SearchEM bail to rental property?
Don & Deb asks:
(updated on Friday, August 02nd 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 Experts Answer:
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.
Most Read
| Unity First Home Buyer special | 4.09 |
| SBS FirstHome Combo | 4.19 |
| ICBC | 4.49 |
| Kainga Ora | 4.59 |
| Co-operative Bank - First Home Special | 4.59 |
| ANZ Special | 4.65 |
| AIA - Go Home Loans | 4.65 |
| ASB Bank | 4.65 |
| TSB Special | 4.69 |
| Co-operative Bank - Owner Occ | 4.69 |
| SBS Bank Special | 4.69 |
| China Construction Bank | 4.95 |
| Kainga Ora | 4.95 |
| ICBC | 4.99 |
| Nelson Building Society | 5.09 |
| Westpac Special | 5.19 |
| SBS Bank Special | 5.19 |
| AIA - Go Home Loans | 5.25 |
| TSB Special | 5.25 |
| ASB Bank | 5.25 |
| BNZ - Std | 5.29 |
| ANZ Special | 5.29 |
| Westpac Special | 5.49 |
| BNZ - Std | 5.49 |
| ICBC | 5.65 |
| Kainga Ora | 5.69 |
| SBS Bank Special | 5.79 |
| Co-operative Bank - Owner Occ | 5.79 |
| ASB Bank | 5.89 |
| AIA - Go Home Loans | 5.89 |
| Kiwibank Special | 5.99 |
| TSB Special | 5.99 |
| China Construction Bank | 5.99 |
| SBS FirstHome Combo | 3.29 |
| AIA - Back My Build | 3.34 |
| SBS Construction lending for FHB | 3.74 |
| CFML 321 Loans | 3.95 |
| Co-operative Bank - Owner Occ | 4.99 |
| Co-operative Bank - Standard | 4.99 |
| ICBC | 5.39 |
| Kiwibank - Offset | 5.75 |
| Kiwibank Special | 5.75 |
| Kiwibank | 5.75 |
| Unity Standard | 5.79 |
