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  1. #1
    Honest Guest

    Default Where are Landlords rights?

    Hi all,

    New to this forum but will appreciate all the help and support. We as landords are lost, feel hopeless with the current laws around 90 days notice being termed as retaliatory.

    Our last 90 days notice for the 3rd time was again challenged by Tenants as retaliatory and was in TT very recently. We were not given fair chance to speak for ourselves. We were interrupted every time we wanted to speak or give evidence. Where as at the same time tenants were given every opportunity to present all the evidence. So much so even the decision or court orders has wrong data points on it which has impacted the decision making made by the adjudicator. Obviously because she ignored our evidences.

    In the previous hearing when our 90 days notice was being considered as retaliatory as termed by tenants, we gave all the evidences that why its not retaliatory and we need to move out to relocate temporarily to get the renovation works completed in our current residing property, also that we need to do some improvement works at our rental property which we had planned last year before even starting of the tenancy. Also we need the property in vacant state so its easy for us as landlords to assess the infinite claims made by tenants around property being flooded etc.

    To be noted that ever since the tenancy started last year, up till now we have spent more than $20,000 in maintenance works including major drainage works which is fine, we have no issues around that. Our intention has never been to upset the tenants When the court orders for this previous hearing came we also had to give compensation for the inconvenience caused to the tenants during the flooding episodes that happened over queens birthday weekend 2018 and also 15/16 july. Even after submitting the evidences the court set aside our 90 days notice.

    We gave notice again 90 days. It was again challenged as retaliatory by tenants. We felt helpless while trying desperately to stand up for our right and get our asset/house back when we need it the most today. We kept requesting the adjudicator that we need to move back because there could be some health and safety risks in our current residing property as renovation works are continuing and that I have little kids. We told her our parents are also visiting from overseas. She argued how can we have our parents come in when we are having renovations done at our property? How can an adjudicator be so partial?

    Isnt our 90 days notice will always be regarded as retaliatory because our tenants dont like us and are always in the investigative mode around property taking pictures of every corner of the house? What is the cool off period? When can we give our next notice? But that will be linked to the court case again!! So we are back to square one. When we will know that tenants feelings have suddenly changed and they like us and wont term our next notice as retaliatory?? What day of the week, week of the year should we wait to give them notice to vacate our property? Its infinite isnt it? The adjudicator had no answers to all these questions. What an absolute misuse of retaliatory notice and misuse of law!! It is with great sadness that tenancy laws in NZ are so deceptive and decisions made by adjudicators are mostly in favour of tenants regardless who is at fault.

    I think the Tenancy Law changes that are still to come are already being exercised. Our tenants signed from one year fixed term to periodic because they were unhappy with the house and wanted to move to a better house which obviously to date they have not!! Its going to be one year soon. Past 3 hearings they have claimed they have been looking for a house, from May 2018.. but have not found anything. But as landlords we need to move on. We have plans. I feel absolutely gutted with adjudicator's favouritism and lost as what should we do next. Can we lodge a complaint against her? Why am i being denied my basic right to use my asset when I need it the most today. I strongly believe there are no laws in support for landlords rights. We are lost. Any help would be greatly appreciated
    Last edited by Perry; 03-02-2019 at 12:31 PM. Reason: formatting

  2. #2
    Join Date
    Aug 2003
    Posts
    7,672

    Default

    Hi Honest,

    Welcome to PropertyTalk.

    Check out this forum here for discussions on tenancy and tribunal etc. I am sure you'll find some interesting discussions relating to your experience.

    Including the two 'sticky' threads at the top of that forum titled 'property management'.

    cheers,

    Donna
    PropertyTalk Blog - property articles

    BusinessBlogs - the best business articles are found here



  3. #3
    Join Date
    May 2004
    Posts
    2,837

    Default

    Hopefully the new 90 days notice will be able to take effect.

    You do have some rights as landlord. You can and should increase the rent according to the rules (see Tenancy Services website - make sure you gather evidence first that the rent is not significantly greater than market rent). You can inspect the property and carry out maintenance, also according to the rules. You can issue 14 day notices to remedy rent arrears or some other things. You can appoint an agent eg property manager, and notify the tenants. You can enter the grounds without notice.

    With these tenants you need to be careful to do everything exactly by the book.

  4. #4
    Join Date
    Mar 2013
    Location
    Auckland
    Posts
    1,678

    Default

    Quote Originally Posted by artemis View Post
    With these tenants you need to be careful to do everything exactly by the book.
    And the book says that as well as putting up the rent and doing outdoor maintenance without giving notice, you can do monthly inspections.
    My blog. From personal experience.
    http://statehousinginnz.wordpress.com/

  5. #5

    Default

    Your not the landlord owning Easy Rent Shop I’ve read about in the news are you?

    https://www.stuff.co.nz/business/pro...g-homelessness

  6. #6
    Join Date
    May 2004
    Posts
    2,837

    Default

    Quote Originally Posted by sidinz View Post
    And the book says that as well as putting up the rent and doing outdoor maintenance without giving notice, you can do monthly inspections.
    Heh, was I too subtle?

  7. #7
    Join Date
    Mar 2013
    Location
    Auckland
    Posts
    1,678

    Default

    Quote Originally Posted by artemis View Post
    Heh, was I too subtle?
    I thought so, given that OP sounded inexperienced and not a native English speaker.
    My blog. From personal experience.
    http://statehousinginnz.wordpress.com/

  8. #8
    Join Date
    Oct 2015
    Location
    Rotorua
    Posts
    476

    Default

    Why are you lost??? You don't like decision of TT and certain you're right? Then you apply to District Court!
    And although entire justice system is shit and joke there's been plenty of cases where DC overturned monkey TT rulings

  9. #9
    Join Date
    Jan 2009
    Posts
    178

    Default

    Possession is 9/10 of the law. You have the power to take it and issue a trespass order. I read on stuff about a landlord who did that, as well as doing many things wrong...they were fined $1500. Now compare that to 3 months lost rent.

  10. #10
    Join Date
    Nov 2006
    Location
    Cyberspace
    Posts
    5,814

    Default

    Quote Originally Posted by crashy View Post
    I read on stuff about a landlord who did that, as well as doing many things wrong...
    What would you position be if the lovely TT awarded possession back to the tenant?


 

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