I will try to keep this straight. I'm the landord.

1. Hubby & Wife signed agreement last week, bond etc not paid yet.
2. meantime they have had drama, major bust up she's taken leave under the domestic violence act, dogs and kids involved so it's a bit messy.
3. i wish to re-issue her the tenancy under her name only.
4. just want to be clear on the process regarding cancelling a tenancy that hasn't started.

Can't get through to Tenancy Services as they are overloaded.

godzilla06 - 2021-01-25 11:44:00

Theoretically since the TA has been signed and it’s still January, you could make them give 3 weeks notice.

However, you can contract out of the TA as the landlord and call the previous TA void and sign a new one with the wife as long as the husband is willing to fold his tent and leave the agreement.

ETA. I’m prepared to be told I’m wrong about my second paragraph

In case you don’t know the amendments to the RTA that start from February 1st have specific provisions for Domestic Violence

Edited by princess52 at 12:01 pm, Mon 25 Jan

princess52 - 2021-01-25 11:59:00

princess52 wrote:

Theoreticall-
y since the TA has been signed and it’s still January, you could make them give 3 weeks notice.

However, you can contract out of the TA as the landlord and call the previous TA void and sign a new one with the wife as long as the husband is willing to fold his tent and leave the agreement.

ETA. I’m prepared to be told I’m wrong about my second paragraph

In case you don’t know the amendments to the RTA that start from February 1st have specific provisions for Domestic Violence

Thank you for your reply - yes I do know of the new DV provisions.... another reason I certainly don't want him on the agreement.

The move in date is apx 3 weeks from now, possibly sooner, time is not on my side to get this sorted. However, (and I don't normally let this sort of thing affect my judgement) I don't want to cut this lady loose, and she certainly needs the security of this tenancy.

godzilla06 - 2021-01-25 12:08:00

In further news, I have just checked and I have not actually signed this agreement yet.

godzilla06 - 2021-01-25 12:12:00

Can you be sure that she is safe living in a property where he knows the address. Can you recommend to her that she gets advice from Women's Refuge etc.

happen - 2021-01-25 12:30:00

happen wrote:

Can you be sure that she is safe living in a property where he knows the address. Can you recommend to her that she gets advice from Women's Refuge etc.

She already is in talks with them and has support from her friends and family. Unfortunately whereever she goes he will find out, and the fact she has 2 large dogs means she will struggle to find somewhere... this place is dog friendly and she's really wanting to move in. I am in a position to help her (would be easier to turn away for sure) so I am going to.

godzilla06 - 2021-01-25 12:35:00

godzilla06 wrote:

In further news, I have just checked and I have not actually signed this agreement yet.

Have you accepted bond and / or rent?

ETA- sorry missed not paid in OP

Edited by artemis at 1:46 pm, Mon 25 Jan

artemis - 2021-01-25 13:44:00

I'm assuming the man no longer wishes to take up this tenancy? In which case this shouldn't be an issue to simply reissue to the wife.

sparkychap - 2021-01-25 13:51:00

artemis wrote:

Have you accepted bond and / or rent?

ETA- sorry missed not paid in OP

:) No problem, so no money accepted and agreement not signed by LL.

godzilla06 - 2021-01-25 13:53:00

sparkychap wrote:

I'm assuming the man no longer wishes to take up this tenancy? In which case this shouldn't be an issue to simply reissue to the wife.

I haven't heard from him directly, in fact have only dealt with wife all the way through, and not really willing to contact him now.

godzilla06 - 2021-01-25 13:54:00

The member deleted this message.

oakcottage - 2021-01-25 14:55:00

I had a similar situation-the partner left and then came back-broke 4 doors, including the glass entry door, about $4000 worth of damage which took tenancy tribunal to sort out. I'd get rid of the whole family altogether and get something else as this could be an ongoing thing. Tell them you decided to renovate and sell. Under current rules 42 day notice, otherwise it will increase from February. I also wanted to help, but the road to hell is paved with good intentions, you will be better off with another tenant altogether. Also, women are forgiving and often take men back. needless to day it never works, but you will be stuck with this for ages.

Edited by evoalg at 3:15 pm, Mon 25 Jan

evoalg - 2021-01-25 15:13:00

I was going to say No Good Deed Goes Unpunished, but thought I'd get accused of being "negative" so deleted my post. Evoalog's post is exactly what I wanted to say. She'll take him back and your property and her paying the rent will suffer. Is your inevitable stress worth trying to help? Three times of being 5 working days late in paying rent in a 90 day period before you can even get them to the tribunal and then I think 63 days notice to evict? That's a lot of unpaid rent...and evicting someone who beats women won't be pretty...... it's an old saying for a reason.

Edited by oakcottage at 4:11 pm, Mon 25 Jan

oakcottage - 2021-01-25 16:11:00

evoalg wrote:

I had a similar situation-the partner left and then came back-broke 4 doors, including the glass entry door, about $4000 worth of damage which took tenancy tribunal to sort out. I'd get rid of the whole family altogether and get something else as this could be an ongoing thing. Tell them you decided to renovate and sell. Under current rules 42 day notice, otherwise it will increase from February. I also wanted to help, but the road to hell is paved with good intentions, you will be better off with another tenant altogether. Also, women are forgiving and often take men back. needless to day it never works, but you will be stuck with this for ages.

You have to be careful with the reason if you have a signed TA. As the ll hasn’t signed the TA and hasn’t accepted any money, they can (currently) just say they don’t wish to proceed without giving any reason.

princess52 - 2021-01-26 14:56:00

Get rid of them, it is risky to business now and will be very high-risk next month.

masturbidder - 2021-01-26 17:00:00

I think the statistics say a woman leaves an abusive partner seven times before it is permanent. Who is to say she won't take him back? I would move on if I were you.

pleco - 2021-01-27 05:58:00

Godzilla, I admire your kindness and desire to help.
Personally I'd probably do things differently than you, but I really do love your motivation behind your choices.
Please keep us informed as I'd love this tale to have a happy ending for your and your tenant.

Edited by desi1969 at 1:07 pm, Wed 27 Jan

desi1969 - 2021-01-27 13:06:00

desi1969 wrote:

Godzilla, I admire your kindness and desire to help.
Personally I'd probably do things differently than you, but I really do love your motivation behind your choices.
Please keep us informed as I'd love this tale to have a happy ending for your and your tenant.

Thanks. Normally I would be very black & white, but this time I'm choosing not to look away.

godzilla06 - 2021-01-27 13:32:00

Shame the waiting list is so long, sounds like they would be ideal tenants for Kainga Ora.

https://kaingaora.govt.nz/tenants-and-communities/our-tenant
s/having-a-pet/

serf407 - 2021-01-27 14:21:00

masturbidder wrote:

Get rid of them, it is risky to business now and will be very high-risk next month.

I agree. Avoid getting involved with their problems. It will only end badly.

megan109 - 2021-01-27 22:00:00

The member deleted this message.

mals69 - 2021-01-27 23:44:00

The member deleted this message.

mals69 - 2021-01-27 23:47:00

Awful situation. Did you accept the dogs as part of the tenancy? There is a new charity - Pet Refuge - whose sole purpose is to provide a place for the animals of domestic violence. I have donated several times to them as part of my business as I see this particular charity as being a win:win for so many victims. I agree that this situation will probably only end badly. Be kind, but also look after your own health and assets. Good luck.

cameron-albany - 2021-01-29 21:01:00

cameron-albany wrote:

Awful situation. Did you accept the dogs as part of the tenancy? There is a new charity - Pet Refuge - whose sole purpose is to provide a place for the animals of domestic violence. I have donated several times to them as part of my business as I see this particular charity as being a win:win for so many victims. I agree that this situation will probably only end badly. Be kind, but also look after your own health and assets. Good luck.

I might be wrong but I don't think this charity is open for business yet?

megan109 - 2021-01-29 21:20:00

godzilla06 wrote:

She already is in talks with them and has support from her friends and family. Unfortunately whereever she goes he will find out, and the fact she has 2 large dogs means she will struggle to find somewhere... this place is dog friendly and she's really wanting to move in. I am in a position to help her (would be easier to turn away for sure) so I am going to.

I think I actually love you.

melagray - 2021-01-29 21:31:00