EM bail to rental property?

Question from Don & Deb updated on 2nd August 2019:

Recently we rented one of our properties to three people who are all listed on the tenancy agreement. We reference and credit checked them. A few months into their fixed term tenancy we have discovered that a relative has been bailed with an electronic monitoring device to our property - ie he cannot leave the property. Is it a fact that the courts and/or Dept of Corrections can do this without checking or asking the property manager or owner?

Our expert Jennifer Sykes responded:

Electronic monitoring on bail (EM bail) to a rental property is not covered in the Residential Tenancies Act. The Department of Corrections would be able to advise on their process for approving a property for EM bail. There is some information on their website (www.corrections.govt.nz), and we also suggest contacting the Probation Service of the Department of Corrections for more detail.

You have mentioned that the tenancy agreement has three named tenants. If there is a clause in the agreement that occupancy is limited to three people only, the tenants would be in breach of the Act. In this circumstance you can provide written notice to the tenants outlining the breach and provide them with 14 days to remedy the breach. If there is no such clause, the person on EM bail would be considered a boarder or flatmate.

For more information on tenancy agreements, notice to remedy and breaches of the Act go to www.tenancy.govt.nz. You can also subscribe to our e-newsletter Tenancy Matters here.  

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

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