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Topic # 114262 13-Feb-2013 23:19
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Interesting development. 

"The tenant" moves out. But he has a sub-tenant who remains. I have no agreement with this sub-tenant. I gave notice to the only tenant of record...and he is leaving tomorrow. 

I called the Tenancy Tribunal. They said that the original agreement allows any subtenants to remain until I get an Order they leave from the Tribunal....but that the original tenant (who may have left) remains liable for all the rent until all his sub-tenants also leave. 

So I can't kick the sub-tenant out.....but his mate, the (former) tenant remains on the hook for the rent as long as the sub-tenant remains there.

This is interesting stuff. 
 




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  Reply # 762025 14-Feb-2013 06:08
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I believe this is why most contracts don't allow sub-leasing. Does the sub-tenant have a contract signed up with the tenant, because if not I would ave thought they wouldn't have a leg t stand on.





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  Reply # 762028 14-Feb-2013 06:41
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Being a landlord really opened my eyes up to the sub culture that exists in NZ. Most tenants are great, but a very small percentage have no intention of looking after the place or paying the rent.

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Reply # 762029 14-Feb-2013 06:51
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I smell something odd here, mainly your been given dodgy information by the tenancy hotline unless you do have a contract or your previous tenancy contract allowed for sub letting the RTA only deals with the relationship between you and your tenant and even the boiler plate contract has "The tenant shall not assign or sublet the tenancy without the landlord's written consent" so either you or the previous owner established written consent or you have a simple matter or a trespasser and all you need to do is issue a trespass notice with the police and have that enacted   Any breach of a tenancy would be between the supposed sub tenant and the tenant you had removed. so either more is going on here than your saying or just issue a trespass notice.

in your possession order it was for vacant property so did you carry through with the possession order or did he appear to have moved out, and so you stopped the process?  I would carry through with the process have the bailiff remove anyone from the property as your order would be for vacant possession.



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  Reply # 763217 15-Feb-2013 19:27
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kontonnz:

I smell something odd here, mainly your been given dodgy information by the tenancy hotline unless you do have a contract or your previous tenancy contract allowed for sub letting the RTA only deals with the relationship between you and your tenant and even the boiler plate contract has "The tenant shall not assign or sublet the tenancy without the landlord's written consent" so either you or the previous owner established written consent or you have a simple matter or a trespasser and all you need to do is issue a trespass notice with the police and have that enacted   Any breach of a tenancy would be between the supposed sub tenant and the tenant you had removed. so either more is going on here than your saying or just issue a trespass notice.

in your possession order it was for vacant property so did you carry through with the possession order or did he appear to have moved out, and so you stopped the process?  I would carry through with the process have the bailiff remove anyone from the property as your order would be for vacant possession.


I'm carrying on the process.....but the hearing isn't until February 26th. I don't have a valid possession order as you can't even apply for one until the final date of the tenancy has passed. I could have applied for a termination of the tenancy - which INCLUDES a possession enforcement element by default - but I did not ask for one as I had already given them notice....and - at that point - didn't imagine they wouldn't actually.......leave. 

My bad. "Apocolypse Now" tiger scene: "Always ask for termination and arrears! Always ask for termination and arrears! Always ask for termination and arrears! Always ask for termination and arrears!" ....etc...




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