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  1. #11

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    Quote Originally Posted by redraspberry194 View Post
    Thanks for the comments. I explained our situation and uncomfortable-ness to the bank and they actually rather 'shirty' with me. Honestly..
    The Bank I presume?

  2. #12

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    yes, they didn't seem to like us saying no.

  3. #13
    Join Date
    Nov 2015
    Posts
    194

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    Quote Originally Posted by redraspberry194 View Post
    yes, they didn't seem to like us saying no.
    Can't remember if you said or not, but which bank is being a muppet?

  4. #14

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    Quote Originally Posted by redraspberry194 View Post
    yes, they didn't seem to like us saying no.
    I would essentially tell them to stick it - they have no rights or leverage and it's down to your generosity whether they get access or not and point out they're being rude and that isn't going to help their case.

    However, I would not be letting them in if your tenant does have financial issues as if you're not getting paid it removes your option to change the locks and keep their assets. The latter is dubious in legality but once you've got the assets it's a painful process to get them back for either the bank or the tenant and provides leverage. If the tenant goes under owing you $ the bank would be ahead of you in the queue as a secured debtor so you could kiss those $s goodbye.

    On an associated point I treat banks as what they are - service providers who want my business. This includes calling them out on stupidities and process issues that are their problem and not mine. This has occasionally resulted in being exceedingly abrupt without being unreasonable. They don't seem to know how to cope and are used to being treated almost with reverence in NZ. It's worked like a charm for me for 40 years.

  5. #15
    Join Date
    Sep 2004
    Location
    Hastings
    Posts
    14,140

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    Quote Originally Posted by Scouser View Post
    However, . . . if your tenant does have financial issues . . . it removes your option to change the locks and keep their assets.
    How would you do that and remain in lawful compliance with the RTA?
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  6. #16

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    Quote Originally Posted by Perry View Post
    How would you do that and remain in lawful compliance with the RTA?
    RTA does not apply to commercial leases. So rather easily.

    It is, however, against the Property Laws Act 2007. Before that it was legit.

    I did state it was of dubious legality and the best one can do is delay their access by removing their access to the property and their goods. Note I said keep and not seize. Seizing their goods is not an option. You can make it difficult for them as they would need to get solicitors involved with $ associated to get the goods back quickly. That provides leverage. If a bank is involved expect the solicitors letter immediately. As far as I am aware one can only sell tenant's goods if they're abandoned and they don't remove them when requested though I'm not 100% sure of that.

    I am assuming that the tenant has behaved rather badly here and one feels comfortable playing a little dirty in response. An unusual situation.

  7. #17

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    so it the tenant gets into trouble isnt he going to be behind in the rent as well?

    If so, taking possession of equipment before the banks do might be your only recourse?? sounds like you were effectively becoming a second tier creditor and giving bank 1st dibs?

    sorry just read "scousers" post and he explains it well. Dont sign?
    Last edited by John the builder; 28-07-2018 at 11:38 AM.


 

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