RentAssured property manager Tracie Williams served a 90-day notice in March but appeals dragged it out 229 days. Photo / Stephen Parker
RentAssured property manager Tracie Williams served a 90-day notice in March but appeals dragged it out 229 days. Photo / Stephen Parker
Property managers who had to wait 229 days to terminate a tenancy say besides the eviction ordeal the woman was "a good tenant".
The Rotorua tenant was served a 90-day notice on March 27 this year following ongoing disputes and issues between them and neighbours, who were alsoserved termination notices and left.
For legal reasons the Rotorua Daily Post cannot report exactly what the disputes involved but RentAssured property manager Tracie Williams said the woman "always paid her rent on time" and was even owed rent.
"There was no damage to the property when we walked in . . . It was spick and span. I have to say if all tenants left their houses like that when they vacated I'd be rapt.
RentAssured served the notice for the Pukehangi property but an application to the Tenancy Tribunal and subsequent appeals in the District and High Courts dragged the matter out.
The tenant claimed the notice was invalid and served in retaliation for her insistence upon her right to quiet enjoyment.
The tribunal dismissed that claim, as did the District Court and High Court.
In its finding, the High Court dismissed the appeal but did not make an immediate order for possession so the matter was returned to the Tenancy Tribunal.
The tenant sought a further 90 days to vacate but in a November 11 finding the Tenancy Tribunal ruled not giving the landlord immediate possession would be "manifestly unjust".
"The landlord would be unfairly stymied in their attempts to gain possession through no delay or tardiness on their account."
Williams said she was happy with the final decision "but it has just been such a long drawn out ordeal for us".
"It's something that we hadn't really come across, or no one had really come across, with the District Court, then the High Court, then back to the Tenancy Tribunal.
"There was very little experience in this area available in New Zealand."
Rotorua courthouse. Photo / File
She said the 229 days had been "very worrying" and "very, very frustrating" for RentAssured and "stressful" for the owner and neighbours.
Williams also said RentAssured offered the woman other properties.
"Sadly [she] decided to decline on those."
Williams said nobody else in the New Zealand Property Investors' Federation had faced a situation like theirs.
"It was starting to get a bit over our heads and due to all the formality of the High Court we were required to employ a barrister. Because where does it end?
"We just wanted it finished. Kaput. We were drained. You know you're not sleeping. You're going to these hearings. You're waiting for an outcome."
Williams said the ordeal had come to a nice end "but it does make you wary now".
