Maz

OK so our first mortgage payment comes out this Thursday... basically we're breaking our lease without having managed to find new tenants. We put an ad in trademe and in the Dom Post for 7 and 5 days respectively. We found a new tenant for them, but they judged her on her work status (works part-time for a bank) instead of her actual pay, and turned her down flat (idiots!).

We're dropping off a letter after-hours with the keys and garage door remotes in it.

They don't know where we've moved to... they're not going to hunt us down and come after us with machetes and legal people are they? I mean, we know we've got no recourse to the bond money, and that's essentially what it's for, right? When someone defaults? We never set up a direct debit, just paid them in cash.

UKNZAUS

A contract is a contract, all legal and binding. They will apply to the Tenancy Tribunal for rents owed, plus the water and other bills owing to the property whether you have tried to find a new tenant or not.

So in answer to your question, yes they will come looking for you. Hiding will only make it worse

Beachcombers

If you have given notice, just have a couple of weeks left and the bond money is enough to cover it, then it should be ok. But you have no come back, if they come after you for damages/cleaning and any upaid bills (how was your water paid for?) etc.

Does not sound like a smart plan to me Maz, sorry to say.

garryhg

also you will have to watch what they say about the house once you have gone....if you have not had a walk through with them,they can bill you for anything....how many weeks early are you going?

surely if you had found a tennant regardless if they didn't like her or not,then that should be ok...its up to them if they refused her...

you might be lucky,you might not,i guess its a chance you take.....

also do you have PR as this wouldn't look good in your favour, small claims court chasing you....gl....jacky

Avid

Yes...as a general rule of thumb...don't break the law while the stamp in your passport is still wet.

I'd guess that if the bond money is more than what you owe them, then they'll be happy to forget about you.

But if it isn't........

Nerine

It could also show up in any future credit checks someone runs on you.

Doesn't it specifically say somewhere in the contract that the bond money cannot be used in lieu of the last few weeks rent? You are still entitled to have that back.

Kippers

This from the tenancy section of the Department of Building and Housing.
http://www.tenancy.govt.nz/tenancy-az-a

Assigning tenancies

An assignment of a tenancy occurs where a tenant wishes to end their interest in a tenancy and either finds a replacement tenant to rent the property or to take over their interest in it. The landlord may, but is not obliged to, find a replacement tenant at the tenant’s request. Once a replacement tenant’s tenancy begins, the original tenant will no longer be responsible for the tenancy from that time. They will still be responsible for any amounts owing to the landlord incurred before that point. Landlords may seek to recover reasonable costs incurred in finding a replacement tenant if the tenant wants to assign a tenancy.

Landlords may refuse to assign tenancies where this is expressly stated on the tenancy agreement. Where it is not, landlords must not unreasonably withhold their consent to assign a tenancy. If a landlord does unreasonably refuse to assign a tenancy, the tenant may apply to the Tenancy Tribunal for them to approve an assignment or to seek termination of the tenancy.

Good luck

Kip

Maz

I think we're going to pay another month. Blech. I'm going to advertise a ton. Again. Blech. This on top of a mortgage.

Actually makes me feel kind of sick that they turned down a tenant who was completely able to pay.

Maz

It most definitely is.