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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22763
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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With regard to previous question the tenant has been there

Customer Question

With regard to previous question the tenant has been there for one year so we may still be fined. If we give 42 days notice now does that mean we can only put the house on the market after 42 days they don't want auction or open homes and will only allow
appt to view fortnightly for one hour which does not seem reasonable.
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

You can give the notice now, and start selling but of course there will be limitations on open homes. sEction 47 of the Residential Tenancies Act in fact requires you to give prompt notice that you are selling, so you are complying with the law by giving notice. However their proposal about access is not reasonable. Section 48 of the Act says you rights on a sale are:-

With the prior consent of the tenant, the landlord may enter the premises at any reasonable time for the purpose of showing the premises—

  • (a)to prospective tenants; or

  • (b)to prospective purchasers; or

  • (c)to a registered valuer engaged in the preparation of a report on the premises; or

  • (d)to a real estate agent engaged in appraising, evaluating, or selling or otherwise disposing of the premises; or

  • (e)to an expert engaged in appraising or evaluating the premises; or

  • (f)to a person who is authorised to inspect the premises under any enactment.

(3A)For the purposes of subsection (3), the tenant—

  • (a)may not withhold his or her consent unreasonably; and

  • (b)may make the consent subject to any reasonable conditions.

Expert:  Chris The Lawyer replied 1 year ago.

So what they suggest is not reasonable and you will need to tell them what you propose, and your land agent will have a clear view of what will be needed for selling, and what is reasonable.

Expert:  Chris The Lawyer replied 1 year ago.

As for the bond, you should still pay this in, even if it is late, as these tenants are obviously likely to cause problems, and you are unlikely to be fined if this has actually been paid in.

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