All Topics / Help Needed! / Tenancy conditions
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
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”
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.
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
thecrestthecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
Email Me | Phone Meselling motels in NSW
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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