We print out an Arrears List Daily.

This shows us which tenants are behind in their rent. Legally with the Residential Tenancies Authority, it is not until a tenant falls 7 days in arrears, that we can send them a notice to remedy breach (Form 11). However as we do contact our tenants prior to falling 7 days behind to chase them up with their rent, it is rare that a Form 11 is issued.

However, in the case that a tenant has been sent a Notice to Remedy Breach (Form 11) they have 7 days to remedy the breach, which in this case would be rent arrears. If within these 7 days the rent has not been paid up to date, after its expiry a notice to leave (Form 12) can be issued.

With regards to rent arrears, the notice required to be given on a notice to leave (Form 12) is 7 days. This gives the tenant 7 days to vacate the premises.

As you can see we end up losing 3 weeks bond, using this process. (Under the Real Estate Act, this is the only process we can use.)

If the tenant has not vacated the premises by the expiration date of the Notice to Leave (Form 12) then an application to the Small Claims Tribunal is lodged immediately for a Warrant of Possession.

Due to the time limits we have for the arrears / eviction process, many owners choose to cover themselves with Landlords Preferred Policy Insurance.

Read about our inspection & maintenance policy...

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