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Topic # 114185 11-Feb-2013 14:12 Send private message

It's been a while since I was a landlord. back in the 90s. 

But last July we bought a two-flat property in a choice location because we plan to build a house there eventually. But in the meantime, we're landlords. 

One of the tenants was a police officer and his wife. No issues there. Great tenants. 

The other tenant is the brother of the former owner. He's a nice guy except he's usually out of work and rarely pays the rent....and has a lot of really noisy friends. 

I've given him notice....and he's supposed to be out today. He owes me about $3000 in unpaid rent. 

He was, until recently, on home detention (hence can't go to work -> no income -> no rent).  

He's now on community detention and can go to work (and find a new place to live).....but I haven't seen any rent since early December. 

I'd called the Tenancy tribunal and applied for a hearing for unpaid rent and "possession", based on the advice their advice line gave. I went to the hearing and found out you can't apply for possession until AFTER the final date of the tenancy has passed. I should have applied to end the tenancy (which includes possession). 

Oh. 

OK..so they re-submit my application (amended) and I have new hearing date at the end of February.

Meanwhile, the cop and his wife got tired of all the noise and moved out. Empty flat. Can't really rent it for a decent price with the rough crew in the back hanging out on the steps all day. 

The order I have got from the Tribunal for arrears is effectively unenforceable as the guy has no money anyway...and I can't use it to have him removed by the Tribunal. 

It looks like he can sit there, rent free, until at least the end of February...and with him there I can't really rent out the front flat......and no relief in sight for weeks yet. 

Lovely. 

If you're ever a landlord and you have problem tenant? Move early, move fast at the first sign of trouble and make sure you apply for an end to the tenancy and arrears (assuming an ongoing problem) if the person is still there on your property. You'll be put through "mediation"...and it's worth it in so far as the mediator can give you an enforceable order if the conditions aren't met. I already had one of these (back in August).....and let it lapse because the  guy did start to pay rent, and some of the arrears, for a few months (WINZ at first, then his cash jobs). But that "golden age" soon ended...and I was back at square one. 

Don't do that. I've cut this guy so much slack he's like a kite in a high wind. All it got me was good karma and a huge hole in my finances.  By the time this guy is gone I'll be out roughly $6,000 in lost rent...and we're not even talking about any repairs or maintenance. 





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  Reply # 759514 11-Feb-2013 14:16 Send private message

been there done that cost about the same as you estimate. Mine knew the law better than I and knew how long it would take to get rid of them and moved out the day before the order came into force, the money was non recoverable.

Good luck I feel your pain.




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  Reply # 759519 11-Feb-2013 14:20 Send private message

So many land lords get screwed over by low life scum




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  Reply # 759522 11-Feb-2013 14:24 Send private message

Pretty much a nightmare, I feel for you.
I, too, am a landlord, but from a distance (we own a house in Napier, but live in Auckland).
Luckily, touch wood, our tenants are good tenants. We have our property managed by an agency, and every so often the tenant does not pay the rent on the due date. The agency is straight onto them, and usually there is a plausible and acceptable reason, and the rent comes in a day or two late. I have had to lean on the agancy once or twice about informing us when the tenant pays late (as the rent goes into our account that pays the mortgage and if it's late, there is a chance that we wont have enough in there for the payment).
Our previous rental property was in a block of three flats, and one of the other flats had nightmare tenants in it like yours (I don't know if they paid their rent or not, but they were noisy). It made our flat hard to rent out, and we got complaints from the tenants about the neighbours. When we moved back to Auckland, we sold that flat to an owner occupier, and I think the tenant next door has also gone.

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  Reply # 759524 11-Feb-2013 14:26 Send private message

Been down this road. Lost money too.

I found that the Tenancy tribunal is all for the tenant unfortunately.

Use a property manager. Its money well spent.

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  Reply # 759526 11-Feb-2013 14:28 Send private message

Sorry to hear. Sounds like renters get more protection than the landlords. I wouldn't want to be one these days, especially with P epidemic. Just make sure they don't trash the place prior to moving out.

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  Reply # 759542 11-Feb-2013 14:50 Send private message

Problems here too a couple of years ago; tenant didn't pay the rent, moved out, I got a tribunal order for him to pay me which he ignored, he took off to Aussie, and I never got the money.

On the other hand, my current tenants are the best :)

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  Reply # 759552 11-Feb-2013 15:03 Send private message

Sorry to hear about your troubles, it's one of the reasons we have opted to not buy rental property, and have stayed away from Commercial property. If I did rent property it would be through an agent because they understand the law.


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  Reply # 759559 11-Feb-2013 15:22 Send private message

Sorry to hear about your troubles.

I'm renter who has had major problems with both landlords and property management companies. The best/worst was calling up to say we think the roof is leaking because the ceiling tiles are becoming discoloured and sagging. The proposed solution was 'don't put anything valuable under those tiles'. OK...

I have often wondered why there isn't a better mechanism to get good tenants and landlords together.

In this instance I would try to, in a friendly way, get into the flat and take as many pictures as possible. I have heard a lot of nasty stories about tenants who do as much damage as possible before they get moved out.





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  Reply # 759626 11-Feb-2013 16:49 Send private message

yes had the damage, had one tenant that committed suicide in the garage and the place was a mess, got a tenant in who turned about to be a friend of the deceased, so she said she couldn't live there (no I don't know why she moved in) but before she left she ripped up carpets and painted several rooms with white wash because she didn't like the colour.

Maybe we should turn this into a lnadlord/tenant horror thread I'm sure there are some stories to tell




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  Reply # 759633 11-Feb-2013 17:06 Send private message

I am shocked at how ignorant, stupid and disrespectful some tenants are! It is scary!

We're just about to get into the Landlord game were wondering whether we should use a Property Manager. After seeing the discussion here we'll definitely be using one!

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  Reply # 759645 11-Feb-2013 17:20 Send private message

keewee01: I am shocked at how ignorant, stupid and disrespectful some tenants are! It is scary!

We're just about to get into the Landlord game were wondering whether we should use a Property Manager. After seeing the discussion here we'll definitely be using one!


From my experience with property management companies from the tenant side, and friends experience from the landlord side, do some serious research before you decide.

The last company we rented from put our flat on TradeMe, with an invitation to view, before telling us. As you can expect it didn't go down well.

I bad property management company can really make things worse as they represent you to the tenant.  

Good tenants are out their but want to be treated well. 




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  Reply # 759674 11-Feb-2013 18:02 Send private message

+1 for a good property manager, it is not too late to get one.
Are you able to put a trespass notice on the hangers on until your tenant vacates?

John




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  Reply # 759676 11-Feb-2013 18:05 Send private message

Make darn sure you pick a good management company though - I've seen some who won't get off their chuff to do something as important as replace a broken oven, or fix a leaking pipe.

And it's all well and good to talk about how renters are lowlives and so on, but there's a fair share of deadbeat landlords too.

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  Reply # 759698 11-Feb-2013 19:17 Send private message

mattwnz: Just make sure they don't trash the place prior to moving out.


crackrdbycracku: In this instance I would try to, in a friendly way, get into the flat and take as many pictures as possible. I have heard a lot of nasty stories about tenants who do as much damage as possible before they get moved out. 


Just jumped on to say basically the same as this, although I don't think the manner of your approach needs to be anything but bland given you're getting him kicked out. I'm not a landlord and stand to be corrected, but as far as I'm aware you only need to give 24 hours notice of your intention to do a property inspection?

To my mind crackrdbycracku's suggestion about the photo's is spot on. By the sounds of it you're probably going to find a bunch of damage already (which he will likely claim was pre-existing), but get those photo's anyway and if things get worse you can lay a complaint of wilful damage and try to get him charged.

Can you take the order from the Tribunal to WINZ and start getting deductions made from his benefit?

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  Reply # 759702 11-Feb-2013 19:33 One person supports this post Send private message

Have 20 houses and best thing we ever dis was get a property manager - she looks after everythng finds the est tenants and does all the hard yards - the extra 15$ a week she charges per house is well worth it :)

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