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ways to end a fixed term tenancy

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  • ways to end a fixed term tenancy

    Tenant has started playing up a few months into a 12 month fixed term tenancy. Realise I can't terminate it early without tenant agreeing to this but just wondered if anyone had experienced a similar problem and found a way around this to move the troublesome tenant on without causing hassles. Tenant has alcohol issues and needs to get a flatmate in to afford the rent. He is having problems keeping a flatmate and there are reports of parties, drinking and drug taking, perhaps even smoking meth. Meth test on house has come back negative. Tenant has been arrested twice in three months for disrupting the peace when flatmates have wanted to move on. Not a particularly good situation for him, me or neighbours. Any ideas welcome!

  • #2
    What is the current status of his rent arrears?
    Have you given him any 14-day notices yet?
    Have you done a property inspection yet?
    Do you have any written complaints from the neighbours?

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    • #3
      Originally posted by Lighthouse View Post
      What is the current status of his rent arrears?
      Have you given him any 14-day notices yet?
      Have you done a property inspection yet?
      Do you have any written complaints from the neighbours?

      That's the problem - he hasn't got behind in rent and is keeping the house nice. But he has been arrested twice and keeps getting in terrible flatmates. The good ones leave pretty quickly due to his behaviour which apparently gets bad after he drinks. There have been reports (phone calls to the property manager but nothing in writing) from ex flatmates of parties and people smoking drugs, possibly including meth. So there is no reason I can move him on but I can't see the situation resolving as he needs a flatmate to afford the rent as he's on the benefit and keeps getting bad people in (apparently meth dealers from the police report were the last flatmates he chucked out). It's not a good situation for him as he obviously has quite a bad drinking problem - according to last flatmate he is banned from local bottle stores and he has been seen drink driving by neighbours....so it all doesn't bode well for anyone which is why I'd like to find a way to nicely move him on so he can find a better situation for himself where he perhaps doesn't need a flatmate.

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      • #4
        on this

        am scheduled for phone mediation soon

        2nd time in under a year for rent arrears


        for tenant that hasn't worked out

        by the time of the mediation they will be 4 weeks behind

        can i just ask for them to go

        and pass the debt to baycorp?
        have you defeated them?
        your demons

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        • #5
          I do only offer fixed-term tenancies with customized tenancy agreement, follow up a breach of the TA by given 14-day notices and eviction if remedies fail.

          The question is what part of the RTA and tenancy agreement do tenants breach?

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          • #6
            both times

            failure to pay rent
            have you defeated them?
            your demons

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            • #7
              Does the tenant get your authorisation to move the flat mates in or does it without running it past you? If hes just moving them in there then you can put the tenant on notice to have the flat mate ejected and I presume that would inevitably set him up to not meet his rent payments?

              If he is sloppy with his payments serve him straight away using a 14 day notice and apply to the tribunal. If the rent is in arrears by 21 days you can get him out under s.55, if he doesn't comply with the 14 day notice but rectifies it subsequently after the notice period you can apply under s.56 but I often find that you need at least two breaches for the tribunal to bring the tenancy to an end.
              Fraser Wilkinson
              www.managemyrental.co.nz
              Wellington / Lower Hutt / Upper Hutt / Porirua

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