GUIDING HOME OWNERS, BUYERS, SELLERS & INVESTORS

NZ's Most Reputable & Independent Hub Of Property And Real Estate Advice

CLAIMING DAMAGE, AND LANDLORD'S RIGHTS WHEN SELLING

Unpaid rent, damage and tenants

While most investors are law abiding landlords, it can be easy to overlook notice requirements, time frames and the rights of your tenants, especially if you're inexperienced.

The resources here provide a range of perspectives and will help you manage situations with your tenants that will give you and them peace of mind - hopefully.

Calling in the experts

You might want to get a property conveyancer to manage the whole sale process, including your tenants for you.

You can find out more about conveyancers here.

Conveyancing won't come free but it will be done in less time and without the DIY worry.

They'll be able to advise you about the legal requirements throughout the whole process and you'll know everything is done correctly and within your time frame.

Rights of entry - the ins and outs

Before you start the process of giving notice to tenants, Tenancy Services provides comprehensive information about rights of entry, maintenance and inspections.

Reduced rent can be offered in exchange for getting tenants to be helpful while the property is on the market.

Getting tenants to cooperate

Some investors incentivise their tenants with reduced rent payments for a period in return for keeping the property clean and tidy while on the market.

Getting tenant cooperation can make a big difference between selling at an optimum price or not selling at all because buyers just can't see past the clutter.

Not all rentals are kept untidy, but if you are concerned, rent reduction can give you a better return in more ways than one.

Get advice about this from your lawyer or conveyancer.

You can show your tenants some before and after photos here, to help them do their best.

You can get help for unpaid rent through the Tenancy Service.

Help! Unpaid rent!

If your tenants have unpaid rent due, you can get help from Fast Track which is resolution service run by Tenancy Services and is a quick way to resolve issues such as payment of rent arrears owed to you.

Tenancy Services has PDF documents suited to a variety of breach situations that are free to download.

Alternatively, you might prefer to approach the Tenancy Services mediation service.

You have to apply to the Tenancy Tribunal service first and they then determine if your case should be referred to the mediation service.

This would take longer than the Fast Track service, so try that first.

Showing buyers through rentals

As a busy investor, coordinating buyer viewings with tenants who have busy lifestyles can be frustrating.

Ensuring you have all the correct information from the get-go can save you time and money correcting anything inaccurate or having to getting signatures a second time around.

Damaged
property?

Some quick FAQs.

Claiming for damage and repairs

When you've invested time or money into improvements and maintenance that make a property presentable and comfortable for tenants, it can be disheartening when you see the condition at the end of a tenancy.

Tenancy Services has a good range of relevant practical advice and FAQs pertaining to this which includes what to do when there is a problem, and what responsibilities belong to whom.

Citizens Advice Bureau has a page of FAQs targeted at tenants, however, it also provides landlords with good information.

By understanding the tenants better, you might get through the process faster and with the least amount of stress.

The Tenancy Protection Association in Christchurch (non-government), was established for the protection of tenants, along with education and advice for them and summarises the obligations of both parties, so you can get both perspectives.

Check your tenant has contents insurance

If your tenant has accidentally caused damage to your property, it may be that they are covered by their own contents insurance if they have it. You may be more likely to succeed in recovering the cost of repair this way.

Tenancy Services provides a PDF check list to help landlords end a tenancy appropriately.

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