Can my grumpy landlord do this ???

[Social_Media_NZT]

They are actually a brand new company that have set themselves up as property managers / rental management people and they wrote to me saying that the rent was going from $400 per week to $450 per week.

I am moving out for two reasons, 1. New work in another town and based on the extra $50 per week increase it is cheaper to move and go closer etc.
So no worries there at all, but when I read online and said in my letter 21 days notice as per the act ???

They got really grumpy and said, fine but we are going to show people though the house as new prospective tenants before your end date in three weeks.

Can they do that ?

Are they allowed or do we have the right to enjoy peacefully until the last day, we clean up and hand the house back.
I am also really pissed off I spend about $300 doing all the gardens now that I am not going to enjoy them, but Oh well, never mind.........

Any experts that can advise, please do ??

[revdev]

Yes they can do that, but you can also ask for some reasonable limits - like for 1 hour max on a Mon & Wed evening etc.

[Wiz]

From your post I get the impression that it is you who has written to them giving 21 days notice, is this right?

[steven anderson]

Yep sure can. I think in the last 28 days they can show prospective tenants through. As revdev states you can place some reasonable limits on letting people through.

[Social_Media_NZT]

From your post I get the impression that it is you who has written to them giving 21 days notice, is this right?

Yes Wiz - your right, we told them, thanks but no thanks and we will move into Hamilton it's self instead of being in the country.

[cube]

Did they give you at least 60 days notice of the rent rise (or was a fixed term tenancy expiring?)

[Keys]

(or was a fixed term tenancy expiring?)

Interesting rules over the end of FTT's. Can't increase the rent at the end of one and the beginning of another with the same tenant.

[donna]

Yes Keys that one caught me out recently - doesn't seem right either....it's not as if the tenant isn't aware of the FTT expiry etc aye.

cheers,

Donna

[essence]

Interesting rules over the end of FTT's. Can't increase the rent at the end of one and the beginning of another with the same tenant.

Yes Keys that one caught me out recently - doesn't seem right either....it's not as if the tenant isn't aware of the FTT expiry etc aye.

If you've got a long term tenant who isn't going to move, how do you put up the rent?? On the "second" FTT do you put in a rent ratchet clause?

[eri]

has been discussed here

my vague recall

if you want to put up the rent

you have to give them the 60? days notice before the lease expires

ie if the lease expires on the 1st of jan

you have to have told them by letter something like 1st of nov

that if they choose to renew

the rent will have been increased to $xxx

[ATandGT]

Not forgetting, the Tenancy Agreement must have one of the following legislated clauses to enable rent increases on a fixed term (I use provision A):

Schedule 1 Clauses for rent increases in fixed-term tenancy agreements

s 24(1A)

• Schedule 1: substituted, on 1 October 2010, by section 88 of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Select one of the following:
Provision A

The landlord may review the rent from time to time and may increase the rent in accordance with section 24 of the Residential Tenancies Act 1986. No increase will take effect within 180 days after the date of the commencement of the tenancy or within 180 days after the date on which the last increase took effect.
Provision B

The rent will be reviewed from time to time and may be increased once in each year to take effect on [date] if prior notice of the increase has been given in accordance with section 24(1)(a) to (c) of the Residential Tenancies Act 1986.
Provision C

The rent will increase by $[amount] on [date], being a date that is at least 180 days after the commencement of the tenancy, and will then increase by the same amount on [date/dates], being [a date that is] [dates that in each case are] at least 180 days after the previous rent increase.

[Social_Media_NZT]

Hi Cube, Yes in fact it was more than 60 days and it is on a week to week agreement, not fixed term.

[Keys]

Week to week agreements don't exist.

[Social_Media_NZT]

Week to week agreements don't exist.

Phi Keys, maybe I got the terminology wrong but it is not a fixed term, so that was the point I was making, my bad!

[eri]

do you mean it's a periodic tenancy then?

it will be written on the tenancy agreement

do you have one?