cappuccino

I am moving out of my rental on 9th March and the tenancy officially ends on 15th March. My landlord doesn't know that I plan to move out on 9th but I voluntarily offered that he could bring prospective tenants through between 9th and 15th. He is saying that he wants the open home on Saturday 28th Feb. He worded his email such that he will sign off the inspection on that date only which would enable me to get my bond back.

Do I have to agree? Can he be awkward and hold it against me ie witholding part of the bond for some obscure reason? I feel backed into a corner and really don't like the idea of being forced out of 'my home' for the day of his choice when I have offered him a week when he could conduct the open home.

I have very little contact with him for the 12 months I have been living here - he didn't even do a mid-lease inspection!

shirl

I don't think he can withhold your bond for the reasons you are worrying about. Only if the property has been damaged or carpets etc not cleaned if you have agreed to that. Perhaps you should say that yes you can bring people around but I will be home - that may put him off. He may not want you there. Contact the Tenancy Board to find out your rights about bringing prospective tenants around. They will give you the info that you are legally bound by. Good luck.

Am Loolah

From Section 47 (3) of the Residential Tenancies Act ...

"{(3) For the purpose of showing the premises to prospective
tenants or to prospective purchasers, or to a registered valuer
engaged in the preparation of a report, the landlord may, with
the prior consent of the tenant (which shall not be unreasonably
withheld) and subject to such reasonable conditions as the
tenant may attach to that consent, enter the premises at any
reasonable time."

HTH

Wiz'n'Ton

That is a tricky one isn't it? The law states that tenants should give 'reasonable' access to landlords wanting to show prospective new tenants the property. As a landlord, he will want to show people around as early as possible so that he minimises the time the property will be empty.

It's great that you have given him a window to do this, but if he wants it to be the 28th and has given you plenty of notice, is there a reason why you don't want to do this?

I don't think there is an issue over witholding bond over access issues - it is for damage to the property etc.

With what sounds like close to 1 year of trouble free tenancy on both sides behind you, it sounds like the 28th is reasonable?

I hope you sort it with no trouble - but there is a website that deals with exactly these types of issues: http://www.dbh.govt.nz/tenancy-index

Good luck!

cappuccino

Thanks guys. I wasn't planning to be awkward but I want to spend that whole weekend packing as I will have very little other opportunity. I will take your advice and ask if I can be present for the open home. After the 9th I don't care what he does cos I wont be there.

I hope that 'Petrol head' next door is having one of his '4car rev fests' that day

Am Loolah

Maybe suggest you are happy for the equivalent of an open home, where he can "present" the property between such and such and such and such time, at most an hour?

harrogate girl

Hi I hope this will help but do have a look at www.nz-immigration.co.nz rental accommodation.

also a good site to look at is www.tpa.org.nz gives lots of info but go to Terminating a Tenancy
Have to say the Landlord has not done a good job inspection should have been done quite often not mid-lease.
Should you need to claim the bond TEL 03 371 2100 can help you.

If either party applies FOR THE BOND without the consent of the other the executive will give the other party notice of the application in the event of a dispute the executive will refer the matter to the tribunal. Did you do a property inspection report and signed by you and the Landlord on the day you moved in.
Have to say as you want to come out of the lease before time its good if you could agree with the Landlord the time of the open home, some would not even bother as they have you thats the bond money!!!.

Have you just purchased a home could you not still go back on the possession date on your terms?.
Hope this will help
Lin

BEVS

Late to the party but I will echo Wiznton here.

The very best place to gain advice about tenancy is the actual government tenancy website HERE

You phone them and they will tell you what is reasonable and what is not.

CarolineSwan

In our contract it states that owner is allowed to have an open home with us vacating premises for said time, not all day though an hour im sure it said and says if this was to happen they would give us written notice of when the open home would be,so would check your contract

hth caz