Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.


12778 posts

Uber Geek
+1 received by user: 2293

Trusted

Topic # 151548 28-Aug-2014 18:51
Send private message

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.

View this topic in a long page with up to 500 replies per page Create new topic
 1 | 2
497 posts

Ultimate Geek
+1 received by user: 114

Subscriber

  Reply # 1117471 28-Aug-2014 19:02
Send private message

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

2634 posts

Uber Geek
+1 received by user: 370

Trusted

  Reply # 1117472 28-Aug-2014 19:04
Send private message

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.



12778 posts

Uber Geek
+1 received by user: 2293

Trusted

  Reply # 1117480 28-Aug-2014 19:23
Send private message

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

Regards
Tony


1784 posts

Uber Geek
+1 received by user: 644

Lifetime subscriber

  Reply # 1117484 28-Aug-2014 19:33
Send private message

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.




2413 posts

Uber Geek
+1 received by user: 704

Trusted
Lifetime subscriber

  Reply # 1117507 28-Aug-2014 20:04
One person supports this post
Send private message

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.

 

     

  1. 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.
  2. 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 
  3. 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.




"4 wheels move the body.  2 wheels move the soul."

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

BTR

1469 posts

Uber Geek
+1 received by user: 431


  Reply # 1117727 29-Aug-2014 09:00
Send private message

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

282 posts

Ultimate Geek
+1 received by user: 76


  Reply # 1117735 29-Aug-2014 09:14
One person supports this post
Send private message

  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.

2413 posts

Uber Geek
+1 received by user: 704

Trusted
Lifetime subscriber

  Reply # 1117742 29-Aug-2014 09:31
3 people support this post
Send private message

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.

<I have self-censored my initial response to this, but your comment made my blood boil>

 

  • 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?




"4 wheels move the body.  2 wheels move the soul."

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

1828 posts

Uber Geek
+1 received by user: 215
Inactive user


  Reply # 1117743 29-Aug-2014 09:32
Send private message

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  



12778 posts

Uber Geek
+1 received by user: 2293

Trusted

  Reply # 1117745 29-Aug-2014 09:34
Send private message

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.



12778 posts

Uber Geek
+1 received by user: 2293

Trusted

  Reply # 1117746 29-Aug-2014 09:35
Send private message

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.

 

     

  1. 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.
  2. 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 
  3. 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

834 posts

Ultimate Geek
+1 received by user: 260

Trusted

  Reply # 1117749 29-Aug-2014 09:38
Send private message

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. 





12778 posts

Uber Geek
+1 received by user: 2293

Trusted

  Reply # 1117750 29-Aug-2014 09:40
Send private message

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



12778 posts

Uber Geek
+1 received by user: 2293

Trusted

  Reply # 1117751 29-Aug-2014 09:42
Send private message

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

1168 posts

Uber Geek
+1 received by user: 147


  Reply # 1118173 29-Aug-2014 20:05
Send private message

good luck to the op.

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

never rent to relatives !


 1 | 2
View this topic in a long page with up to 500 replies per page Create new topic

Twitter »

Follow us to receive Twitter updates when new discussions are posted in our forums:



Follow us to receive Twitter updates when news items and blogs are posted in our frontpage:



Follow us to receive Twitter updates when tech item prices are listed in our price comparison site:





News »

Intel introduces new NUC kits and NUC mini PCs
Posted 16-Aug-2018 11:03


The Warehouse leaps into the AI future with Google
Posted 15-Aug-2018 17:56


Targus set sights on enterprise and consumer growth in New Zealand
Posted 13-Aug-2018 13:47


Huawei to distribute nova 3i in New Zealand
Posted 9-Aug-2018 16:23


Home robot Vector to be available in New Zealand stores
Posted 9-Aug-2018 14:47


Panasonic announces new 2018 OLED TV line up
Posted 7-Aug-2018 16:38


Kordia completes first live 4K TV broadcast
Posted 1-Aug-2018 13:00


Schools get safer and smarter internet with Managed Network Upgrade
Posted 30-Jul-2018 20:01


DNC wants a safer .nz in the coming year
Posted 26-Jul-2018 16:08


Auldhouse becomes an AWS Authorised Training Delivery Partner in New Zealand
Posted 26-Jul-2018 15:55


Rakuten Kobo launches Kobo Clara HD entry level reader
Posted 26-Jul-2018 15:44


Kiwi team reaches semi-finals at the Microsoft Imagine Cup
Posted 26-Jul-2018 15:38


KidsCan App to Help Kiwi Children in Need
Posted 26-Jul-2018 15:32


FUJIFILM announces new high-performance lenses
Posted 24-Jul-2018 14:57


New FUJIFILM XF10 introduces square mode for Instagram sharing
Posted 24-Jul-2018 14:44



Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.



Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.

Alternatively, you can receive a daily email with Geekzone updates.