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KillerHulk

348 posts

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#208785 27-Feb-2017 15:43
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hi,

 

wanted to know something.

 

i reserved a room for someone from april till november, thinking he would get his student visa everyweek.

 

So i can ask him to pay me the money for this period  ????

 

suggestions please





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timmmay
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  #1727236 27-Feb-2017 16:05
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More context required.




KillerHulk

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  #1727246 27-Feb-2017 16:20
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This kid, got my contact through someone. and he is in india.

 

He was coming to nz on student visa.

 

And yes, i was looking for a tenant for my empty room.  Thus he did not get his visa approved yet but wanted him room secured. Thus i reserved the room for him .

 

Even i did not knew that it might take few months to get his visa. bcoz he used to be in touch with me with any update on his status.

 

Since April i have reserved the room for him, did not get another tenant in this period. And he arrive sometime in mid November.





I Eat Dumbbells for Breakfast


KrazyKid
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  #1727252 27-Feb-2017 16:45
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IMHO

 

Depends on what records you have of the agreement. Did he expect to be paying rent as of a certain date.
Did you state explicitly that he had to pay rent as of a certain date.

 

Regardless would be a bugger to try and chase any monies as I assume he is in India still.

 

I'd cut my losses and rent the room out to someone else unless he is willing to pay as of a date you set.

 

To be waiting that long with no guarantee he will even get a visa is not what I would do. (unless I was are doing a favor for someone)

 

 




Sam91
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  #1727254 27-Feb-2017 16:46
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Sulco:

 

This kid, got my contact through someone. and he is in india.

 

He was coming to nz on student visa.

 

And yes, i was looking for a tenant for my empty room.  Thus he did not get his visa approved yet but wanted him room secured. Thus i reserved the room for him .

 

Even i did not knew that it might take few months to get his visa. bcoz he used to be in touch with me with any update on his status.

 

Since April i have reserved the room for him, did not get another tenant in this period. And he arrive sometime in mid November.

 

 

I'm surprised you let it carry on that long, after a few weeks I would've given him a deadline. Something like:

Sam91:
Either you move in, in "x" weeks, or I will have to find another tenant. Alternatively you're welcome to start paying rent to secure your room.


From what I can gather you didn't do this, so I think you're out of luck. The best bet is to just have a chat with him and explain the situation. Hopefully he will see it from your perspective and realise how accomodating you've been. You might get something out of him that way. Good luck.


KillerHulk

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  #1727260 27-Feb-2017 16:51
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 we did not had any specific agreement, but skype chats and recordings might help prove this right ?





I Eat Dumbbells for Breakfast


Batman
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  #1727272 27-Feb-2017 16:57
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even if you had a legal contract, how are you going to extract money from India?


KillerHulk

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  #1727273 27-Feb-2017 16:58
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he is in nz.

 

like i mentioned in my earlier post, he arrived in mid november 2016.

 

I am sorry if you guys thought he is in india still.





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dafman
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  #1727289 27-Feb-2017 17:17
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Without specific upfront agreement to pay for the reservation, I suspect you will be struggling to take this any further.


gzt

gzt
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  #1727308 27-Feb-2017 18:07
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I think if the two parties did not agree this prior, you have no right to ask this.

Batman
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  #1727345 27-Feb-2017 19:46
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Sulco:

 

he is in nz.

 

like i mentioned in my earlier post, he arrived in mid november 2016.

 

I am sorry if you guys thought he is in india still.

 

 

Then it all depends on what written contract you have with each other. If you haven't got one then it's time you formed one.

 

Verbal contract is ok, but proving it in court will bankrupt you faster than you can say crap.

 

 


JimmyH
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  #1727356 27-Feb-2017 20:26
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You should have got a written agreement and a deposit.

 

Your options are basically write it off to bad experience, ask him for the money, or try legal avenues.

 

If you ask for the money, I doubt he will pay.

 

If you take him to court and can demonstrate that you have suffered loss because he failed to honour a clear agreement then you might be able to win at the Disputes Tribunal and force him to pay. Always assuming that, as a student, he actually has the resources to pay. You would, I suspect, have to show a pretty clear breach of an agreement on his part to stand any chance.


tdgeek
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  #1727382 27-Feb-2017 21:55
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Sulco:

 

 we did not had any specific agreement, but skype chats and recordings might help prove this right ?

 

 

I think that says it all. Its about expectations from both parties, and obligations. Lesson learned, next time!


BTR

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  #1727426 28-Feb-2017 08:20
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Unless you had a written agreement stating that we is expected to pay rent for the room from April onwards then you don't have a leg to stand on.

 

 

 

Its the same theory that I can reserve a room at a hotel but I don't pay unless I actually stay there and cancel the booking within 24 hours of the supposed stay.


Batman
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  #1728040 1-Mar-2017 07:02
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JimmyH:

 

You should have got a written agreement and a deposit.

 

Your options are basically write it off to bad experience, ask him for the money, or try legal avenues.

 

If you ask for the money, I doubt he will pay.

 

If you take him to court and can demonstrate that you have suffered loss because he failed to honour a clear agreement then you might be able to win at the Disputes Tribunal and force him to pay. Always assuming that, as a student, he actually has the resources to pay. You would, I suspect, have to show a pretty clear breach of an agreement on his part to stand any chance.

 

 

An agreement over skype which may or may not have been recorded .... I suggest is not a legal contract ... but IANAL


tdgeek
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  #1728045 1-Mar-2017 07:16
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joker97:

 

JimmyH:

 

You should have got a written agreement and a deposit.

 

Your options are basically write it off to bad experience, ask him for the money, or try legal avenues.

 

If you ask for the money, I doubt he will pay.

 

If you take him to court and can demonstrate that you have suffered loss because he failed to honour a clear agreement then you might be able to win at the Disputes Tribunal and force him to pay. Always assuming that, as a student, he actually has the resources to pay. You would, I suspect, have to show a pretty clear breach of an agreement on his part to stand any chance.

 

 

An agreement over skype which may or may not have been recorded .... I suggest is not a legal contract ... but IANAL

 

 

Especailly as the OP has admitted there was not a specific agreement. Sounds more like an intention or a memorandum of understanding that an "agreement"


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