Tenancy Problem and no Tenancy Agreement

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tdgeek

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#151548 28-Aug-2014 18:51

I've had a quick browse of the website, but I'd like a bit of a headstart from those here that are in the know.

Our rental property has been rented to a relative for a few years, no tenancy agreement. There are arrears due to missed and short rents. They both work, my relative is the female. Arrears were circa $2800, been reduced to $1800 last check. I am done with this emotionally. Close relative, so I do feel extremely hurt and used.

While there is no Tenancy Agreement, do I have any coverage under the Act? There is evidence that a rental exists, so I assume Specific Performance will apply. Documentation of the arrears are in a spreadsheet, and we have one bank account for the property. I have told the relative that they have to find a new place. Things have become heated, so we are not talking, although I do know they have asked my daughter if she will move in once they move out. Whether the rents cease or fade until they move I have no idea.

I gather if the house is to be sold, or we move in, the notice is 42 days. That there are arrears, does this mean a break of contract, and allows an immediate eviction? No, I will be reasonable, subject to what happens with the rents from now on. I'd certainly hate a situation of having to evict them with a bailiff.

Any advice will be very much appreciated.

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#1117471 28-Aug-2014 19:02

From a lawyer

Yes the residential tenancy act applies and you can apply to the tribunal for recovery of rent or to have them evicted from the property for non payment of rent. or if you just want them gone then you can give them notice that you want the place back and time frames you have given are correct.

Geoff E

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#1117472 28-Aug-2014 19:04

I've just moved from a rental where there was no formal agreement in place, Landlord (more his girlfriend) got a little nasty in the process and was breaking a few laws but we thankfully got out of the place quickly as possible.
In regards to Tenancy Law from the questions we asked, even with no written agreement in place you are still covered by the act.
Give Tenancy services a call on 0800 83 62 62 and they will be able to confirm things for you.

tdgeek

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#1117480 28-Aug-2014 19:23

Thank you Geo and DJ, just what I needed to hear.

Regards
Tony

afe66

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#1117484 28-Aug-2014 19:33

First time I rented by house it was to a family friend (of my parents) .
No tenancy agreement , my fault... They decided to only stay 6 months and left in the depths of winter.
I had a hell of a time 're tennanting it. Had to drop rent for first 6 months to fill it.

Learnt my lesson, used tenancy agency for subsequent 7 years, so much easier as I moved town.

A.

Dynamic

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#1117507 28-Aug-2014 20:04

I'm sorry this has turned sour for you. Big mistake not having an agreement. Learn and move on. The relationship is over no matter what happens from here on in so there is no benefit to you being out of pocket as well. Basic tenancy laws apply in the absence of an agreement.

Send them a 90 day eviction notice (unless you have a relative moving in, in which case you can give them 6 weeks notice). You do NOT have to give a reason for the eviction, but if it is a 6 week notice you must advise the place is required for a relative and that is why the notice period is only 6 weeks. Don't lie or it can bite you.
Send the tenant a 14 day notice to remedy along with a summary of rent payments (as outlined below). http://www.dbh.govt.nz/pub-sorting-out-problems#map5
Lodge a case with the Tenancy Tribunal IMMEDIATELY. http://www.dbh.govt.nz/tenancy-tribunal It will take 2-3 weeks from application to the hearing. If the rent continues to be paid, they can issue a notice requiring the outstanding to be repaid within X days, and if this is not done an immediate eviction notice (i.e. 48 hours) can be granted. If the rent is not being paid, an immediate eviction notice can be granted. No matter what the outcome, the $20 paid for the application will not be wasted. In future if a tenant is more than a week behind, lodge an application IMMEDIATELY so if things turn to custard you can get them out earlier (as by the time they are 3-4 weeks behind you should have a hearing date and can get an immediate eviction notice).

Be prepared at the hearing. Take the last few months worth of bank statements along with a written/typed history of rent payments for the last few months (starting at least 2 months before the trouble started so the person running the meeting can see the history at a glance). Have columns for due date, date paid, amount paid, and a running total each rent period of how much is overdue. The better prepared you are and the more documentary evidence you have, the more likely things are to go your way.

Source: I'm an experienced landlord who has had tenancy issues with relatives.

“Don't believe anything you read on the net. Except this. Well, including this, I suppose.” Douglas Adams

BTR

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#1117727 29-Aug-2014 09:00

Evict them following correct legal channels and then prepare for future awkward family gatherings.

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ghettomaster

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#1117735 29-Aug-2014 09:14

The relationship is over no matter what happens from here on in

No apparent room for forgiveness over a couple of bucks. What a sad approach to life.

Dynamic

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#1117742 29-Aug-2014 09:31

ghettomaster:
The relationship is over no matter what happens from here on in

No apparent room for forgiveness over a couple of bucks. What a sad approach to life.

The disrespect being shown by the tenant is huge.
The mortgage which is almost certainly on the property requires payment every fortnight or month. The tenant is putting the property owner into debt by several hundred dollars every week. Would the tenant withdraw a couple of hundred dollars each week and set fire to it? This is kinda what they are doing to the property owner.
Would you be so forgiving if a relative borrowed your car and through their own deliberate choices (i.e. not by accident) put a big dent in it and refused to speak to you about it?

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#1117743 29-Aug-2014 09:32

ghettomaster:
The relationship is over no matter what happens from here on in

No apparent room for forgiveness over a couple of bucks. What a sad approach to life.

It's more than just a couple of bucks though it looks to be $2800 if it were me and it was only 2 or 3 hundred i'd be a bit more lenient but 2800 that's now taking the Pxss family or no they should still pay their rent

tdgeek

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#1117745 29-Aug-2014 09:34

ghettomaster:
The relationship is over no matter what happens from here on in

No apparent room for forgiveness over a couple of bucks. What a sad approach to life.

A) I didnt say that

B) Its not about the money, its about being used. I will forgive, but never trust. Never trust what is said or done from here on. Once they are out of that house, I won't have to deal with the ongoing issues, that's the main need right now.

tdgeek

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#1117746 29-Aug-2014 09:35

Dynamic: I'm sorry this has turned sour for you. Big mistake not having an agreement. Learn and move on. The relationship is over no matter what happens from here on in so there is no benefit to you being out of pocket as well. Basic tenancy laws apply in the absence of an agreement.

Send them a 90 day eviction notice (unless you have a relative moving in, in which case you can give them 6 weeks notice). You do NOT have to give a reason for the eviction, but if it is a 6 week notice you must advise the place is required for a relative and that is why the notice period is only 6 weeks. Don't lie or it can bite you.
Send the tenant a 14 day notice to remedy along with a summary of rent payments (as outlined below). http://www.dbh.govt.nz/pub-sorting-out-problems#map5
Lodge a case with the Tenancy Tribunal IMMEDIATELY. http://www.dbh.govt.nz/tenancy-tribunal It will take 2-3 weeks from application to the hearing. If the rent continues to be paid, they can issue a notice requiring the outstanding to be repaid within X days, and if this is not done an immediate eviction notice (i.e. 48 hours) can be granted. If the rent is not being paid, an immediate eviction notice can be granted. No matter what the outcome, the $20 paid for the application will not be wasted. In future if a tenant is more than a week behind, lodge an application IMMEDIATELY so if things turn to custard you can get them out earlier (as by the time they are 3-4 weeks behind you should have a hearing date and can get an immediate eviction notice).

Be prepared at the hearing. Take the last few months worth of bank statements along with a written/typed history of rent payments for the last few months (starting at least 2 months before the trouble started so the person running the meeting can see the history at a glance). Have columns for due date, date paid, amount paid, and a running total each rent period of how much is overdue. The better prepared you are and the more documentary evidence you have, the more likely things are to go your way.

Source: I'm an experienced landlord who has had tenancy issues with relatives.

Tks for the detail, much appreciated

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Glassboy

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#1117749 29-Aug-2014 09:38

tdgeek: I've had a quick browse of the website, but I'd like a bit of a headstart from those here that are in the know.

Hi tdgeek. For any questions not answered on the web site give the contact centre a ring on 0800 83 62 62 (0800 TENANCY). There are a lot of great knowledgeable people working on it (and they can cater for 43 different languages). You'll have a completely different experience than ringing a ISP's call centre.

tdgeek

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#1117750 29-Aug-2014 09:40

Athlonite:
ghettomaster:
The relationship is over no matter what happens from here on in

No apparent room for forgiveness over a couple of bucks. What a sad approach to life.

It's more than just a couple of bucks though it looks to be $2800 if it were me and it was only 2 or 3 hundred i'd be a bit more lenient but 2800 that's now taking the Pxss family or no they should still pay their rent

Its not about the money, but yeah, help people, be flexible over shortfalls. It's pretty hurtfull to finally accept that you've just been used, but it is what it is. You can choose your friends but not your family. Motto is never rent out to anyone you know, lesson learned.

Tks for the replies guys

tdgeek

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#1117751 29-Aug-2014 09:42

Glassboy:
tdgeek: I've had a quick browse of the website, but I'd like a bit of a headstart from those here that are in the know.

Hi tdgeek. For any questions not answered on the web site give the contact centre a ring on 0800 83 62 62 (0800 TENANCY). There are a lot of great knowledgeable people working on it (and they can cater for 43 different languages). You'll have a completely different experience than ringing a ISP's call centre.

I will, and thanks. I will update the rent spreadsheet, and get onto it

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#1118173 29-Aug-2014 20:05

good luck to the op.

i've been through this too and have learnt one over-riding lesson.

never rent to relatives !

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