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.




4916 posts

Uber Geek
+1 received by user: 958

Trusted
Subscriber

Topic # 114262 13-Feb-2013 23:19
Send private message

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. 
 




____________________________________________________
I'm on a high fibre diet. 

 

High fibre diet


Create new topic
247 posts

Master Geek
+1 received by user: 39


  Reply # 762025 14-Feb-2013 06:08
Send private message

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.





4123 posts

Uber Geek
+1 received by user: 842
Inactive user


  Reply # 762028 14-Feb-2013 06:41
Send private message

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.

 
 
 
 


137 posts

Master Geek
+1 received by user: 22


Reply # 762029 14-Feb-2013 06:51
Send private message



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.



4916 posts

Uber Geek
+1 received by user: 958

Trusted
Subscriber

  Reply # 763217 15-Feb-2013 19:27
Send private message

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...




____________________________________________________
I'm on a high fibre diet. 

 

High fibre diet


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 reimagines data centre storage with new 3D NAND SSDs
Posted 16-Feb-2018 15:21


Ground-breaking business programme begins in Hamilton
Posted 16-Feb-2018 10:18


Government to continue search for first Chief Technology Officer
Posted 12-Feb-2018 20:30


Time to take Appleā€™s iPad Pro seriously
Posted 12-Feb-2018 16:54


New Fujifilm X-A5 brings selfie features to mirrorless camera
Posted 9-Feb-2018 09:12


D-Link ANZ expands connected smart home with new HD Wi-Fi cameras
Posted 9-Feb-2018 09:01


Dragon Professional for Mac V6: Near perfect dictation
Posted 9-Feb-2018 08:26


OPPO announces R11s with claims to be the picture perfect smartphone
Posted 2-Feb-2018 13:28


Vocus Communications wins a place on the TaaS panel
Posted 26-Jan-2018 15:16


SwipedOn raises $1 million capital
Posted 26-Jan-2018 15:15


Slingshot offers unlimited gigabit fibre for under a ton
Posted 25-Jan-2018 13:51


Spark doubles down on wireless broadband
Posted 24-Jan-2018 15:44


New Zealand's IT industry in 2018 and beyond
Posted 22-Jan-2018 12:50


Introducing your new workplace headache: Gen Z
Posted 22-Jan-2018 12:45


Jucy set to introduce electric campervan fleet
Posted 22-Jan-2018 12:41



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.