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  1. #1
    Join Date
    Oct 2016
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    231

    Default New rental rules and fixed term tenancy question

    Hi with the new rental rules, is it possible to rent a property for say 9 months and 9 months only, and take it back for 3 months over the summer, and rinse repeat?

    Thanks

  2. #2
    Join Date
    Nov 2006
    Location
    Cyberspace
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    5,916

    Default

    Depends upon who owns it.

  3. #3
    Join Date
    May 2007
    Location
    Hamilton
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    3,684

    Default

    Quote Originally Posted by Keys View Post
    Depends upon who owns it.
    I'm presuming this is a holiday home.

    If so, is wanting to use the property as a holiday home over summer a reason you can give to cease the tenancy?

    This presumably wouldn't be the owners main place of residence.

    If this isn't a valid reason (which I would hope it isn't), then does it matter who owns it?

    Ross
    Not sure where to start, book a free chat for 5-10 minutes https://cswaikato.co.nz/services-pro...s-hamilton/201
    Ross Barnett - Coombe Smith Property Accountants


  4. #4
    Join Date
    Oct 2016
    Posts
    231

    Default

    (under new rules)

    if there is a fixed term tenancy, then i would have thought the word fixed term means the tenancy has an end date.

    so under the new rules, there is no such thing as a fixed term tenancy and the tenant can stay as long as they like?

  5. #5
    Join Date
    May 2008
    Posts
    3,691

    Default

    Should be no problem doing this.
    Rent it for 9 months then terminate as you want to change its use to PPOR.
    Revert to a rental after the summer 3 months.
    Repeat each year.

  6. #6
    Join Date
    May 2004
    Location
    Christchurch
    Posts
    591

    Default

    If it is a student town it would be a win win!

  7. #7
    Join Date
    Nov 2006
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    Default

    Quote Originally Posted by Rosco View Post
    If this isn't a valid reason (which I would hope it isn't), then does it matter who owns it?
    Indeed it does. Family Trusts and Companies do not have family. Therefore the tenancy can not be terminated under that clause.

  8. #8
    Join Date
    May 2007
    Location
    Hamilton
    Posts
    3,684

    Default

    Quote Originally Posted by Keys View Post
    Indeed it does. Family Trusts and Companies do not have family. Therefore the tenancy can not be terminated under that clause.
    As I put in my comment, would this apply to holiday home? If they want to use it for 3 months which I presumed was for a holiday home, then can they use this clause as I'm guessing it won't be their main house.

    Ross
    Not sure where to start, book a free chat for 5-10 minutes https://cswaikato.co.nz/services-pro...s-hamilton/201
    Ross Barnett - Coombe Smith Property Accountants


  9. #9
    Join Date
    May 2008
    Posts
    3,691

    Default

    Quote Originally Posted by Keys View Post
    Indeed it does. Family Trusts and Companies do not have family. Therefore the tenancy can not be terminated under that clause.
    I assume most rentals will be owned by trusts or companies.
    Does this mean the TT won't accept the 'change of use' clause - family member moving in - ?
    How would you remove a tenant if the property is owned by a trust or company?
    Should we own all rentals in our own names?

  10. #10

    Default Change of Use

    Quote Originally Posted by Keys View Post
    Indeed it does. Family Trusts and Companies do not have family. Therefore the tenancy can not be terminated under that clause.
    Hmm, but surely by definition a Family Trust has beneficiaries which will be family members. Hence the change of use would be from rental to use by a beneficiary of the trust?
    I would (naively?) hope that this is the sort of detail that gets sorted out during drafting and submissions cycle


 

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