Unlawful access by tenant's relative

K asks:
(updated on Friday, May 15th 2020)

My property manager signed a tenancy agreement with a lady who was due to move in to my rental property this coming Friday.

In the meantime, the lady gave her adult son - who was not moving - in the address and specific instructions as to which drive it was as it was up a shared drive. The son took his partner there on the Saturday a week prior to the takeover for the property. They tried the doors to enter and then accessed a vehicle which was still in the property.

I'm the owner and I witnessed them going up the shared drive then and then leaving the property 10 minutes later. I went over as I saw them access the vehicle. The property manager was contacted to say the trespass and vehicle access had occurred.

The property manager phoned the future tenant who confirmed it was her son. I have now said the tenant is not to move in due to this act but the property manager is bullying me making me feel it is my fault and is saying the client might take me to court as it wasn't her personally. The said trespass was a criminal act so I have said that if she takes it further then I would have to also say that she said I was blackmailing her!

What can I do?

Our Experts Answer:

The tenant is responsible for the actions of anybody who goes onto the property with her permission. However, it seems that your new tenant has not yet moved in. There is some concern over the behaviour of this (non-occupant) son. In effect he is really in the position of a stranger who went onto the property and “accessed” the car. Your best call is to report the incident to the Police. It may not bear results this time, but it will let the incoming tenant (and the property manager) know that the behaviour was unacceptable.

Select Home Loans 4.29
TSB Special 4.34
ICBC 4.39
HSBC Premier 4.39
Heartland Bank - Online 4.40
China Construction Bank Special 4.45
SBS Bank Special 4.55
Kainga Ora 4.57
Co-operative Bank - First Home Special 4.75
Kiwibank Special 4.85
AIA 4.85
Select Home Loans 4.86
Heartland Bank - Online 4.90
TSB Special 4.99
ICBC 5.09
HSBC Premier 5.15
SBS Bank Special 5.19
China Construction Bank Special 5.19
Kiwibank Special 5.19
AIA 5.35
Co-operative Bank - Owner Occ 5.35
First Credit Union Special 5.45
Select Home Loans 5.20
TSB Special 5.75
Kiwibank Special 5.79
HSBC Premier 5.89
ICBC 5.89
SBS Bank Special 5.95
BNZ - Classic 6.19
Resimac 6.33
China Construction Bank Special 6.35
Westpac Special 6.39
Kainga Ora 6.43
Select Home Loans 4.09
Heartland Bank - Online 4.10
Pepper Money 4.49
TSB Special 4.79
Liberty 4.84
Kiwibank Special 5.00
ICBC 5.25
Kainga Ora 5.43
China Construction Bank 5.50
Kiwibank 5.50
Kiwibank - Offset 5.50