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  1. #11
    Join Date
    Mar 2013
    Location
    Auckland
    Posts
    1,570

    Default

    Quote Originally Posted by Lighthouse View Post
    A SOOB is permissible under the RTA so long as the property is used for principally for residential purposes.

    https://forms.justice.govt.nz/search.../121438240.pdf
    https://forms.justice.govt.nz/search.../102925978.pdf
    https://forms.justice.govt.nz/search...2/99921502.pdf
    I was livid when I found out that a PM had allowed the tenant (in my own home, while I was away for a year) to operate a business from the house. Apparently, the TT would have sided with the tenant over that one as it was still principally a place of residence. Yet it was against the terms of my insurance and I would have been screwed if anything had happened.
    My blog. From personal experience.
    http://statehousinginnz.wordpress.com/

  2. #12

    Default

    Quote Originally Posted by sidinz View Post
    I was livid when I found out that a PM had allowed the tenant (in my own home, while I was away for a year) to operate a business from the house. Apparently, the TT would have sided with the tenant over that one as it was still principally a place of residence. Yet it was against the terms of my insurance and I would have been screwed if anything had happened.
    This is an absolute joke it could happen!

  3. #13

    Default

    So, rent is $395 a week and I tried to offer $1500 + bond + moving cost to persuade her to move.
    She said she has rights to stay and dont want to move.

    Now, if it ends up on Tribunal, would it be a fair amount?
    and/or how the judge would take this that I tried to pay her off to move?

    Thanks much!

  4. #14
    Join Date
    May 2004
    Posts
    2,532

    Default

    If you might end up in the TT you need to make 100 percent sure you have done all according to the book. Which means first issuing 14 day notice/s about tenant impacting the quiet enjoyment of another of your tenants. With details. Give the tenant the chance to set things right with a formal notice, one or more. Keep perfect records. Then you have something to go to the TT with.

    Since the tenant is accusing you of harassment she might take you to the TT. Or counter claim.

    Never know with the TT but can't see that offering incentive to move would work against you, provided it was done civilly.

    Meantime, make sure you are doing regular inspections, always with proper notice etc.

  5. #15
    Join Date
    Mar 2010
    Location
    Lower Hutt
    Posts
    368

    Default

    Hiya,

    Agree with what Artemis says about s45, however it is actually s40(2)(c).....so I would send them a 14 day notice to remedy the situation under this act and mention in the 14 day notice that if in breach of that ACT the tribunal could fine them up to $2000.00
    Fraser Wilkinson
    www.managemyrental.co.nz
    Wellington / Lower Hutt / Upper Hutt / Porirua


 

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