Question about giving tenants notice
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| 1 | That the property is being sold. Thanks in advance to the wise real estate heads. Two tenancies. One is periodic. Second is a FTT under the old rules - ends 22 January. Am I correct that we have to give 90 days notice to the tenants on the periodic tenancy telling them we intend to sell the property? And do we also give the FTT tenants 90 days? I know we could give less but that doesn’t seem fair. If for some unexpected reason the FTT rolls into a periodic, then do we have to wait to give notice and is it 90 days again? princess52 - 2021-09-18 22:52:00 |
| 2 | See the below link. There are notice templates to use for periodic and fixed and specific timing and info required. But also must let tenants know in writing that the property is going on the market. That is different to giving notice but could happen at the same time. Depending on timing, can notify the fixed term tenants that the property is going on the market, tenancy will not be renewed and notice will be given in accordance with the rules. Important to follow the specifics carefully or notice may be set aside. Also suggest you consider if you will allow the fixed term tenants to leave early. The periodic tenants can give notice. Little bit complicated, as are many aspects of being a landlord these days. Needs a plan and timetable!! www.tenancy.govt.nz/ending-a-tenancy/change-of-landlord-or-t artemis - 2021-09-19 07:01:00 |
| 3 | Look at it this way: You can give the tenants notice that you are putting the property on the market now, allowing you to start marketing, viewings, etc (as agreed with the tenant). Once you've got an unconditional offer, THEN you can issue notice to terminate - 90 days for the periodic, and (dependent on timing) within 21-90 days before the end of the FTT. Or you can issue the tenant 90 days notice to quit (periodic tenancy) and start marketing AFTER the 90 days notice is over. What you CAN'T do is issue a 90 day notice to quit and start marketing the property immediately. Edited by sparkychap at 8:39 am, Sun 19 Sep sparkychap - 2021-09-19 08:38:00 |
| 4 | Thanks Artemis and sparky! princess52 - 2021-09-20 16:07:00 |
| 5 | And two more rentals hit the market. keys - 2021-09-21 17:53:00 |
| 6 | keys wrote: Great, two more properties for other investors or FHBers. sparkychap - 2021-09-21 18:17:00 |
| 7 | keys wrote: Yes. I wonder whether they will be bought by someone intending to rent them, or by someone who is currently renting, who will leave a rental available when they move, or by someone who currently owns, who will sell their current house to an investor or a current renter, or... luteba - 2021-09-21 18:19:00 |
| 8 | all information is available on the Tenancy web site as shown above. All forms are there with various scenarios. Notice periods differ depending on circumstances. You need to remember you can NOT evict anyone under Level 4 lockdowns. In some cases only 63 days notice needs to be given. Edited by spead at 8:37 pm, Tue 21 Sep spead - 2021-09-21 20:35:00 |
| 9 | spead wrote: pretty sure my original post said nothing about evicting anyone, nor about level 4. We are out of level 4 tonight. I asked the questions because I wasn’t completely sure what the process is under the new legislation. You will note I talked about 90 days notice for each tenancy, even though we could give 21 days for the FTT. We’ve also been “stuck with” the tenants from hell in another property for an extra 5 weeks because of lockdown. They were due to end their tenancy on August 23rd. princess52 - 2021-09-21 21:18:00 |
| 10 | luteba wrote: potentially someone who will move the villa off the section or demolish it and put in a couple of townhouse or apartments. It’s on a main road. The properties are either THAB or MHUZ Edited by princess52 at 9:25 pm, Tue 21 Sep princess52 - 2021-09-21 21:19:00 |
| 11 | Why do people keep calling it Eviction, that is an entirely different process to simply ending a tenancy agreement by giving appropriate and legal notice. Eviction is when the court orders that the tenant leave. kenw1 - 2021-09-21 21:19:00 |
| 12 | To add to the tenants from hell, it’s a 4 bedroom place but one of the tenants had gone before lockdown. So we are getting reduced rent from the 3 who’ve stayed. princess52 - 2021-09-22 02:30:00 |
| 13 | princess52 wrote: Which is illegal. Joint & severely liable. pcle - 2021-09-22 06:24:00 |
| 14 | pcle wrote: FTT so the tenant who left did so legally at the end of the term. Ergo not illegal just a way of getting through Level 4 for tenants who were so disorganised they hadn’t got somewhere to go princess52 - 2021-09-22 16:18:00 |
| 15 | kenw1 wrote: Because there's a difference between the NZ legal definition (which is as you describe), and the common dictionary definition, which is just making someone leave their home. See, for example, the multiple uses at https://dictionary.cambridge.org/dictionary/english/eviction - some of them could describe a legal process, others are very clearly what in legal terms we would just call "giving notice". We can't really blame people for using a word according to its common meaning rather than its legal one. luteba - 2021-09-23 08:54:00 |
| 16 | luteba wrote: So true. There are many who move from a rental to an owner situation. However, for each who leave a rental and that rental remains with other occupants (large occupancy situation) It is another rental lost to the pool. As you well know. keys - 2021-09-23 10:56:00 |
| 17 | Any update princess? sparkychap - 2021-10-26 13:06:00 |
| 18 | sparkychap wrote:
Not yet sparky, but thanks for asking. I am really going to miss you. johnston - 2021-10-26 14:53:00 |
| 19 | johnston wrote: orphic1 - 2021-10-26 16:30:00 |
| 20 | *Reaches out arms for a bro hug with johnston and orphic* I'll miss you too guys. sparkychap - 2021-10-26 16:38:00 |
| 21 | sparkychap wrote: did you see my vanishing thread earlier sparky? Gave both sets of tenants 90 days notice on Saturday. REA came for a chat on Sunday. Presented unconditional offer yesterday. Sold (for a smidge more than original offer) today, sight unseen One lot of (periodic) tenants told us they are moving out in 2 weeks today. Have told them that it’s 28 days notice but we will accept 21 days. Settles early February Edited by princess52 at 10:40 pm, Tue 26 Oct princess52 - 2021-10-26 22:38:00 |
| 22 | I’m going to miss you all too! princess52 - 2021-10-26 22:39:00 |
| 23 | The FTT tenants indicated that they’d been thinking about moving too. Point of 90 days notice is in part because it’s often cheaper and easier to find a rental before Christmas in our sector of the rental market in Auckland. Mind you, that could be different this year depending on ability to travel! Wrote a letter which was delivered with the notice explaining the notice and that we would discuss notice periods to suit the tenants when they found something else. So, the FTT could give 21 days when they found somewhere. princess52 - 2021-10-26 22:44:00 |
| 24 | princess52 wrote: Yes I did! So presumably you signed agency agreement to market the property? sparkychap - 2021-10-27 06:43:00 |
| 25 | johnston wrote:
Oh I am definitely going to miss this .... desi1969 - 2021-10-27 11:04:00 |
| 26 | sparkychap wrote: yes we did. Didn’t pay any marketing costs. Told the agent that no one could go through until the tenants have moved out. As I mentioned in the earlier posts, there are a lot of options with the property It’s in 2 legal 4 bedroom flats. It’s on a reasonable sized site. It’s next to THAB places and is a MHUZ The front is a gorgeous old villa. So: princess52 - 2021-10-27 11:31:00 |
| 27 | desi1969 wrote: I’m a bit concerned that johnson is also a princess……… princess52 - 2021-10-27 11:31:00 |
| 28 | princess52 wrote:
I'm more concerned this is news to you. desi1969 - 2021-10-27 12:00:00 |
| 29 | princess52 wrote: Ah, ok. You probably don't want to know this, but your notice to the tenant is technically unlawful. You can't give notice and then start marketing the property, even if no viewings are allowed until after tenants have vacated. Hopefully it won't be an issue for you, but in this situation, the tenant *could* apply to the TT to have the notice overturned. sparkychap - 2021-10-27 18:27:00 |
| 30 | desi1969 wrote: I'm concerned he's taken so long to realise it himself. sparkychap - 2021-10-27 18:28:00 |
| 31 | sparkychap wrote: yes. I saw that in the earlier posts. We didn’t intend to list or market it until the tenants had left. I actually said that in the letter we gave to each of the tenants with the notice. My husband decided to ring the agent to have a chat. Obviously there was no advertising. The purchasers checked it out online - and made their unconditional offer without looking at the property I don’t think there will be an issue. Looks like both sets of tenants will have moved out in the next few weeks. My husband heard from a PM today looking for a reference for the front flat tenants. And as I said yesterday, the back tenants gave 2 weeks notice yesterday. I did listen to what you said in the earlier part of this thread. I told the darling too. Sometimes darlings don’t listen as well as they might….. We have had a good bunch of tenants bar the ones from hell that we got stuck with for longer due to the lockdown. They’ve finally gone. I’m always stunned that no one rings for references for bad tenants. The hilarious thing was the tenant from hell who appointed herself as head tenant. She asked for a reference - um NO Edited by princess52 at 10:01 pm, Wed 27 Oct princess52 - 2021-10-27 21:54:00 |
