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nictoddie
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Joined: 01 January 1900
Location: Palmerston North
Points: 1587
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Posted: 28 November 2007 at 7:33am |
minik8e no they do not have to give 42 days written notice that the property is going to go on the market that is only if the property is sold and it is a periodec tenancy and the new owner wants immediate possesion.....
The below info is from tenancy website, believe me I looked into all of this after being in a rental property for 4 months and then the landlord sold it and we had to move out, we chose to give notice and looked for another property
Does the landlord have to tell
tenants they’re selling the property?
Yes, they must tell tenants or anyone
who wants to rent the property in
writing if they are trying to sell it.
Landlords have the right to show
buyers through the property with
the consent of the tenants. Tenants
and landlords should talk to each other
to agree what works for both of them.
When a property is sold the old landlord
must tell the tenants who the new
owner is and when they take over.
The new owner must tell the tenant
their name, how to get in touch with
them and how the tenant must pay
the rent.
If the tenant is staying in the property
and the old landlord wants to claim
some of the bond, the landlord
must make an application before the
property settlement date or they
will be unable to make a claim.
Does the tenant have to move out?
• If the property has a fi xed-term
tenancy, nothing changes. The new
landlord can’t change the tenancy
agreement, and the tenants can stay
on until their tenancy ends. If the
tenants want to move, they should
talk about this with the new owner.
If the new owner agrees that the
tenant can move out, this agreement
should be written down.
• If the property is sold when there
is a periodic tenancy in place and
the new owner requires vacant
possession, the landlord may write
and give the tenant 42 days’ notice
instead of the usual 90 days.
What does the Department
of Building and Housing need
to know?
If the Department of Building and
Housing holds a bond, we need to
know when there is a new landlord.
Both the new and the old landlords
must fi ll in and sign the ‘Change of
landlord/agent’ form. We will then put
the new landlord’s name on our bond
records.
Are there special rules for
mortgagee sales?
If the landlord doesn’t pay their
mortgage, the mortgagee (such as
the bank) may take over the property
or sell it by mortgagee sale. The
mortgagee or the new owner then
takes over the tenancy and will have
the same rights as a landlord under
the Residential Tenancies Act, with
one exception. If there is a fi xed-term
tenancy in place, the bank or mortgagee
can give notice as if it was a periodic
tenancy with some exceptions.
The tenant’s and new landlord’s other
rights all stay the same.
At the end of the day the property is going to be sold one way or the other and you need to do what is going to be right for you and your family and if you can come to some kind of arrangement then that is great, I think telling the agent that one particular day of the week for viewing and only by appointment as you get alot of nosey parkers just coming to look, and that way you only get people who are actually interested in buying the property good luck liz I hope you can make it work for all parties
Edited by nictoddie
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CuriousG
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Joined: 01 January 1900
Location: Raumati South
Points: 1685
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Posted: 28 November 2007 at 8:33am |
I can sympathise - when we were renting, about 2 months into our 1 year fixed agreement they decided to sell, which was also right before Christmas. We had the drama of estate agents going through our property with NO notice and even after complaining, we would get home to find a card on the table and a message on our phone saying "its Margaret here, I am bringing some people through in half an hour!". I got so mad. They also photographed the house for Open 2 View without our knowledge so all of our stuff was all over the place (they did tidy up for the photos but then left it worse than we had!). I was also really angry because the groups of agents came through unannounced and Charlotte was sleeping at the time, so of course she woke up.
We had pressure from the agent to move out even though we said we wanted to stay. She even used the line that the landlord was sick with Cancer!!!!
In the end, we put an offer in on a house and it was accepted so we told the Property Manager that we would be leaving in February rather than October - then the landlord got sh*tty with us - even said to the Property Manager "they better not have bought a house", like its any of their business and we had dramas trying to move out after being basically forced by the Agent! It was stressful as all hell and I totally feel for you.
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minik8e
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Joined: 01 January 1900
Location: Taranaki
Points: 5838
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Posted: 28 November 2007 at 8:33am |
Sorry nictoddie, you're right - though the landlord does have to give written notice that the property is going on the market. Just not 42 days.
Good luck lizzle, I hope you can come to an arrangement that suits you all.
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nictoddie
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Joined: 01 January 1900
Location: Palmerston North
Points: 1587
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Posted: 28 November 2007 at 8:35am |
WOW GeorgiaB that is a really bad experience, totally sucks!
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caitlynsmygirl
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Joined: 01 January 1900
Points: 8777
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Posted: 28 November 2007 at 9:41am |
nictoddie wrote:
, rents are so expensive in Palmy we are moving 16th dec and were just at the right place right time got us a nice 3 bedroom house for $220.00 fully fenced with double garage. |
wow....where i live (howick, Auckland) $220 would get you a one or 2 bedroom , for a 3 bedroom you pay from $350 to $400, depending on the school zone etc.
grrr blimming Auckland and its ridiculous prices!
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Bobbie
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Joined: 01 January 1900
Location: North Shore Auckland
Points: 6123
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Posted: 28 November 2007 at 9:49am |
Yeah bloody Akl! - I wish me and DH could do our jobs from other parts of the country. Akl is so expensive! My DH spent yesterday ringing around local Drs offices to find out the surcharges for under 5's - our best bet is $14!
$220 would probably get you a shoebox sized studio apartment in town with no carpark if you were lucky.
Where we are the rentals start around $375
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nictoddie
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Joined: 01 January 1900
Location: Palmerston North
Points: 1587
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Posted: 28 November 2007 at 12:19pm |
Most rents are between 250.00 and 300.00 for average house, we are very fortunate that our friends are moving out of a nice house which was a grot when then first moved in and they have done it up with landlords permission and he is not putting the rent up as we can move in straight away......... someone is looking after us for a change!!!!!!!!
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fairsk8
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Joined: 01 January 1900
Location: Te Aroha
Points: 829
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Posted: 28 November 2007 at 12:25pm |
Thats one thing I like about living in a school house, the rent is cheap. It is going up next yr though, but even then it will only be $160 a week for a 3 bedroom house with a huge fenced in yard.
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emz
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Joined: 25 November 2006
Location: Christchurch
Points: 5321
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Posted: 28 November 2007 at 3:23pm |
That's the good thing about army houses too, we paid $135 a week 2 years ago for a 3-bdrm place, newly painted, new carpets (pretty much THE best house in the whole housing area  ), unfortunately, you're surrounded by army people and have to listen to gunfire all day! Thank god for my $500 a week mortgage for my nice house (geez, never thought I'd say that!  )
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mummy_becks
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Joined: 01 January 1900
Points: 14931
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Posted: 28 November 2007 at 6:27pm |
Liz that totally bites. If I could get rid of the tennants next door to us you could have a lovely house and quiet neighbours .
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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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lizzle
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Joined: 01 January 1900
Location: New Zealand
Points: 8346
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Posted: 28 November 2007 at 7:58pm |
My children would forever be at your house....hmmmm, can see an upside....
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