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Too Many Tenants

Too Many Tenants

Overcrowding is a hot topic in Auckland, but it can happen in any rental, writes Aaron Tunstall.

By: Aaron Tunstall

1 March 2016

Auckland apartment overcrowding hit the news last month, but it’s nothing new. This is an issue in high-demand cities all over the world, from Sydney to New York to Dubai.

When Impression gets a new apartment under management, we occasionally find the owner has been struggling with too many tenants squeezed into the space. Our property managers are experts at identifying instances of overcrowding and nipping them in the bud.

But don’t think this couldn’t happen to you. Any rental property can become overcrowded and it’s a serious problem. There are major health and safety implications for the inhabitants, especially in the event of a fire or other emergency. For landlords, it’s not only a risk to your tenants, but also causes significant increases in wear and tear. If this is happening in your property, you need to deal with it immediately.

The first, and best, method of counteracting this problem is to prevent it. You should:

▶ Screen your tenants thoroughly before signing them up – this seems obvious, but for some reason not everybody does this.

▶ Ensure your tenancy agreement contains a stated maximum number of tenants and explain this clearly to your tenants before they move in. Tell them what they can expect to happen if they don’t comply with this limit.

▶ Inspect regularly. Don’t wait six months to discover that your three-bedroom house is home to nine adults. We inspect each apartment at least every four months and any red flags mean a reinspection soon afterward. Traditionally overcrowding is most likely to be an issue at the lower end of the rent spectrum, so check your property more often if it is one of the cheaper rentals in the area.

▶ Get to know the neighbours and let them know they can call you if there’s anything untoward going on in your property. If you are an apartment owner, get to know your building manager and security team. When you do your inspection, be on the lookout for indicators of extra people living in the property, and don’t forget to take photographs:

▶ Additional bedding, such as mattresses on top of beds, air mattresses, or foam squabs shoved under the sofa.

▶ A hallway full of shoes – far too many pairs for the number of inhabitants who should be there.

▶ Rooms crammed with tenants' belongings. There are people who like to have a lot of stuff, but this is a red flag for overcrowding.

▶ More toothbrushes than tenants.

▶ Unusually high water bills are another clue. It’s hard to catch out ‘hot-bedders’, where shift workers co-exist with day workers, but high water usage is one sign.

What Should You Do?

We work closely with building managers and security services. They are as keen as we are to prevent overcrowding and can help by watching closely if there are any suspicions (neighbours can help with this too). Because overcrowding is a difficult problem to prove, it’s preferable to have a conversation with the tenants and sort it out in person if you can. If you’re not totally sure of your rights, call Tenancy Services before you talk to the tenants. Even our experienced property managers sometimes call them if they strike a little used or confusing part of the Residential Tenancies Act; the service is excellent.

If that fails, you can serve a 14-day notice to the tenants. They have failed to meet their tenancy agreement by having too many people in the property. Gather evidence of the problem using your own observations and photographs, as well as statements from the neighbours or building manager.

If you are having ongoing struggles with overcrowding in your property, you could pay a reputable property management company to sort it out and find you some new tenants. Even better, just hand the property management over entirely – problem solved.

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