Joint owner information
Question from Sarah updated on 1st May 2019:
I have recently found out my ex-partner is renting out our joint property without my knowledge or consent. If he has done this through a property manager, should they have contacted me? And do I have any legal rights to the information such as who is renting it, when the tenancy started, etc? I spoke to Tenancy Services. However, due to my name not being registered as a landlord, they were unable to provide me with any information.
Our expert Bernard Parker responded:
A property manager will usually take the word of a property owner that they have the authority to appoint the property manager. In many management agreements the owner is asked to confirm that they have the authority to appoint the property manager. In the case of joint owners, the signature of one of the owners is usually sufficient. Sometimes a relationship breakdown happens during the management term, and sometimes it has already happened beforehand.
The best advice I can give is to communicate with your ex (either directly or via your lawyer). Also, ask for details of the tenancy and a full financial account of income and expenditure. In the event of a property settlement this information will have to be provided to you anyway but, nevertheless, you as joint owner have the right to such information.
Bernard is principal of Quinovic – Kapiti-Mana. Quinovic's outstanding people and systems provide the most professional, effective and reliable residential property management service in the NZ market for over 30 years.