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  1. #1

    Default Persistent Tenancy Problems & PM Reluctance

    Hiya y’all I’m new to this forum, but I’ve been reading quite a lot of various posts over the past two years I’ve owned rentals and you all seem to have a fair bit of knowledge on the subject of owning properties so I’d like to ask some advice if I may.

    I’ve got a tenant who is continually damaging my property, small things at first that he has managed to fob off on his kids but now it seems to be escalating (frequency and level of damage) but he’s still pulling the “my kids did it” bullshit which is working for the property managers but not for me. I’m arguing that he doesn’t tell the PM right away and he either tries to hide it or acts surprised (and then later goes into denial) when the PM does their 12 weekly inspection and those are not the actions of an innocent person.

    Ive told the PM that I want the property inspected every 4 weeks from now on but only until we can get on top of the damage and his behaviour improves. My reasoning is that if we can find the damage sooner and then issue the required notices to fix or get a tradie in and send him the bill then hopefully this should be enough pressure on the tenant to both control his kids (if it is indeed his kids, and I have my doubts it is) AND tell the PM exactly when the damage happens but the PM says 4 weekly inspections could be seen as harassment and he can’t do it.

    Currently I’ve estimated that I have about $1500 worth of plastering to rectify and then of course it needs to be painted as well as missing gutter downpipes? Broken windows and an oven that hasn’t been cleaned for ever, the list goes on and on not to mention he’s a habitual “late payer”. I’m sick to death of bloody 14 day notices, he’s had 8 since Oct 2019 but when I mention the subject with the PM of getting his tenancy terminated based on the fact that he is clearly not listening to anything we say the PM says:

    we can’t evict him if he rectifies the issues within the 14 days notice regardless of the fact that the same issues keep happening and that with regards to the holes in the walls it would be best to just wait until he moves out and we fix it all then and claim for the total costs at the end with the TT.

    we can’t increase his inspection frequency to 4 weekly from 12 weekly even though he doesn’t notify the PM at the time of the damage because it would be seen as harassment by the TT.

    I feel powerless and unsupported by my PM. He put them in there but doesn’t seem to want to put in the extra work to keep them in line and poo poos my suggestion that surely we have enough grounds to evict given all that’s happened in such a short space of time, and that it appears to be getting worse.

    Does anyone know of any TT cases that have succeeded with eviction based on cases such as ours? If I can show the PM that a precedence has been set and it was successful then surely he can’t argue? And YES before you mention It I am going to give him the heave ho but I want him to clean up this mess that he made first and get the pigs out of my house FIRST, I don’t want to step in halfway and potentially miss something and then find out that the TT thinks he should stay. That would knot my undies even more!

    HELP. ALL ADVICE IS WELCOME ��

  2. #2
    Join Date
    Apr 2004
    Location
    Auckland
    Posts
    1,965

    Default

    Fire your PM.
    Issue a 90 day notice to the tenant.
    Damage caused by "the kids" is still the tenants responsibility.
    The three most harmful addictions are heroin, carbohydrates and a monthly salary - Fred Wilson.

  3. #3
    Join Date
    Aug 2003
    Posts
    7,765

    Default

    What about that new rule on 'no bad behaviour' reason for eviction - i.e. impossible to get rid of bad tenants?
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  4. #4

    Default

    Yes, weíre too bloody scared to use the 90 day now just in case some bleeding heart Labour minister goes ďoh poor, tenant they were just misunderstood you landlords have no heartĒ (but obviously an open check book and unlimited funds)

    Iíve instructed our PM not to give the tenant anymore reminders about late and missing rent, theyíve had 3 x 14 dayers for this since Oct 2019, and on the 21st day that they are behind (even if itís only by $20) heís to file for eviction right away and Iím hoping the TT will grant it based on this and everything else theyíve managed to get around so far.

    What do you guys think? Iím at my wits end with them but I need to do it properly.

  5. #5
    Join Date
    Aug 2010
    Location
    Christchurch
    Posts
    210

    Default

    90 Days Notice while you still can do these!! 4 weekly inspections can be done I've done them in the past. Your PM is taking the Mickey get rid of him when he's gotten rid of the Tennant he put in there after he's claimed through TT for all the damaged he currently knows about and as yet undiscovered damages.

  6. #6

    Default

    90 notice then if they stop paying rent, I take it itís a 14 day also?

  7. #7
    Join Date
    Apr 2005
    Posts
    2,824

    Default

    I just think you and your tenant are mismatched.
    You need a more ordered tenant, and you tenant needs a more casual landlord.

    Next time make sure you get a more considerate tenant.


    Removing the emotional attachment, it's a numbers game.
    Can you get those repairs done immediately and keep sending the tenant the bill?

    That might solve both your problems.

    You just need to keep the cost of outstanding repairs under the bond amount.
    I think those bills, if they remain unpaid, will solve your other problem.

    I like the idea of Abuser pays.
    I'm dead keen to see if the cost, presented immediately to his face, will alter his behavior.

    Seems to work for speeders, but only for some.
    Last edited by McDuck; 05-02-2020 at 07:36 AM.

  8. #8
    Join Date
    May 2004
    Posts
    2,888

    Default

    Is it a periodic or fixed term tenancy? If periodic, 90 day notice, no reason but notice should say 'or earlier if ordered by the Tenancy Tribunal'. If fixed term, that is trickier.

    Most PMs are best left alone to get on with it. But if owner and PM are at odds and cannot be resolved by a civil discussion something else need to happen - is there a principal you can escalate to? Meantime everything in writing, and if the PM calls rather than emails, confirm back in writing what is to happen.

    The new rules around termination are not in place yet, and AFAIK changes to the RT Act are still in draft form, if that. It is possible they won't be enacted - there has been a lot of push back and will be more when a tsunami of termination notices hits even slightly risky tenants in a rental shortage.

  9. #9
    Join Date
    Jun 2004
    Posts
    10,544

    Default

    Quote Originally Posted by Jenks View Post
    Yes, we’re too bloody scared to use the 90 day now just in case some bleeding heart Labour minister goes “oh poor, tenant they were just misunderstood you landlords have no heart” (but obviously an open check book and unlimited funds)
    Your Labour Minister won't be at the TT to say anything so what are you worried about?

  10. #10

    Default

    I had a labour minister sit in (uninvited) to a LBPB hearing I had recently and I questioned it later to be told that because it’s in a public area I couldn’t deny them so never say never, they’re getting fidgety and they seem to be popping up a lot lately. It might be that it’s election year? Maybe they’re just trying to get a reading on the public? Who knows, but I hope they learn something from sitting in.


 

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