Tenancy Tribunal Advice

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makmak

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Topic # 57387 11-Feb-2010 20:18

Good evening and thanks for reading.

I have a Tenancies hearing tomorrow morning and was wanting to know if any one could give us some advice.

This hearing is for Sections of the Act

77 (2)(k), 78 (1)(d) - Rent Arrears - Vacated Tenancy
Vacated Date: 23/11 rent arrears just over $700 which I accept and willing this to come out of my bond

Second was Compensation/Damage - Vacated.

General wear and tear throughout the house regarding the Carpet apart from 1 orange stain from drink, and the dining area was more damaged then the rest of the house. Just a square are of carpet, which could simply be replaced, they are claiming for the whole carpet in the entire house to be replaced with new one, and for me to pay.

After we left the property, they got a cleaning company in and have charged me just under $200 for cleaning that my family and I have already done.

Also charging me for lawn mowing the property, the grass grows very quickly, and we had done this 1 week before we left the property, how ever no proof.

There are other stuff but to long to mention.

Any advice before tomorrows hearing.

King Regards
MM

johnr

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Reply # 298114 11-Feb-2010 21:24

Yer have cheque or cash handy after the hearing

makmak

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Reply # 298120 11-Feb-2010 21:35

LOl Well I have a $1200 bond that is still there which will cover the over due rent, ect.

The cleaning company I am not expecting to pay as I had cleaned the house already, and did a good job, general wear and tear around the house is not a tenants responsibility.

They have also charged me $250 for removal of rubbish, this rubbish was left because it was the owners rubbish before we moved to the house.

rphenix

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Reply # 298140 11-Feb-2010 22:04

Use a camera next time... take a photo of everything as you've left it. of every room and outside. While your at it take photos of where you've just moved into for proof of any wear/tear/damage that currently exists so they cant claim it later.

makmak

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Geek
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Reply # 298141 11-Feb-2010 22:07

Thanks that what we did for this new property.

The previous house we didn't even have an inspection with the property owner before we moved in.

We were just happy to be down here as we moved from Northland to Waikato so over 5 hours drive down.

Regs

Infrastructure Geek
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Reply # 298170 11-Feb-2010 23:30

no inspection, no photos, no proof. sounds like the landlord would lose on that. do they hav photos to prove that the house needed a mow and a clean?

landlords claim depreciation for general wear and tear on the house. they cant double dip!

as a landlord myself, i have insurance that covers loss of rents and damage by tenants but one of the conditions is that 6 monthly inspections must be performed and the property must be managed profesionally. no inspection = no insurance.

both parties should really ensure that they have a set of photos from the start of a tenancy. everyone has a digital camera or mobile phone, or knows someone they can borrow one from. its not that hard and not exactly expensive for some peace of mind

i would however like to point out that leaving the rent to be collected from the bond is rather rude. you should have paid up your rent directly, rather that making the landlord have to apply to get it out of the bond. an attitude like that may have pissed off the landlord and provoked them look for other stuff to take from teh bond at the same time...

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makmak

40 posts

Geek
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Reply # 298221 12-Feb-2010 07:45

Regs thanks for your comments...

I take full responsibility for not paying rent and leaving the landlord to have to apply for it out of the bond.

Only reason is the last 2 and a half weeks at the propert I was unable to pay because our new tenancy began pretty fAst and the new landlord wouldnt hold the property untill our old property notice was all up. So I paid the new properties rent and advised the rentals place(person who dealt with us) to take the rent out in advance!!!

Definately learn my lesson regards to taking photos and inspecting the property before I sign anything!

No inspections where conducted, also landlord him self come over un-expected un-anounced.
I didn't turn him away the times to turn up cause Im to polite to, but can this be brought up in the court room?

Byrned

453 posts

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Reply # 298238 12-Feb-2010 08:50

From previous experience:

1. No inspection = no claim. They have nothing to base what condition the property was in before you moved in, nor have you agreed to what condition the property was in.

2. I've come across a lot of landlords who disagree what wear and tear is, and it differs depending on the circumstances of the property i.e. if you have kids or a family living in a house it is expected to have more, same as if they allowed pets.

3. Cleaning of carpets cannot be charged to the tenant unless it is for the cleaning of a stain, and that would be just for the effected area i.e. you could not be charged for the cleaning of the whole house, just the area that was stained. The fact that once you start doing a carpet clean you create a clean spot which then has to be continued through is irrelevant.

4. There is a previous judgement, and it is frequently recalled, where a tenant spilled wine on the carpet. The tribunal ruled that they could only be charged for that area of carpet i.e. 1sq meter. In my opinion, that is why the landlord has insurance. Thats why we do for our tenanted house.

In my opinion, agree to the rent arrears, come up with a nominal amount for the carpet i.e. $100, and leave it there. It will show that you are being reasonable.

As a landlord, I factor the costs of repairs such as these into my rent, as any responsible landlord should. Its what the law currently is, so they should deal with it.

Hope it all goes well for you!

makmak

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Reply # 298246 12-Feb-2010 09:12

Byrned thankyou very much for your comment.

Hearing in 20 minutes should be good. Cause the house was in good condition given the amount of people that were in the property. That were aloud there under our agreement.

Thanks again
MM

makmak

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Geek
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Reply # 298720 13-Feb-2010 20:28

Well It was adjourned!!!

We were doing really good on the all the following

Lawns - just under $100
Cleaning $150
General Damage $250

We were doing great in these areas because te real-estate person didn't bring much evidence for her case..

When we got to the Carpet which was the bigger fee over 2000 because they wanted to replce the entire house.
There was the dinning room was real bad and needed replacing. There is 2 cordial stanes in the lounge nd a little others stanes in other rooms..

The adjudicator said she needed more evidence because the pictures that were taken of the stanes were only close ups, and they didnt take pictures of the entire room, because if she did take pictures of the whole room you wouldnt be able to see te stanes cause they are hardly notice able a part from the dinning area once again.

So the adjudicator adjourned the hearing for another day and told the real-estate to get evidence, name it properly and yeah..

So shud be able to win the others jobs but the carpet is to be challenged..

savag3

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Reply # 298725 13-Feb-2010 21:01

Just a tip for people renting - whatever you do don't not pay your rent. It makes it a lot trickier if you have a problem like this one because it means both parties are in the wrong and makes it less likely the adjudicator will take your word over the landlord if it comes to that. It will also make it harder to rent places in the future because the tenancy tribunal decision saying you didn't pay some rent will be on the web for anyone to see.