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Should landlords be consulted before someone is bailed to their rental property?

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  • Should landlords be consulted before someone is bailed to their rental property?

    From the article linked below it appears that landlords, other than Housing NZ, are not routinely consulted. Should they be? If not consulted, how would a landlord know? Have any readers here been consulted? Would the alleged offence make a difference? Or if the alleged offender is on the tenancy agreement?

    Are there insurance implications given that there is no verdict yet, though the person may have other history. What say the charge is meth related or violence against property? (The person in the article has pleaded guilty BTW.)

    Housing NZ say bail address is approved on a case by case basis.


  • #2
    Yes, all landlords should be consulted 100% of the time. It has a really serious effect on ones insurance policy !! Believe me, I have personal experience if this with a family member I was supporting.

    Of course every landlord should he protected from it anyway by clearly stating on their lease agreement the number and names of all those living in the property, so anyone new moving in is immediately obvious ??

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    • #3
      I've got a tenant in Lower Hutt that wants to move an associate in when he comes out of prison and he claims it will only be for a week they claim.....you can guess what my answer was!
      Fraser Wilkinson
      www.managemyrental.co.nz
      Wellington / Lower Hutt / Upper Hutt / Porirua

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      • #4
        Maybee they are looking to start a home business together?

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        • #5
          Originally posted by artemis View Post
          From the article linked below it appears that landlords, other than Housing NZ, are not routinely consulted. Should they be? If not consulted, how would a landlord know? Have any readers here been consulted? Would the alleged offence make a difference? Or if the alleged offender is on the tenancy agreement?

          Are there insurance implications given that there is no verdict yet, though the person may have other history. What say the charge is meth related or violence against property? (The person in the article has pleaded guilty BTW.)

          Housing NZ say bail address is approved on a case by case basis.

          www.stuff.co.nz/national/crime/100267307/housing-nz-defends-having-a-say-on-bail-after-policy-labelled-inconsistent
          Surely it depends on what type of crime it was as to whether a landlord should be given notice about it. In the majority of cases the offenders name will not be on the TA and could be either boarding or in a flatmate scenario so again unless the nature of the crime was pertinent to the accommodation being provided i see no reason why disclosure should be forthcoming.

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          • #6
            Originally posted by mrsaneperson View Post
            Surely it depends on what type of crime it was as to whether a landlord should be given notice about it. In the majority of cases the offenders name will not be on the TA and could be either boarding or in a flatmate scenario so again unless the nature of the crime was pertinent to the accommodation being provided i see no reason why disclosure should be forthcoming.
            if your insurance company is concerned about it, then maybe you should be ?

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            • #7
              We found a 'guest' at one of our properties, with an ankle bracelet. It seemed they were under no obligation to tell us he was being home detentioned to a property we manage, despite the tenancy agreement expressly forbidding that and him not being a named occupant. He meth contaminated it and it was a high level case.

              So it seems LL do not have to be told.

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              • #8
                Originally posted by bolproman View Post
                We found a 'guest' at one of our properties, with an ankle bracelet. It seemed they were under no obligation to tell us he was being home detentioned to a property we manage, despite the tenancy agreement expressly forbidding that and him not being a named occupant. He meth contaminated it and it was a high level case.

                So it seems LL do not have to be told.
                If you expressly listed the number of occupants on the lease, then yes they do have to tell you. Once you found out about it you should have issued a 14 day letter to desist and taken it to Tribunal if they didn't.

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                • #9
                  Yes the tenant should have told us. But i was referring to the justice dept as that is what the subject was i think?

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                  • #10
                    Not the usual form.

                    Just is the way it is.

                    The do as we say not as we do is a common precept within gummint depts.

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                    • #11
                      The solution to this is to ensure your Lease Agreement limits the number of people, and demands that they are all on the lease. Ensure your tenant is aware of this at the time of signing and the repercussions. Then stay in touch with your tenants as much as possible via inspections and responding to requests. As soon as you see an extra person, or signs of them, discuss it with the tenant and act on whatever is required.

                      Once you know the issue exists though, you are in contravention of your insurance policy, so better make sure you act on it if you know about it.

                      Then you only have to prove to the insurace company that you didn't know about it, if it all turns turkey !

                      Dont expect any change in policy from either the Justice Department or the Insurance industry; instead do your best to manage your rental.

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