Tenancy Expert

Ask Allan Galloway, Ministry of Business, Innovation and Employment questions relating to tenants and landlords

The Ministry of Business, Innovation & Employment provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.

Moving on tardy tenants

Charles asks:

I am selling a house which has very uncooperative tennants in. I have given them a letter explaining the 42 days notice required - since then they have refused to pay any rent. They are now in arrears for $1600.00 and are eight weeks overdue. I know this is a breach of the contract - but they are refusing to go. What is the best process for moving them on? I have filed an application to the tenancy tribunal with the relevant details. (Last night) The house is due to be sold shortly as vacant.

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Arresting agreements

Kawhena asks:

Can a property manager end a fixed term tenancy containing two tenants on one agreement if one of the tenants has been arrested and the other tenant wants to end the tenancy? If so, what is the legal time frame to do so?

Let's say the arrested tenant was arrested on November 8 and a basic written agreement of a couple sentences between the other tenant and the prop manager was signed on November 10 - and then sent for processing with a bond refund form with only ONE tenants signature (existing tenant). The arrested tenants was released on November 10.

Also, the existing tenant's bond was not even lodged.


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Evicting dodgy tenant

Rosalind asks:

I have a tenancy that's off to a bad start. It's two weeks in and only a bond has been paid - no rent. A third week of rent is due tomorrow.

Meanwhile, neighbours are complaining about extra fences going up, security cameras being added, black polythene being put up in the windows and two snarling dogs in the back yard. Not a good look!

I have a 14-day notice to remedy served re the rent owing. But I have not yet inspected the property since I would be concerned for my safety.

What is the best way to move toward eviction? I have alerted the Police and Animal Control.

Unfortunately, the tenant has a 12 month fixed term agreement.

I aim to get to this to the Tribunal as soon as possible. 

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