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  1. #1

    Default Recovering Opex (rent ) in arrears without threatening Termination of Lease - options

    Hi Everyone
    I have a tenant digging in their heels regarding the payment of Insurance. All 6 other tenants in our complex have done so as they do every year. I have sent letters, quoted the lease, had the lawyer send a letter explaining consequences and asking for payment within 10 days. Still ignoring me.

    It is possible these tenants want their lease terminated.

    How can we recover rent in arrears without threatening to terminate the lease ? Something that may prompt them to pay and would cost them in legal fees to deal with. I know this wouldn't lead to very good tenant / landlord relations , but these tenants have never been that easy to deal with (although they are long term tenants).

    Thanks in advance for any assistance.

  2. #2
    Join Date
    Mar 2015
    Location
    Brisbane Wellington Auckland
    Posts
    736

    Default

    Quote Originally Posted by redraspberry194 View Post
    Hi Everyone
    I have a tenant digging in their heels regarding the payment of Insurance. All 6 other tenants in our complex have done so as they do every year. I have sent letters, quoted the lease, had the lawyer send a letter explaining consequences and asking for payment within 10 days. Still ignoring me.

    It is possible these tenants want their lease terminated.

    How can we recover rent in arrears without threatening to terminate the lease ? Something that may prompt them to pay and would cost them in legal fees to deal with. I know this wouldn't lead to very good tenant / landlord relations , but these tenants have never been that easy to deal with (although they are long term tenants).

    Thanks in advance for any assistance.
    ADLS lease ?

  3. #3
    Join Date
    Sep 2007
    Location
    Auckland
    Posts
    8,180

    Default

    Do you have a personal guarantee?

    Take them to the Disputes Tribunal.
    Squadly dinky do!

  4. #4
    Join Date
    Apr 2009
    Posts
    830

    Default

    Better to do without the headache and have them out. Tell them you will change the locks. If they haven't paid on the ten days notice then you take them to court. If they don't attend court then they will have a bad record against them.

  5. #5
    Join Date
    Sep 2007
    Location
    Auckland
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    8,180

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    Quote Originally Posted by DaveW View Post
    Better to do without the headache and have them out. Tell them you will change the locks. If they haven't paid on the ten days notice then you take them to court. If they don't attend court then they will have a bad record against them.
    You can't just go and change the locks. There's legal notices etc. that have to be served first.
    Squadly dinky do!

  6. #6
    Join Date
    Apr 2009
    Posts
    830

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    Quote Originally Posted by Davo36 View Post
    You can't just go and change the locks. There's legal notices etc. that have to be served first.
    Do you find that effective ?

  7. #7
    Join Date
    Sep 2007
    Location
    Auckland
    Posts
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    Yep.

    Kicked them out, then took them to the Disputes Tribunal and got the solicitor's costs (for preparing Property Law Act notices), alarm and locksmiths costs, outgoings etc. Then got a really really good tenant in.

    But as I say, you can't just show up one day and change the locks, you'd be in for a world of hurt I reckon. They can claim you've interrupted their business, caused them loss of income etc.
    Squadly dinky do!

  8. #8
    Join Date
    Apr 2009
    Posts
    830

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    Quote Originally Posted by Davo36 View Post
    Yep.

    Kicked them out, then took them to the Disputes Tribunal and got the solicitor's costs (for preparing Property Law Act notices), alarm and locksmiths costs, outgoings etc. Then got a really really good tenant in.

    But as I say, you can't just show up one day and change the locks, you'd be in for a world of hurt I reckon. They can claim you've interrupted their business, caused them loss of income etc.
    I said "TELL them you're going to change the locks". Look sometimes you have to dish them the same shit they dish out. I know two wrongs don't make a right but they owe money and likely to continue to be a nuisance. They only have to make a payment to delay your notices and then they can go back to being a non payer.

  9. #9
    Join Date
    Mar 2007
    Posts
    112

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    Quote Originally Posted by Davo36 View Post
    Yep.

    Kicked them out, then took them to the Disputes Tribunal and got the solicitor's costs (for preparing Property Law Act notices), alarm and locksmiths costs, outgoings etc. Then got a really really good tenant in.

    But as I say, you can't just show up one day and change the locks, you'd be in for a world of hurt I reckon. They can claim you've interrupted their business, caused them loss of income etc.
    You do need to follow the legal process.

  10. #10
    Join Date
    Sep 2007
    Location
    Auckland
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    Quote Originally Posted by DaveW View Post
    I said "TELL them you're going to change the locks". Look sometimes you have to dish them the same shit they dish out. I know two wrongs don't make a right but they owe money and likely to continue to be a nuisance. They only have to make a payment to delay your notices and then they can go back to being a non payer.
    Yep, so the idea is to get them out rather than have to endlessly chase them.

    I agree telling them you will change the locks is a good idea.

    But if they ignore that, then serving notices has to be the next step right?
    Squadly dinky do!


 

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