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Old Aug 26th 2007, 12:21 pm
  #31  
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Default Re: Rates

Originally Posted by cypherpunk
Sure am and sure do, just don't need to buy a pile of boards and nails to prove it.

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Old Aug 26th 2007, 12:38 pm
  #32  
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Default Re: Rates

Originally Posted by niseysOH
Not looked yet as to how protectable your tenancy is if someone decides to sell
45 days notice if the Owner or their Family want to move into or sell the property.

90 days if they just want you out or they can apply to the tenancy tribunial to get you removed sooner if you have breached any of the terms of the tenancy and may cause damage.

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Originally Posted by Colin in the middle
In other words your not a permanant resident so you have no fixed future plans.

Sure am and sure do, just don't need to buy a pile of boards and nails to prove it.
Good for you
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Old Aug 26th 2007, 11:09 pm
  #33  
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Default Re: Rates

Originally Posted by Colin in the middle
45 days notice if the Owner or their Family want to move into or sell the property.

90 days if they just want you out or they can apply to the tenancy tribunial to get you removed sooner if you have breached any of the terms of the tenancy and may cause damage.
Not on a fixed-term tenancy. They can only be ended by mutual agreement between landlord and tenant, by going to the tenancy tribunal and claiming breach of the tenancy agreement or "a serious unforeseen change in circumstances which would cause them hardship to continue with the tenancy, and greater hardship than would be caused to the other party to the tenancy by ending the tenancy early", or by mortgagee sale. See here.
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Old Aug 26th 2007, 11:20 pm
  #34  
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Default Re: Rates

More fool you for entering into a fixed Tenancy agreement.

If a landlord is finding the Tenancy is causing financial hardship to themselves then like you just smugly pointed out they can request the tenancy terminated. Once you starting making a fuss they cant do that then you will find a lot more stress and the tenancy will collapse anyway.

Been there done that seen both sides of the coin and its not as Black and white as you think.
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Old Aug 26th 2007, 11:29 pm
  #35  
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Default Re: Rates

Originally Posted by cypherpunk
Not on a fixed-term tenancy. They can only be ended by mutual agreement between landlord and tenant, by going to the tenancy tribunal and claiming breach of the tenancy agreement or "a serious unforeseen change in circumstances which would cause them hardship to continue with the tenancy, and greater hardship than would be caused to the other party to the tenancy by ending the tenancy early", or by mortgagee sale. See here.
Thanks for the link its got a load of useful detail in it and just what i was looking for....saved me the search this morning.......
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Old Aug 26th 2007, 11:46 pm
  #36  
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Default Re: Rates

Originally Posted by kiwiflyer
More fool you for entering into a fixed Tenancy agreement.

If a landlord is finding the Tenancy is causing financial hardship to themselves then like you just smugly pointed out they can request the tenancy terminated. Once you starting making a fuss they cant do that then you will find a lot more stress and the tenancy will collapse anyway.
That's what the Tenancy Tribunal is there to adjudicate, and from what I've heard they tend to take the tenants' side. In any case it is more secure than a periodic tenancy from the tenant's point of view.
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Old Aug 27th 2007, 12:02 am
  #37  
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Default Re: Rates

Originally Posted by cypherpunk
That's what the Tenancy Tribunal is there to adjudicate, and from what I've heard they tend to take the tenants' side. In any case it is more secure than a periodic tenancy from the tenant's point of view.
Your nieve. Like I said its not Black and White and there are ways and means to get someone to move out. If the landlord gets caught they get in trouble you start quoting the rules and regulations of a Tenancy Tribunial to them chances are they will bite your head off. Personnaly if someone told me that I got to Rent out at a loss I would tell them where to go.
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Old Aug 27th 2007, 12:29 am
  #38  
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Default Re: Rates

Originally Posted by kiwiflyer
Your nieve. Like I said its not Black and White and there are ways and means to get someone to move out. If the landlord gets caught they get in trouble you start quoting the rules and regulations of a Tenancy Tribunial to them chances are they will bite your head off. Personnaly if someone told me that I got to Rent out at a loss I would tell them where to go.
The law and practice of the law in these situations is very much black and white. If you choose not to honour the contracts that you sign then the law will usually deal with you. The Tenancy Tribunal is also good at awarding exemplary damages at $750 a pop for breach of contract.
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Old Aug 27th 2007, 12:36 am
  #39  
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Default Re: Rates

Not got any direct experience of the rental market here yet but if it goes the way of the UK (and that link looks like it does essentially) then the tenant has more often than not a very strong position in an agreement assuming that they behave themselves properly in relation to a rented property.

There are always 'ways' to get a tenant out and i've had to use some of those in the past but if you have a switched on tenant who knows their rights and is not intending to leave you can be in for a very very long battle to remove a tenant from a property even if they've consistently and seriously breached their tenancy agreement. Thankfully and luckily it never affected my properties but i do have a friend who rents a large number of bedsits and houses and who's very much a 'ways and means' type of person who has had months and months of grief with some tenants.

Its the 'nieve' tenant who buckles at the first hint of a problem with their rented property or landlord rather than stands up for their rights.

It is tempting as a landlord to use 'ways' to persuade tenants that its time to go but that is more and more in the UK leading to landlords appearing in courts and generally losing......

I'm sure very similar things happen here..........
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Old Aug 27th 2007, 12:41 am
  #40  
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Default Re: Rates

If anything looking at the link provided the UK has only recently started to catch up with NZ in some Tenancy issues such as the way bonds are dealt with.
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Old Aug 27th 2007, 1:02 am
  #41  
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Default Re: Rates

Originally Posted by cypherpunk
The law and practice of the law in these situations is very much black and white. If you choose not to honour the contracts that you sign then the law will usually deal with you. The Tenancy Tribunal is also good at awarding exemplary damages at $750 a pop for breach of contract.
Less than a weeks rent in Dorkland then what ever you want to believe. I have been down that road and to be honest you will be looking for somewhere else eventually to live and agents and other rental owners will be less inclined to rent to you incase you try the same stunt.

Sorry not nieve but arrogant
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Old Aug 27th 2007, 1:03 am
  #42  
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Default Re: Rates

Originally Posted by cypherpunk
That's what the Tenancy Tribunal is there to adjudicate, and from what I've heard they tend to take the tenants' side. In any case it is more secure than a periodic tenancy from the tenant's point of view.
In our experience they were totally biased towards the Landlord.
When we lost 3/4 of our garden & had 9 weeks of disturbance for a starting a sub-division we were told & I quote "This is what you need to expect when you rent around these days"
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Old Aug 27th 2007, 1:34 am
  #43  
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Default Re: Rates

Originally Posted by kiwiflyer
what ever you want to believe. I have been down that road and to be honest you will be looking for somewhere else eventually to live and agents and other rental owners will be less inclined to rent to you incase you try the same stunt.
Thankfully most kiwi landlords and property managers are honest and professional and know that a contract is a contract. Of course there are a few dishonest and corrupt people in any business, and they tend to tar the whole profession with the same brush, but it really isn't that bad out there. Round here it is a buyer's market for rentals so finding the next one wouldn't be an issue anyway.
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Old Aug 27th 2007, 1:34 am
  #44  
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Default Re: Rates

I got a house to rent cypherpunk want to be my Tenant
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Old Aug 27th 2007, 1:48 am
  #45  
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Default Re: Rates

Originally Posted by kiwiflyer
Personnaly if someone told me that I got to Rent out at a loss I would tell them where to go.

I think quite a few people probably do this to some extent but in reading about LAQC's maybe thats not always a bad thing.............obviously making money is a preferable but then so is taking back some tax...


LAQC= loss attributing qualifying company
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