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Gave tenant 90 day notice because house being demolished but now it isnt

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  • Gave tenant 90 day notice because house being demolished but now it isnt

    Hi

    Gave a tenant a 90 day notice as the rental was going to be demolished to make way for a development. 90 days will end in September 2017. They gave 21 day notice and have left. I have since found out the development is on hold for 1 to 2 years. If the house is relet is there any comeback from the tenant that was given notice?

  • #2
    You can give 90 day notice without any reason needed, so it's not like you gave them 42 days notice because you were moving in, then didn't - that'd be wrong.

    I don't think there'd be any issue here. Especially because you had a genuine reason at the time, and compounded by the fact that the 90 day notice didn't actually end their tenancy, their own 21 day notice did.
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    • #3
      Thanks, just feeling bad because they were a long term tenant and probably still living in the neighbourhood which is on a peninsular and everyone living there has to pass the house in question to get to work/town so it is very visual that the house was not demolished and someone else is living there.

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      • #4
        give them the option to return

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        • #5
          Given it is anywhere between 1 and 2 years when the house will be demolished it is probably not worth it for them since they have moved. Also long term development of the adjoining land has begun, so the peaceful semi rural area they were in is now gone.

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          • #6
            Why not give them a call to tell them what has transpired, that you feel bad about it and wish them well.

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            • #7
              ....and ask them if they know of anyone interested and wouldn't mind the noise etc.
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              • #8
                Reinforces the wisdom of never admitting to a reason for the 90 day notice.

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                • #9
                  Amen to that!

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                  • #10
                    Originally posted by RollingCloud View Post
                    Hi

                    Gave a tenant a 90 day notice as the rental was going to be demolished to make way for a development. 90 days will end in September 2017. They gave 21 day notice and have left. I have since found out the development is on hold for 1 to 2 years. If the house is relet is there any comeback from the tenant that was given notice?
                    Nope, when serving a 90 day notice you don't have to give any reason....
                    Fraser Wilkinson
                    www.managemyrental.co.nz
                    Wellington / Lower Hutt / Upper Hutt / Porirua

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                    • #11
                      FJW, as ever your advice is as helpful as an ice pick to the crew of the Titanic and just as timely.

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                      • #12
                        Originally posted by Anthonyacat View Post
                        You can give 90 day notice without any reason needed, so it's not like you gave them 42 days notice because you were moving in, then didn't - that'd be wrong.

                        I don't think there'd be any issue here. Especially because you had a genuine reason at the time, and compounded by the fact that the 90 day notice didn't actually end their tenancy, their own 21 day notice did.
                        That's the perfect answer

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