Difficult Tenant & Termination of Tenancy ASAP

[Anita]

We have a very shrewd tenant who has been complaining of maintenances even after they have been completed by tradespeople continues to bring up issues after issue of the same repairs plus & add more into them . He is v aware of current trend of law and Retaliatory actions etc and has been trying to keep us on stake .


He continue bringing up false complaints ie his house has been burgled ( and safety locks again has been installed ) once said that the garage has been flooded ( no any signs of flooding at all ) and said his stuff has been ruined & lately saud that he fell in the bathtub and is on crutches etc .Toilet cistern seat etc have been installed new he still continues complaints clearly for no reason. And the plumber and electrician & builder been through the property & said that they're all in order complianced and no any issues repairs need addressed.

We got receipts for the repairs and date log of communications with him too.


Due to ongoing rent arrears lately it has been reached a fast track mediated order of a payment plan and he seems to keep to the Order .

My question is what's the best way to get rid of this tenant have him duly out of the property - if I give 90 day notice he might wreck the place or he can come up with retaliatory can he during the 90 days ?

Any other way to Impulse him out ASAP?

Please advice.

[Learning]

Four possible options are -
1/ Sit down with your tenant and find out what it would take to get him out. Maybe two weeks free rent and moving costs?
2/ Within the rules of the RTA, rise the rent to degree where he chooses to leave of his own accord. Though with history he could just sit on 21 days in arrears and wait for your next move.
3/ Issue 90 day notice and take your chances. If he claims retaliatory the Tribunal may look favorably on you regarding his history but it is Tenancy Tribunal after all so it is a roll of the dice.
4/ Hire a property manager and make him their problem. Some PM's thrive on a challenge.

[fuzzlevalve]

Knowing your situation "Anita", I would get a PM to deal with them and get them out. There's too much risk with these @#$%&#*$%# tenancy law interpretations and judgments these days.

[artemis]

Even with a PM, and some are better than others, be prepared for a TT retaliatory application from the tenant.

That preparation should always be in writing, preferably by email so clearly dated and addressed, with formal documents sent to the address for service. Everything done by the book, and phone calls followed up with an email acknowledgement and summary.

Inspections to be done regularly with correct notice and fully documented, especially any problem areas. Dated photos but not of tenant belongings. 14 day notices to tenant where relevant.

Rent increases at all correct intervals, but ensure you have supporting evidence that new rent is around market rent. Take dated screen shots of Tenancy Services market rents for the size and location, and screen shots of similar from Trademe rents. These may never be needed but much easier to do them at the time rather than try to create them later.

Everything professional always.

We started the above process for a friend with a difficult tenant, and taped formal documents to the front door with photos taken. Tenant gave notice and moved out quickly. Less than 21 days notice but she rightly assumed it would be accepted.

Good luck, let us know what happens.

[Anita]

Yes Artemis cannot agree more and been thinking on that channel of having all docs dated signed lined up to proceed.

Fuzzlevalve seen you only for few months here though anyway note it is managed by a PM - one of the recommended in the list & pay 9% plus gst (He is okay to some extent as it seems he is trying to use his brain sometimes at least just before it derails if i ask why & offer better alternative at least he follows instructions - which is why am exploring these to assist him/us - truly need someone who takes the accountability & has the confidence to smash it off & happy to pay what ever .

Learning Thanks for suggestions , somehow he will not agree to leave elsewhere with lots of stuff to take for 2 week free rent etc will ask PM to try sit and talk with him plus only moved in Jan so still not time to RI plus he'll possibly play worse ' making' more repairs .

This caliber of manipulative Tenants are possibly becoming common & wouldlike to hear others comments too

[Perry]

I don't think they are any more common, nowadays.

Perhaps getting more 'exposure' one way or another, but they've always been around.

[fuzzlevalve]

You already have a PM? Well that's even worse. Change them if they are so incompetent you have to be asking on PT how to fix a PM issue.

[Sharon]

Its quite common for people to blame the PM even without full understanding of the issues/problems. With the way things are handled at TT its absolutely crucial every property is rented with maintenance & security issues all covered and even more important to retain evidence pre tenancy incl good photos making sure place 100% compliant.
If a property falls vacant ensure work done then and there. Few understand the hassles involved getting contractors to attend an occupied property, particularly when difficult tenant involved.
With recent implications of meth and asbestos Tenancy Management has become a minefield, tenants becoming more litigious and Adjudicators eager to reward them. In November I sat thru an unfortunate but common TT hearing in Hamilton re app 4086034 -where some mistakes where made and owner given a 10K penalty. Hearing itself was a farce but check it on TT site

[mrsaneperson]

Its quite common for people to blame the PM even without full understanding of the issues/problems. With the way things are handled at TT its absolutely crucial every property is rented with maintenance & security issues all covered and even more important to retain evidence pre tenancy incl good photos making sure place 100% compliant.
If a property falls vacant ensure work done then and there. Few understand the hassles involved getting contractors to attend an occupied property, particularly when difficult tenant involved.
With recent implications of meth and asbestos Tenancy Management has become a minefield, tenants becoming more litigious and Adjudicators eager to reward them. In November I sat thru an unfortunate but common TT hearing in Hamilton re app 4086034 -where some mistakes where made and owner given a 10K penalty. Hearing itself was a farce but check it on TT site

I note that judgment you refer to whereby a refund of all rent was ordered due to a non permitted building took place 20th October 2017. Rulings like this have now been superseded and overturned as in the Victor Inglis of Dunedin case with the district court ruling on 21st Nov 2017 :

https://www.odt.co.nz/news/dunedin/r...-wins-back-10k [21st Nov 2017]

The Inglis case was acknowledged again after the district court ruling when the landlord Vic Inglis claimed and was awarded expenses against the tenant at the Tenancy Tribunal ,31st January 2018:

https://forms.justice.govt.nz/search.../133538624.pdf [31st Jan 2018]

[Wayne]

The Inglis case was acknowledged again after the district court ruling when the landlord Vic Inglis claimed and was awarded expenses against the tenant at the Tenancy Tribunal ,31st January 2018:

https://forms.justice.govt.nz/search.../133538624.pdf [31st Jan 2018]

I see the claim for the smoke alarms was declined because
"Neither the Residential Tenancies Act 1986 nor the Residential Tenancies (Smoke Alarms and Insulation)
Regulations 2016 (which came into effect on 1 July 2016) provide that the taking down of a smoke
alarm by a tenant is an unlawful act."
I thought it was an unlawful act? Interfering with a means of escape or something??

[Perry]

Kangaroo Kourts?

It is. Keys has won a case on that section.

40 Tenant’s responsibilities
(2) The tenant shall not—
(ab) cause or permit any interference with, or render inoperative, any means of escape from fire within the meaning of the Building Act 2004;

Schedule 1A
Amounts for unlawful acts
40(2)(ab) (Interference, etc, with means of escape from fire) $3,000

Maybe "taking down" is not "causing or permitting any interference with, or rendering inoperative?"

With the TT Kangaroo Kourt Klutzes, anything's possible.
(So long as it benefits tenants, of course)

Was that idiocy ever challenged?

[Wayne]

When I first read it I wondered if leaving 2 was enough protection so the 'system' hadn't been rendered inoperative.

[Atalanta]

Hello Anita. I'm sorry to hear of your difficulties. Taking a slightly different perspective, I am wondering if your tenant has mental health issues. I suggest this on the basis of what appears irrational and perhaps delusional behaviour. I recognise this comment has no practical value to you, but it might offer greater understanding. All the best.

[Keys]

It is. Keys has won a case on that section.

Yip, on more than one occasion.

I have just penned a letter of concern to Melissa Poole.

That is an abysmal ruling on the exemplary damages claim.