Tenancy agreements (and ending)

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quickymart

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#243223 1-Dec-2018 19:57

Recently had to move out of my last place as the landlord (apparently) wanted to move back in himself, so I was duly served with 42 days notice.

However since moving out, he's been visiting there twice, otherwise he's never there and the property sits vacant essentially, with no one in there. This was almost three months ago.

Is there some requirement in a tenancy agreement that they need to move in, as they say they will, or can they just say that and leave the property vacant for as long as they like? Personally I thought it would have been better for him to have someone there paying the mortgage off, instead of no one there paying, well, nothing?

I searched the Tenancy Tribunal pages but couldn't find much about this scenario and the requirements once the tenant has indeed moved out.

eph

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#2137893 1-Dec-2018 20:03

There might have been changes of circumstances or something, maybe renovations? But essentially it's his property and he can do whatever he wants with it. Is your concern that you should have been served 90 days notice instead of 42 days?

quickymart

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#2137931 1-Dec-2018 21:32

90 days would have been better. I just thought I heard that there was some law that said they had to move in sooner rather than later. But yes, I guess - his property so he can do with it as he pleases.

blackjack17

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#2137982 2-Dec-2018 05:51

I don't know but could he could potentially be done for fraud/making a fraudulent statement (I don't know the term). If he has just used that class and has no intention to move in.

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tripp

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#2138009 2-Dec-2018 08:35

I guess you could try and get damages at tenancy tribunal (think its up to 1k) for incorrect notice. However it could be any reason why he has not moved in yet. Also it would not be worth the stress or getting your details logged at tenancy tribunal as the orders are searchable. Also some landlords put you on a vetting database so others can see what you were like

TT orders https://forms.justice.govt.nz/search/TT/

https://www.tinz.nz/search.html <-- vetting database

SATTV

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#2138033 2-Dec-2018 09:26

A friend of mine lived in a house in Avondale, Auckland for 18 months and in that time it sold three times, not one visit from new owners or their agants, they were developers.

What may have happened is that your house has been sold to a developer sight unseen, they may need vacant possession so they can develop as soon as the plans are approved etc.

I know enough to be dangerous

quickymart

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#2138036 2-Dec-2018 09:36

Maybe, but the message we got (from the property manager) was that the landlord wanted to move in himself.

I'm not unhappy about it, just frustrated that I was told one thing but it's clearly not the case - otherwise I would have been happy to stay there (and keep paying his mortgage for him).

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lxsw20

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#2138037 2-Dec-2018 09:36

I can understand why you would be annoyed about this, it's a PITA to move. But what have you got to gain by pursuing anything with it? Personally i'd suggest move on, I'm sure you have better things to spend time and energy on.

stinger

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#2138165 2-Dec-2018 14:58

quickymart:

However since moving out, he's been visiting there twice, otherwise he's never there and the property sits vacant essentially, with no one in there. This was almost three months ago.

Out of interest, how do you know this? This seems very stalkerish to me.

hio77

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#2138177 2-Dec-2018 16:33

tripp:

https://www.tinz.nz/search.html <-- vetting database

hm. that's an interesting one

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quickymart

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#2138199 2-Dec-2018 17:45

stinger:

quickymart:

However since moving out, he's been visiting there twice, otherwise he's never there and the property sits vacant essentially, with no one in there. This was almost three months ago.

Out of interest, how do you know this? This seems very stalkerish to me.

We still visit our neighbours quite a bit and they mentioned it. It was a house divided into two.