There comes a time for all landlords when property management decisions must be made when tenant issues go beyond reason…when ‘enough’ becomes ‘enough!’.
For property owners in this kind of situation the first steps to consider is end of contract of the tenancy. This process can be done by sending a appopriate notice in writing or applying to the Tenancy Tribunal for ‘Termination of the Tenancy’.
If you have issued a 90 day notification to the renter in relation to the end of contract of the tenancy, it is highly recommended that the owner NOT provide any kind of other reason other than they simply will need the property to be vacant.
The Residential Tenancies Act has strict provisions forbidding an owner from issuing a termination notice to the tenant that is deemed retaliation for events taken place so it’s very important that landlords and property owners do not link the termination with any other situations, whatever they may be.
Composing a Case for Tenancy Termination
For landlords, property managers and property owners to successfully compose a case for tenancy termination, at the Tenancy Tribunal, the Landlord/property owner must, in most cases, provide evidence that a formal 10 day letter to remedy any infringement of the agreement was indeed issued, and the tenant had not provided a response.
In most of the cases, unhappily, a renter proves in the last minute that the infringement has remedied causing in the Tribunal ruling the tenancy can remain. This can be a very frustrating experience for property owners however it is vital that the landlord really does not give up here. In order for a case to be proved beyond a realistic doubt one must prove a historical past of the situations that took place through the duration of the tenancy, opposed to a one-off event.
If and when even more concerns come up the landlord should treat it in the exact same method prior and commence the procedure once more. When facing the Tribunal again landlords can use the previous application as an example and request ‘tenancy termination’ for regular infringements throughout the entire duration of the tenancy.
it will finally be up to the owner to prove that these breaches are not just a one-off’s. Owners can also step forward a case for ‘end of tenancy’ due to consistant rent arrears, even in the situations when the resident has just paid the full amount prior to the tribunal hearing.
If one is not successful in terminating the tenancy first time around, do not give up, keep trying, but keep within reason and do not issue a 10 day termination notice or make applications for small/minor reasons as this could be deemed harassment.
It helps for landlords to employ a systematic approach when making a decision to terminate a tenancy through the Tribunal. Successful cases come from well organised landlords, property owners (including property management companies) with comprehensive systems employed to effectively monitor the property and tenant, which includes:
- Inspection reports
- Copies of all correspondence
- And photographs.
In some cases it may seem easier and less stressful for property owners and landlords alike to simply issue a 90 day ‘termination of tenancy’ notice opposed to attempting termination through the Tribunal.
This article #002 was written by Internet New Zealand, Internet Marketing specialists.
