OP, Bob Kane! Not to mention you never answered their questions - their original, and subsequent one direct to you.
First mistake Bob is to understand the details, especially if giving a blunt answer. Secondly it is not uncommon for investors to obtain a good deal that might also include a bum tenant. Doesnt mean people cant share it with rest of us. Thirdly, is not uncommon for huge delays in getting someone to TT even when all the systems are followed - as the PM from Hamilton pointed out.
Dont believe me? hop out from behind the keyboard & attend some Tribunal cases, its a real education, the adjudicators really dislike it & you might learn something along the way. Cheers, rant over
Just found out that if you obtain a possession order and the tenant still will not leave, it now costs you $200 to apply for a Bailiff to enforce the order.
yep, worse it can take a further 8 days for the under resourced MOJ to actually turn up, even thou you now pay $200, essentially for them to issue tenant a document.
Sometimes they cant give specific time which is worse than useless if require locksmith.
Your ex tenant is then housed in a Motel because nobody else will take them - perhaps this is Govts reasoning behind the fee.
I feel for the OP. That's ridiculous that it could be dragged out that long.
Escalate the issue within MOJ. It's going to take some persistence with them and they will push you to MBIE where you can also follow their process of escalation.
MOJ email address - [email protected]
You've stated that the tenant has applied for a rehearing on the basis that it's not enough time to move? This is hardly defending the claim that they are in arrears.
Early last year we could get a bailiff out at the property within a couple of business days after applying (@$200).
Applying was at the courts and after the 48 hour stand down period (48 hours since order signed) unless a kind adjudicator waived tje stand down period.
The bailiff's would visit and post notices then go back 48 hours after that or next business day for eviction. Go with locksmith, change locks, done.
Some bailiffs would request we give the tenant additional time to move belongings out.
The cost of bailiffs was added to the tenants debt and sought via attachment order/debt collectors.
As Sharon said, the bailiff process is currently blowing out. Eviction notices are not processed at local courts but in Wellington...
Have submitted feedback and request for clarification from MOJ but have yet to hear back anything useful. Am chasing again now.
The cost of bailiffs was added to the tenants debt
You can add as much as you like to the tenants paper debt, but the reality is that with this sort of (ex)tenant you have a shits show of getting any money.
Its just another $200 cost that the landlord has to bear.
Yes it starts as a paper debt.
Yes it's unreasonable that landlords have to pay for bailiffs up front. Interest on tenants bond money should cover bailiffs instead of bond lodgement credit card fees but they are different departments (MOJ vs MBIE).
We have had good success with attachment orders for WINZ clients and debt collectors for non-WINZ. Sometimes it may take a number of years to get the money back but it's better than nothing. Often tenants have issues securing credit later and come back to pay it off.
If the debt is large enough to warrant the hassle then we still recommend chasing it.
If none of us chase it then I fear we'll end up with more defaults.
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