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landlords suck

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Topic: landlords suck
Posted By: lizzle
Subject: landlords suck
Date Posted: 27 November 2007 at 8:47am
So our landlord rang on friday and said they were salling the house - got a bit annoyed but we were planning on moving anyway. we have a fixed term until the end of Jan. Then yesterday a real esate agent turned up and asked us if a property inspection team could come through tomorow. we said that next week would be better - she was really nice about it, asked about open homes we said no and then she said well, lets see how we go and we'll try to avoid them. She was really nice and we were left feeling positive.

then this morning the landlord rings up demanding us to let him in this morning with the property inspection team. he said he only had to give us 24 hour notice - Lewis said well, we never got any notice. he reckons he sent a letter - of which we haven't received. Anyway, we "won" and no one is coming in today but from the guys demeanor, sounds like this is going to be a pain in the butt. we rang the real estate agent after that and complained to her and she is going to ring the landlord and tell him to "pull his head in". grrrr



Replies:
Posted By: cuppatea
Date Posted: 27 November 2007 at 9:35am
Oh poor you, hope you find somewhere else to live soon so you don't have to put with much more of that. Good that the estate agent is on side. Is a bit silly to pee off tenants when you are trying to sell.

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Posted By: ElfsMum
Date Posted: 27 November 2007 at 9:40am
yeah i sympathise...we have the best landlord ever and even then when he wanted to sell it was a pain in the ass.. he gave us 4 months notice but open homes were a pain in the ass and not knowing when we would actually move.. and because DH is a carpenter there was always something they wanted him to help fix..lol.. ! he even plastered a room for them! and that was without kids!!:(

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Mum to two amazing boys!


Posted By: Bobbie
Date Posted: 27 November 2007 at 10:03am
Yeah landlords totally suck! I completely sympathise with you. We haven't had the selling drama (yet) but we keep getting landlords that haven't a clue about how the tenancy laws work.

Our last example was that they got their ceilings plastered (after causing the damage themselves through waiting 9 months to fix their leaky roof) and expected us to stay home and supervise the work. We didn't do it but luckily there was no damage to our contents as we wouldn't have been covered.

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Posted By: Leish
Date Posted: 27 November 2007 at 10:13am
Oh thats quite annoying. Our landlord has our house on the market at the moment too but they have been really cool about everything. We haven't had any open homes but have people through the house once a fortnight or so. It has been on the market since August

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http://lilypie.com"> http://lilypie.com">


Posted By: lizzle
Date Posted: 27 November 2007 at 10:45am
we have a fixed tenancy so can't move until late january. and to make things worse - have lost my wallet!!! grrr.

the guy works for LJ Hooker so would think he would be a little bit more up with the play - he seems to think he can bully us into doing what he likes but we've talked to some tenancy people who have said do NOT let them view without us being there - insurance won't cover any stolen or broken goods - well maybe broken but if anyone nicks anything they are considered an "invited guest" and not covered. also we are well-within our rights to refuse open homes - lew works nights so sleep til middday then the kids have a nap and I'll be in the kitchen organising tea and baths. not to mention them not being able to guarantee that people won't leave gates and doors open (anyone remember jake being picked up by the cops wandering) so no no no no. grrrrr. crap morning. hate people


Posted By: fairsk8
Date Posted: 27 November 2007 at 10:52am
Yip some landlords are real pains in the backside. Our landlord is a rental company that deals with school houses for the MoE. We have had a few problems with the guy we deal with in regards to our stove, when we moved in it was missing a switch and every time I turned even an element on it would spark and make funny noises. In the end I was too scared to cook on it, but it still took the guy 3 weeks to send someone to fix it.

And reading you post has also reminded me that we have a property inspection on Thurs. They were considerate and gave us 3weeks notice. I sure the minimum is 48 hrs notice for property inspection and 24hrs if coming to fix repairs or something.

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http://www.bump-and-beyond.com/">


Posted By: Mama2two
Date Posted: 27 November 2007 at 11:37am
I can totally sympathise. We went through what sounds like a very similar experience with our last landlord. He decided 6 months into a 1 year fixed term lease that he was selling. We also said no to open homes and would make sure that we were given plenty of notice to have people view the house. We also stipulated that no one was to view the house when we weren't home.
The landlord tried his hardest to bully us into Open homes but after speaking to the tenancy services people they advised us that we could say No This was on the basis that we still had to live there and it would be a breach of our quiet enjoyment of the property!

Maybe ask your landlord if he would let you out of the fixed term lease a little early to allow you to get another house sorted? Ours wouldn't let us out, but yours might?

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http://lilypie.com">
http://lilypie.com">


Posted By: Paws
Date Posted: 27 November 2007 at 11:49am
Oh my goodness sounds like a nightmere! Makes me so glad that our landlords rock!

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http://lilypie.com">


Posted By: Mama2two
Date Posted: 27 November 2007 at 11:52am
Oh and I should add that Karma totally caught up with our ex landlord. It is 10 months later and he still hasn't sold it! And it has been empty since we left!!

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http://lilypie.com">
http://lilypie.com">


Posted By: Aprilfools
Date Posted: 27 November 2007 at 12:45pm
I'm a landlord

I think if we ever come to sell one of our houses we'll wait until it's empty. I hate being in a house full of other peoples stuff. It might be my house but it is their home. It makes me feel like an ogre.

My advice to you is to make sure that you get any agreements in relation to inspections, open homes or any other viewings that you make in writing. Or alternatively try to come to an agreement where you can get out of the lease early and he can have his stupid open homes. At least it's coming into summer so you could go out for a picnic although if it were me I would want to be there if people were in my house. You are well within your rights to refuse open homes and the real estate agent is definitely going to try and push you because they want their money.

Back to my corner to suck now.


Posted By: nictoddie
Date Posted: 27 November 2007 at 2:31pm
We also have been through this recently with LJ hooker as well, and the were all nice as pie to start with but hey are very pushy, we had quite a few open homes, you actually can not refuse open homes, if you look up the tenancy website if they give you plenty of notice they can do them, I would try and opt out of your lease if I were you.............good luck with finding a house are you gonna stay in the same area, 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.

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Posted By: MissCandice
Date Posted: 27 November 2007 at 2:56pm
We recently went through this too.. i didnt even know our house was on the market and a real estate agent rang me up and asked if i could leave a key out for her while i was at work.. i was like um hello! i dont even know you and you ring me and ask me to leave a key out to my home??? Um no! But can i have your key.. didnt think so!
I had to put up with open homes EVERY saturday, 35 weeks pregnant and we HAD to leave.. she said in her works 'i would prefer if you were not there thanks'

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~ Mummy to a beautiful girl ~


Posted By: tishy
Date Posted: 27 November 2007 at 3:20pm
We've been through this before.
Thankfully we had a nice landlord and agent to deal with.

We got plenty of notice for everything.

Other than the the one random turn up on our doorstep one evening saying he had put an offer on the the house and wanted to come in to have a second look. Ah I don't think so!

We allowed the open homes. Found that the estate agent would then arrange 99% of viewings during this time rather than at random times during the week.

I don't know how I'd manage with kids in tow though. I would be very strict about what times during the day suit you for people coming to view the house.


Posted By: Aprilfools
Date Posted: 27 November 2007 at 5:13pm
nictoddie I was under the impression that you had to give written notice to the tenants if you wanted to have an open home otherwise they can refuse.

Either way it is summer time so it won't be quite so bad getting out of the house for a little bit. Open homes never go for more than an hour in any case. Still, make sure that you get things in writing.


Posted By: nictoddie
Date Posted: 27 November 2007 at 6:24pm
April fools either in writing or verbal, it does not really say, the land agent we had at the rental we were in was normally pretty good at giving 24 hours notice we were very accomadating until it was the day we were moving out and they wanted to show people through not the agent but other agents at LJ Hooker, and then they all show up in full force to view the property so they know what is on the books......

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Posted By: busymum
Date Posted: 27 November 2007 at 6:34pm
I'd reconsider doing open homes at the standard time on Sunday. That way you can prepare for it all week instead of doing 'by appointments' which is nearly always on short notice. But yea, it sure is a pain.

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Posted By: lizzle
Date Posted: 27 November 2007 at 8:08pm
short notice has to be 24 hours anyway. the thing is i was fully prepared to negotiate over the open homes but him ringing up all arsey like that means I'll say no - if I can - am ringing tenancy tomorrow to get the loe-down and what we can and cannot do.

and aprilfool - i know not all landlords suck - we've had some lovely ones before who were fantastic, but this guy really annoyed me this morning, especially as we had sorted everything with thye real estate lady the day before.

Letter arrived today as well, and said nothing about the property inspection other than "LL will ring you to make an arrangement to do this" - so his "24 hour notice" was full of sh*te anyway.




Posted By: Kels
Date Posted: 27 November 2007 at 10:15pm

Big hugs luvvy and I def believe karma will come round and kick said LL in the butt!!!



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http://lilypie.com">
Busy mum to Miss 15yrs, Miss 10yrs and Master 4yrs


Posted By: minik8e
Date Posted: 28 November 2007 at 7:15am
nictoddie - you don't HAVE to allow open homes at all. What you must do, is allow reasonable access. The problem is that the term "reasonable" is undefined in the RTA. For example you could say no open homes, but one day each fortnight you will allow the REA to bring interested parties through (ie. not an open home, just people who have shown an interest - that way there's not strangers traipsing through the house willy nilly just for a nosy etc). Also, you must be given 42 days WRITTEN notice of the house being put on the market. There's a lot more, but basically in the case of sale it's the tenant that has the rights, not the landlord.


Posted By: nictoddie
Date 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

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Posted By: CuriousG
Date 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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http://lilypie.com">
http://lilypie.com">


Posted By: minik8e
Date 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.


Posted By: nictoddie
Date Posted: 28 November 2007 at 8:35am
WOW GeorgiaB that is a really bad experience, totally sucks!

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Posted By: caitlynsmygirl
Date Posted: 28 November 2007 at 9:41am
Originally posted by nictoddie 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!


Posted By: Bobbie
Date 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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Posted By: nictoddie
Date 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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Posted By: fairsk8
Date 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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http://www.bump-and-beyond.com/">


Posted By: emz
Date 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! )


Posted By: mummy_becks
Date 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!


Posted By: lizzle
Date Posted: 28 November 2007 at 7:58pm
My children would forever be at your house....hmmmm, can see an upside....



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