All Topics / Help Needed! / Tenancy conditions

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  • Profile photo of SPTSPT
    Member
    @spt
    Join Date: 2004
    Post Count: 10

    Hi all

    Could any one please offer any advice if it is legal in New Zealand to charge a non payment fee for unpaid rent ie $30.00. This would be described in the tenancy agreement and would cover your time required to chase the tenants for payment. It would also act as a deterrent to have rent paid on time. If someone questions it prior to signing then perhaps the are the sort of tenant you do not need.

    What other useful conditions do people add to tenancy agreements? I heard one recently where it is the tenants responsibility to have the carpets professional cleaned prior to vacating.

    Cheers

    SPT

    Profile photo of elveselves
    Member
    @elves
    Join Date: 2003
    Post Count: 507

    a number of leases I have seen do state that the carpets must be professionally steam cleaned when tenants vacate.

    My brothers leased a place and was told he was not permitted to smoke inside the unit.

    many leases state no pets

    some may not state it, but are vetted eg kids free zone (hard pressed to prove this as well as low income earners). thats why they have numerous applications.

    I know there are more but you would have to watch for discrimiation and legal implications with any lease that is prepared. An agent can advice.

    Elves

    ” a blind man may see what a sighted man may not”

    Profile photo of u9026au9026a
    Member
    @u9026a
    Join Date: 2003
    Post Count: 16
    Originally posted by elves:

    some may not state it, but are vetted eg kids free zone (hard pressed to prove this as well as low income earners).

    I know there are more but you would have to watch for discrimiation and legal implications with any lease that is prepared. An agent can advice.

    Elves

    Never a truer word spoken. <offensive- edited by kay henry>

    Of course, this is illegal and cannot be written into any agency agreement or contract, but by stealth we can still look after our investments because government agencies sure as hell won’t do it for us.

    Profile photo of thecrestthecrest
    Participant
    @thecrest
    Join Date: 2004
    Post Count: 992

    Been a PM in NSW, not much fun sometimes. Declining tenancy applications is a perilous activity and should be handled with care. PM’s don’t have to give a reason why an application is declined, so they don’t.
    Lease clauses are contentious and the Residential Tenancies Act doesn’t support some of them.
    e.g. “tenant must get carpet professionally cleaned upon vacating” – not supported, however, “tenant must leave premises in the same state as when moving in, except for fair wear & tear”, is supported. So, condition report should mention that the carpets were professsionally cleaned before the tenant moved in, and then mention in additional clauses that the tenant must do the same on departure, then you stand a chance.
    Ask the prospective PM for a copy of the “usual” additional clauses landlords are now using.
    Re the unpaid rent fee – grasping smoke here, if you can’t collect the rent you can’t collect a late fee, and it’s most likely their tenancy act is also weighted in favour of the tenant, like NSW.Also, any move to amend legislation for a late fee on rent would attract a proposed amendment for a late fee (read rent reduction) on repairs and maintenance levied on landlords. Tribunals can already so order, but at their discretion, not arbitrary.
    KISS method works in most cases. Best way to avoid rent arrears which are the most infuriating nuisance, is to buy good properties, charge fair rent, repair and maintain like greased lightning, and SELECT GOOD TENANTS because they’re the people PM has to deal with. Crap begets crap.
    there’s a blunt and tactless 2 cents worth, but it’s from the front line.
    good luck
    thecrest

    thecrest | Tony Neale - Statewide Motel Brokers
    http://www.statewidemotelbrokers.com.au
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    selling motels in NSW

    Profile photo of DDDD
    Member
    @dd
    Join Date: 2004
    Post Count: 508

    we had a choice of a 20yo sister and 19you brother team renting off us or vacant, we stayed vacant.

    Now have a single mother going in that looks like a much better option.

    $5.00 less a week but so much safer to have a slightly better tenant.

    good luck

    DD

    Don’t sweat the small stuff,and it’s all small stuff!!

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