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  1. #11

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    Quote Originally Posted by Castlerose View Post
    Hello, Thanks for getting back to me and your compliment What the tenancy act outlines is basically that tenants are allowed to live their life within fair reason and without interference from the landlord (quiet enjoyment) - you cannot legally restrict them from having visitors or people stay overnight etc. Your clause (as you've written it above) only requires up to 2 occupants - thats all; it in no way forbids visitors or people staying over - if that was your intention then that is certainly not clear by any means, and probably just as well because forbidding visitors (I believe) would be an illegal clause. If you want to clarify that area of the tenancy you need to be a lot more specific about the amount of days per week or month etc anyone else can stay over before that person then becomes another tenant (whether named on the contract or not.) The tricky part is you cannot have an illegal clause in the tenancy agreement - you cannot contract out of the law; if you add your own clauses they must still be legal under the Tenancies Act or you will get a very big telling off by T/services or even fined. Going by what your tenant has written they are not breaching the contract or the Tenancies Act I'm sorry; they have people stay over as opposed to living there which you cannot prevent and his words are evidence in support of having visitors - not in support of your claims. You also MUST respond to the tenants' question "is that ok with you?" - with either a yes or a no and you need to outline the reasons why. Any adjudicator needs to see that you've been fair and kept your tenant informed. If you do nothing, it could be seen that you have accepted his explanation and therefore you accept the visitor situation as he has outlined it to you and once you're deemed to have accepted something you usually cannot go back and 'change your mind' - the courts work very differently to how we think... If you don't accept his explanation you can apply to Tenancy services stating your concerns and to have your contract amended to include a maximum amount of nights extra people can stay before they become a tenant or similar - I'd ask if that was possible - its always best to defer to the adjudicator if you want your request to be considered favourably... I have no idea how you would get on as you have no rights in stipulating visitors etc (as far as I'm aware) and would need to word your application that you're unsure if they're being honest and you are therefore seeking guidance/help from TS to add a stipulation to your contract to clarify the situation for both parties sakes. Proving they may be lying would be very difficult - again, just put the rent up... There is a book called the Conveyancing Law Handbook by Drake, Lay, Varnham & Thomas, published by CCH New Zealand which has an excellent overview chapter on Tenancy law, landlord and tenant obligations etc. I refer to it all the time and it is a very handy book for any landlord to have; available from any polytech or university bookstore or maybe even online. Make sure you get the latest edition as some laws have changed since the earlier publications. All else fails - read the legislation. All the best.
    Hi there thanks again for taking the time of answering such in details. by the sound of it it looks like I am unable to do anything and they will get away with it a part obviously of going there every 4 weeks and check. One more question. at the end of the term what will be the legal way to not renew their contract?
    Last edited by FASATRIX; 13-08-2019 at 05:35 PM.

  2. #12

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    Hi again; You do still have options - as I've outlined, you don't have to accept the situation. Terminating a tenancy is outlined in s50 of the Tenancies act. If it is a fixed term contract the tenancy ends when the contract ends. You need to communicate with the tenant a few weeks before though as some may not realise they have to move. You'll need to advise them you will not be renewing their contract.
    I'd be careful though, if they're good tenants otherwise & pay their rent on time etc you may want to weigh up the risk - the next tenants could be better - or a lot worse... If this is the only issue you have with them, renew the contract at a higher rent with a new clause stipulating no others to stay more often than 7, 10 days per month or whatever you want (can always ask T/services.) Plus you can also put a clause in allowing you to increase the rent as necessary within the period/term of the lease - following the legal requirements of the act of course.
    The new lease is a new contract so you can put in further clauses if you want but you need to give them notice of any new clauses so they have time to make a decision on staying or going. If the fixed term lease comes to an end and nothing is done by either party (so no new contract is signed & you haven't told them to go) the fixed term contract rolls over to become a periodic tenancy and the tenants can stay on until such time as you give notice in line with periodic tenancy requirements.
    As I suggested, read the legislation or get the book - as a landlord you have an obligation to know tenancy law - not knowing something is no excuse under the law. All the best.


 

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