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Danaj 
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Joined: 25 March 2008
Location: Palmy North
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 Topic: Help with tenancy
Posted: 02 February 2009 at 5:34pm |
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Hi Guys,
Need some advice. I have a family member who has shown up on the door step of another family member with her children. Just need to know if she might be fibbing to us......
She says she is behind in rent (a few weeks) and that the landlord has taken her to court (2 o'clock today) and that she has been issued with a 24 hour eviction notice. Apparently no other court/legal proceedings have taken place and this is all because of rent arrears.
Does this sound right or does it sound like she is telling porkies again?
Cheers
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catisla
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Joined: 17 February 2008
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Posted: 02 February 2009 at 5:46pm |
It is possible - she would need to be at least 3 weeks in rent arrears.
The Tenancy Tribunal is a public court and decisions are made available online for the public to read (i doubt it will be on this quick though). You will need at least her name or address to do the search if you want to check
http://www.tenancytribunal.govt.nz/
She will have been issues with a paper copy of the order. If she doesn't leave then the landlord will need to apply to the court for bailiffs to carry out an eviction taking at least another 24 hours.
Edit to add you may be able to call Tenancy Services direct to see if they can let you know the outcome (not sure if they can do this though)
Edited by Susiec
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Danaj
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Posted: 02 February 2009 at 5:52pm |
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Thanks heaps Susie. It's not showing on the site as yet but will check again tomorrow. We don't mind helping if it's the truth, but you start to get suspicious after the umpteenth time.
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Red
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Location: West Auckland
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Posted: 02 February 2009 at 6:14pm |
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I have been to tenancy tribunal several times with tenants and unless there was previous issues as well they wouldn't just evict you for 3 weeks arrears - it is a very long process to be able to evict somebody!
Sorry but I don't believe her .......
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catisla
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Posted: 02 February 2009 at 6:33pm |
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Depends on the tenancy agreement . . . I used to work for the local council housing department and once a tenant goes 3 weeks in arrears then the Tribunal has to give you eviction if you ask for it (though as a social landlord this was very much a last resort and tenants would usually be way more in arrears than that)
I don't suppose you know what kind of tenancy she was on??
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mummy_becks
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Posted: 02 February 2009 at 6:50pm |
Hmmm I know that after 3 weeks we can go after the money, so maybe it has been that long.
If the LL has rental insurance then they can claim it that way too.
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I was a puree feeder, forward facing, cot sleeping, pram pushing kind of Mum... and my kids survived!
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MamaT
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Posted: 02 February 2009 at 6:57pm |
I would say - either the issue has been going on for a while - it does take quite a process to get a court to serve an eviction notice. Best bet is to call 0800 Tenancy and have a chat with them. That tenancy tribunal website is not updated often enough, I work for a property management department so have had some experience with the site.
It does take a lot of work for the landlord to actually be able to evict the tenant. They have to serve the tenant with 10 Day notices of the rent arrears and the tenant has to have been at least 14 days since the last rental payment (to allow for postage) before the landlord can file with tenancy services. Tenancy services will then arrange a mediation with the landlord and tenant at which point the tenant has to be given a chance to pay the rent and the landlord has to go through the whole thing again. I haven't had a lot of experience with tenants being so far behind in rent - usually they catch up after you scare them with that first notce.
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Red
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Posted: 02 February 2009 at 7:09pm |
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We had a tenant $3K in arrears and even then it wasn't easy!
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mummy_becks
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Posted: 02 February 2009 at 8:06pm |
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I was a puree feeder, forward facing, cot sleeping, pram pushing kind of Mum... and my kids survived!
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MissAngel
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Posted: 02 February 2009 at 8:15pm |
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Sounds like porkies to me! We're going thru that with a tenant and have our second hearing tomorrow. Im not going because I know i'll scream and yell at her. 2k in arrears and over 1k in repairs to the flat.
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Alex, Thomas and Lily 
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Danaj
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Posted: 03 February 2009 at 8:22am |
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Can they use her bond to pay her rent arrears?
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MissAngel
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Posted: 03 February 2009 at 8:47am |
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Yep they sure can.
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Alex, Thomas and Lily
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Red
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Posted: 03 February 2009 at 8:48am |
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Yes they can, but usually she needs to sign the bond release form. If it is going through the Tenancy Tribunal at the Court then sometimes they can just release the funds which is what happened to us cos we had no idea where our tenant was.
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Help with tenancy
