Evicting a Tenant - Amazon S3s3-ap-southeast-2.amazonaws.com/rw-nz-media/... · 311 Manukau Road,...

4
Pat Taylor Realty Ltd Licensed (REAA 2008) 311 Manukau Road, Epsom, Auckland. Ph 623 3000. [email protected], www.rwepsom.co.nz abode Pat Taylor Realty Ltd Licensed (REAA 2008) MAY2012 Recent Rentals Ellerslie Townhouse, 2 level, quiet cul-de-sac, 2 bathrooms, double garage. Our figure (per week) $550 MREINZ Statistics Median Price $497 Mt Eden House conversion, 2 bedrooms, spacious off street parking, Grammar Zone. Our figure (per week) $450 MREINZ Statistics Median Price $420 Epsom Large character bungalow, 3 bedrooms and sleep out, work kitchen + bathroom, very original. Our figure (per week) $750 MREINZ Statistics Median Price $580 Parnell One bedroom apartment, secure carpark, lots of facilities in the building. Our figure (per week) $400 MREINZ Statistics Median Price $337 Blockhouse Bay Standalone house, 2 double bedrooms, 1 single, off street parking. Our figure (per week) $430 MREINZ Statistics Median Price $320 When matters cannot be resolved, a 14 day letter is issued and an application is lodged with the tenancy tribunal. Telephonic mediation occurs which is later referred onto a face-to-face mediation if no resolution is found. A mediated order has “claws” and produces the same outcome as a Tenancy Tribunal order; if it contains a consequential order ie. If the terms of the mediated order are not adhered to, the tenancy can be terminated by the court resulting in an eviction. Recently we carried out an eviction. The property was a substantial home, with a substantial rent! The tenant and his family had resided in the property for over 5 years. When the rent fell into arrears, phone calls and emails were not answered. The matter was sent to mediation. The mediator was not able to contact the tenant; therefore it was referred to the court, just before Easter. We gained our eviction notice and had to wait until after Easter to enforce it. Unfortunately the tenant had experienced a marriage breakup and depression as result of the stress. Although the process of eviction is humiliating, it did bring about a conclusion to an on-going problem. The tenant had in fact, paid back the majority of the arrears but by then it was too late to cancel and we believed that the problem would more than likely arise again. Under the law, the tenants cannot re-enter the property as they are trespassing. The owner or the owner’s agent is granted possession of the property and the tenant can only re-enter to collect their belongings at the owners discretion. If the tenant re-enters the property – the police may become involved and the former tenant can be arrested. Evictions often stem from a change in personal circumstances such as a relationship break-up or a job loss. The eviction can be a release which forces change upon the tenant and the outcome can be a resolution for them, allowing them to move on with their lives. However, the challenge is to collect arrears while the tenant is still in the property. We are fortunate that evictions are such a rare occurrence in our office at Ray White Epsom. Arguably the most difficult task which a property manager will perform is the eviction of a tenant. Eviction is the final solution to a problem. The majority of issues around the termination of a tenancy are generally resolved through communication. For a variety or reasons tenants can struggle with paying rent from time-to-time. A telephone call or quick face-to-face meeting can resolve this matter and get the tenancy back on track. John German our long-term locksmith. A good fellow to have beside you when you are carrying out an eviction. “When there is no way out” Evicting a Tenant

Transcript of Evicting a Tenant - Amazon S3s3-ap-southeast-2.amazonaws.com/rw-nz-media/... · 311 Manukau Road,...

Page 1: Evicting a Tenant - Amazon S3s3-ap-southeast-2.amazonaws.com/rw-nz-media/... · 311 Manukau Road, Epsom, Auckland. Ph 623 3000. rentals.epsom.nz@raywhite.com, abode Pat Taylor Realty

Pat Taylor Realty Ltd Licensed (REAA 2008)

311 Manukau Road, Epsom, Auckland. Ph 623 3000. [email protected], www.rwepsom.co.nz

abodePat Taylor Realty Ltd Licensed (REAA 2008)

MAY2012

Recent RentalsEllerslieTownhouse, 2 level, quiet cul-de-sac, 2 bathrooms, double garage.

Our figure (per week) $550

MREINZ Statistics Median Price $497

Mt EdenHouse conversion, 2 bedrooms, spacious off street parking, Grammar Zone.

Our figure (per week) $450

MREINZ Statistics Median Price $420

EpsomLarge character bungalow, 3 bedrooms and sleep out, work kitchen + bathroom, very original.

Our figure (per week) $750

MREINZ Statistics Median Price $580

ParnellOne bedroom apartment, secure carpark, lots of facilities in the building.

Our figure (per week) $400

MREINZ Statistics Median Price $337

Blockhouse BayStandalone house, 2 double bedrooms, 1 single, off street parking.

Our figure (per week) $430

MREINZ Statistics Median Price $320

When matters cannot be resolved, a 14 day letter is issued and an application is lodged with the tenancy tribunal. Telephonic mediation occurs which is later referred onto a face-to-face mediation if no resolution is found. A mediated order has “claws” and produces the same outcome as a Tenancy Tribunal order; if it contains a consequential order ie. If the terms of the mediated order are not adhered to, the tenancy can be terminated by the court resulting in an eviction. Recently we carried out an eviction. The property was a substantial home, with a substantial rent! The tenant and his family had resided in the property for over 5 years.

When the rent fell into arrears, phone calls and emails were not answered. The matter was sent to mediation. The mediator was not able to contact the tenant; therefore it was referred to the court, just before Easter. We gained our eviction notice and had to wait until after Easter to enforce it.

Unfortunately the tenant had experienced a marriage breakup and depression as result of the stress. Although the process of eviction is humiliating, it did bring about a conclusion to an on-going problem. The tenant had in fact, paid back the majority of the arrears but by then it was too late to cancel and we believed that the problem would more than likely arise again.

Under the law, the tenants cannot re-enter the property as they are trespassing. The owner or the owner’s agent is granted possession of the property and the tenant can only re-enter to collect their belongings at the owners discretion. If the tenant re-enters the property – the police may become involved and the former tenant can be arrested.

Evictions often stem from a change in personal circumstances such as a relationship break-up or a job loss. The eviction can be a release which forces change upon the tenant and the outcome can be a resolution for them, allowing them to move on with their lives. However, the challenge is to collect arrears while the tenant is still in the property. We are fortunate that evictions are such a rare occurrence in our office at Ray White Epsom.

Arguably the most difficult task which a property manager will perform is the eviction of a tenant. Eviction is the final solution to a problem. The majority of issues around the termination of a tenancy are generally resolved through communication. For a variety or reasons tenants can struggle with paying rent from time-to-time. A telephone call or quick face-to-face meeting can resolve this matter and get the tenancy back on track.

John German our long-term locksmith. A good fellow to have beside you when you are carrying out an eviction.

“When there is no way out” Evicting a Tenant

Page 2: Evicting a Tenant - Amazon S3s3-ap-southeast-2.amazonaws.com/rw-nz-media/... · 311 Manukau Road, Epsom, Auckland. Ph 623 3000. rentals.epsom.nz@raywhite.com, abode Pat Taylor Realty

The Perks of Being Over 50 People call at 9 pm and ask, “Did I wake you?”

People no longer view you as a hypochondriac.

There is nothing left to learn the hard way.

Things you buy now won’t wear out.

You can live without sex, but not your glasses.

You get into heated arguments about pension plans.

You no longer think of speed limits as a challenge.

You quit trying to hold your stomach in no matter who walks in the room.

You sing along with elevator music.

Your eyes won’t get much worse.

Your investment in health insurance is finally beginning to pay off.

Your joints are more accurate meteorologists than the national weather service.

Your secrets are safe with your friends because they can’t remember them either.

Your supply of brain cells is finally down to a manageable size.

And you notice these are all in BIG PRINT for your convenience.

Under the Residential Tenancies Act 1986, landlords have a general obligation to comply with requirements under building, health and safety laws that apply to the premises. Many insurance policies also require the landlord to be able to confirm that they complied with relevant regulations at the time of any matter necessitating a claim, including a fire.

At 80% of house fires attended by the New Zealand Fire Service last year, smoke alarms were not installed or were not working. In fatal house fires, that rose to 93%. Most fire-related deaths occur when people are sleeping and can’t smell the smoke.

Long-life photoelectric smoke alarms are recommended by the Fire Service and are best installed in every bedroom, living area and hallway in the house.

When you take into account that long-life smoke alarms don’t need to have batteries replaced for up to 10 years, they effectively pay for themselves. Many of them also have special tabs that prevent people removing the alarms from the house.

Tenants must not interfere with any means of escape from fire. This means tenants should not be tampering with smoke alarms. Under the Residential Tenancies Act, tenants have a

general responsibility not to damage the property and must notify the landlord if something needs repair.

When the smoke alarm battery is going flat, it will sound a short “beep” every minute or so. Tenants should be shown how to remove a flat battery from a smoke alarm and actively be encouraged to replace it. Landlords who have smoke alarms installed should inspect their property regularly and check the alarm is working.

Dust and spider webs can affect smoke alarms. Tenants should be encouraged to clean the smoke alarms every month or so and test the alarm at the same time to ensure it’s working. If you have standard smoke alarms installed, the batteries should be replaced every year. The best time to do this is around the start or end of daylight savings.

Smoke alarms have a life expectancy of 10 years. A smoke alarm constantly monitors the air 24 hours a day. At the end of 10 years, it has gone through over 3.5 million monitoring cycles. After this much use, components may become less reliable. This means that as the detector gets older, the potential of failing to detect a fire increases. Smoke alarms that are wired into electrical systems (or burglar alarms) also need to replaced every 10 years.

Keeping your tenants safe from fire

MAY2012

A working smoke alarm is the single most important life saving device you can have in your rental property. It could also be the first thing an insurer asks a landlord if a claim for fire damage is needed.

Page 3: Evicting a Tenant - Amazon S3s3-ap-southeast-2.amazonaws.com/rw-nz-media/... · 311 Manukau Road, Epsom, Auckland. Ph 623 3000. rentals.epsom.nz@raywhite.com, abode Pat Taylor Realty

Keep everybody informed, especially the tenants. You are legally required to inform tenants in writing that the property is on the market -- do not wait, let them know immediately. There is also a legal obligation to tell incoming tenants a property is for sale before they sign up.

Arrange access in an appropriate manner. It is important to have regular access for potential buyers, but remember that the property is still your tenants’ home. You may not simply give 48 hours notice and then turn up.

Access is whatever is agreed between tenant and agent or tenant and landlord at the start of the sale. Tenants cannot legally “unreasonably withhold their consent”, but there can be problems defining “reasonable”. The Tenancy Tribunal has found it “unreasonable” for a tenant to only agree to a viewing time once a week, to insist the premises only be viewed when they are present or insist that prospective purchasers do not look inside cupboards. Rather than risk getting to the stage of mediation, take the time to get on side with tenants right at the beginning.

There are various ways in which a landlord or property manager may provide an incentive for tenants to cooperate. Some offer tenants a rent reduction; others offer a rebate of some of the

rent once the property is sold; or some offer to pay the letting fee for finding a new place.

Ensure that potential purchasers receive correct information about rental levels. The best way to do this is to request formal written rental assessment from the property manager. Especially beware of guessing tenancy details on a Sale and Purchase Agreement -- instead, insert a clause saying, for example, that you will have full details of the tenancy agreement within three working days. An axed term tenancy cannot be sold as if vacant. The tenancy cannot be terminated by new landlords, even if they are moving in themselves – they must wait until the fixed term is up.

Tenants on a periodic tenancy must be given 42 days notice if the owner is moving in - or 90 days otherwise. You are also required to include delivery time (4 days for postage or 2 days if hand delivered) You may not give tenants notice until the sale is unconditional.

Remember, it helps to sell a property if it is tenanted and neat and tidy. We always try to minimise the landlord’s losses in every way possible. Recently one of our landlords sold a property and we were able to encourage the tenants to stay until the day before settlement!

When you are selling a tenanted property, you need to take care to fulfil your obligations. Poor management of the process can create many problems, including the possibility of litigation. What can you do to smooth the way?

Make it a win-win

Selling a Rental Property

PROPERTYIt is the basis of all wealth, the heritage of the wise,

the thrifty and the prudent. It is the poor man’s joy and comfort, the rich man’s prize,

the right hand of capital, the silent partner of many thousands of successful men and women.

It is the comfort of old age, the cornerstone of security against misfortune and want.

It is handed down to children through generations, as a thing of great worth.

It grows and increases in value through countless days. Though it seems dormant, it’s worth increases, never failing never ceasing.

Time is it’s aid and population heaps up it’s gain.

It’s possessors learn to believe in it, invariably they become envied. It is the foundation of banks and of wealth throughout the world.

Yet it is so common that thousands, unthinking and unknowing,

pass it by.

What people say about usHi Holly,I really don’t know how to thank you for this. It makes a big difference to us at present whilst we await the beginning of the remediation programme.Please organise for the ceiling to be repaired as per your suggestion. Hopefully it will not cost too much.Again our sincere thanks for your efforts on our part.

All the best Greg Eichmann

Hello Vicki,Thanks for sorting out the oven and light issues noted on my last statement.Lance Pemberton has asked for a final inspection time for the property, and I note that he has left it rather late, however, it will need to be done before tomorrow. Could you please arrange with the tenants for this to happen as soon as possible. He will contact you directly regarding the timing. Providing that all goes smoothly the property changes hands tomorrow. We are still sorting out the non fixed chattels which I thought Lance was going to purchase. As this may not be the case it will be his job to sort out a chattel exchange on or after the purchase. I have purchased and will be moving into a place of my own at last on 5 May. Should I ever need a property manager again I will come back to you at Ray White and I will certainly be referring your services to anyone I know, looking for a property manager.

Thank you for your very efficient work and service. Regards Glenda

Page 4: Evicting a Tenant - Amazon S3s3-ap-southeast-2.amazonaws.com/rw-nz-media/... · 311 Manukau Road, Epsom, Auckland. Ph 623 3000. rentals.epsom.nz@raywhite.com, abode Pat Taylor Realty

Pat Taylor Realty Ltd Licensed (REAA 2008)311 Manukau Road, Epsom, Auckland. Ph 623 3000. [email protected], www.rwepsom.co.nz

Compiled by REINZ 1 BEDROOM 2 BEDROOM 3 BEDROOM 4 BEDROOM

Median Price Price Range No. Let

Median Price Price Range No. Let

Median Price Price Range No. Let

Median Price Price Range No. Let

City Centre $337 $300 - $382 435 $437 $380 - $525 322 $625 $483 - $835 41 $550 $472 - $827 9

Ponsonby $335 $300 - $375 30 $500 $470 - $560 22 $720 $645 - $950 21 $900 $767 - $950 8

Grey Lynn and Westmere $350 $273 - $380 11 $512 $420 - $600 18 $610 $582 - $768 15 $762 $700 - $875 8

Mt. Albert and Pt. Chev $220 $170 - $280 23 $400 $360 - $435 29 $530 $480 - $650 26 $607 $570 - $650 8

Sandringham $280 $247 - $327 21 $362 $330 - $390 48 $470 $450 - $555 33 $520 $415 - $600 12

Mt. Roskill $320 $300 - $350 22 $440 $411 - $480 23 $500 $453 - $520 11

Mt. Eden $297 $265 - $330 60 $420 $360 - $450 65 $600 $495 - $650 38 $720 $648 - $768 13

Epsom $335 $315 - $355 24 $440 $390 - $490 46 $580 $542 - $666 19 $750 $620 - $875 10

One Tree Hill and Ellerslie $247 $180 - $280 14 $370 $332 - $398 47 $497 $470 - $520 28

City Bays $310 $286 - $378 15 $450 $380 - $547 27 $670 $565 - $785 17 $900 $795 - $1100 10

Remuera $290 $270 - $300 10 $450 $380 - $500 14 $612 $460 - $820 14 $817 $670 - $1300 6

Meadowbank $280 $250 - $290 10 $400 $375 - $460 22 $600 $512 - $657 23 $755 $650 - $800 10

Glen Innes, Panmure and Mt Wellington $250 $223 - $286 25 $340 $310 - $368 53 $435 $400 - $497 44 $470 $442 - $506 11

Residential Rental Review March2012