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  Reply # 476006 30-May-2011 22:37
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correct me if i'm wrong but by law the lease agreement is null and void if the owner/agent did not show it to you before you signed it ... it cannot stand in the court of law ... it's illegal!

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  Reply # 476009 30-May-2011 22:43
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hmm the lease form does not actually say that ... what it does say is landlord must maintain to good standards.

notify landlord in writing to:
fix a to such and such a standard
fix b to ....
... c .....
... d ....
BY 5 working days or you WILL complain to some health and safety authority (guys help me out here?) and you will DEEM YOU PLACE UNINHABITABLE and therefore will cease to pay rent (this i am 100% sure of it as happened during the chch earthquake)

 
 
 
 


gzt

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  Reply # 476040 31-May-2011 00:08
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I would call the agent rather than email. There is every chance they will cave on the spot and hand your money back.

Emails can be ignored or delayed.

After the call follow with an email, or better a letter you deliver to their premises.

The fundamental problem is the agent acted in bad faith, fixing the huge list of problems is entirely secondary.

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  Reply # 476058 31-May-2011 07:41
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gzt: I would call the agent rather than email. There is every chance they will cave on the spot and hand your money back.

Emails can be ignored or delayed.

After the call follow with an email, or better a letter you deliver to their premises.

The fundamental problem is the agent acted in bad faith, fixing the huge list of problems is entirely secondary.


+1 pick up the phone or go and visit them in person, an e-mail can be ignored for a period of time a phone call or personal visit is instant, and reading the thread you need instant!

One thing to note is the land lord may have no idea the place is so bad and that the agent didn't do the inspection, so if it comes down to it get in contact with them directly, especially if the agent is cagy and unreasonable. 




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  Reply # 476060 31-May-2011 07:54
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dickytim:
gzt: I would call the agent rather than email. There is every chance they will cave on the spot and hand your money back.

Emails can be ignored or delayed.

After the call follow with an email, or better a letter you deliver to their premises.

The fundamental problem is the agent acted in bad faith, fixing the huge list of problems is entirely secondary.


+1 pick up the phone or go and visit them in person, an e-mail can be ignored for a period of time a phone call or personal visit is instant, and reading the thread you need instant!

One thing to note is the land lord may have no idea the place is so bad and that the agent didn't do the inspection, so if it comes down to it get in contact with them directly, especially if the agent is cagy and unreasonable. 


+1 - to you the agent is effectively your landlord

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  Reply # 476202 31-May-2011 13:41
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Quoted from the DBH website
http://www.dbh.govt.nz/residential-tenancies-act


5. Landlord’s responsibilities

    - Provide and maintain the premises in a reasonable condition.
    - Allow the tenant quiet enjoyment of the premises.
    - Comply with all building, health and safety standards that apply to the premises.
    - Not seize the tenant’s goods for any reason.
    - Deal with any abandoned goods at the end of the tenancy in accordance with the provisions of the Residential Tenancies Act
    - Inform the tenant or prospective tenants if the property is on the market for sale.
    - Not interfere with the supply of any services to the premises except where the interference is necessary to avoid danger to any person or to enable maintenance or repairs to be carried out.


Look at the above point in bold.
If the "landlord/agent" didn't inform you of the pending sale of the premises, then the contract you have signed IS 100% NULL and VOID!! No question.

gzt

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  Reply # 476230 31-May-2011 14:37
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By now I guess you are talking to DBH and Citizen's Advice, and hopefully one or both is calling the agent to put some pressure on.

After making your demands and getting your money back, ask someone in CA legal if you can take some simple legal action to recover any costs you incurred. If the answer is yes, just send the agent an invoice with the amounts and advice that legal action will be commenced if not paid.

If they are smart they will just pay it.

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  Reply # 476231 31-May-2011 14:41
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dontpanic42: Quoted from the DBH website
http://www.dbh.govt.nz/residential-tenancies-act


5. Landlord’s responsibilities

    - Provide and maintain the premises in a reasonable condition.
    - Allow the tenant quiet enjoyment of the premises.
    - Comply with all building, health and safety standards that apply to the premises.
    - Not seize the tenant’s goods for any reason.
    - Deal with any abandoned goods at the end of the tenancy in accordance with the provisions of the Residential Tenancies Act
    - Inform the tenant or prospective tenants if the property is on the market for sale.
    - Not interfere with the supply of any services to the premises except where the interference is necessary to avoid danger to any person or to enable maintenance or repairs to be carried out.


Look at the above point in bold.
If the "landlord/agent" didn't inform you of the pending sale of the premises, then the contract you have signed IS 100% NULL and VOID!! No question.


Be careful with your interpretation here, the point of importance is "on the market"
The OP said that the owner "intends to sell in 4 months" unless the owner has actually contracted a real estate agent to sell the property ( and there is a signed contract to that effect)  an intention to sell is not "on the market"

gzt

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  Reply # 476233 31-May-2011 14:43
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True. I made the same mistake in my previous post. Updated post to remove that part.

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  Reply # 476237 31-May-2011 14:49
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wellygary:

Be careful with your interpretation here, the point of importance is "on the market"
The OP said that the owner "intends to sell in 4 months" unless the owner has actually contracted a real estate agent to sell the property ( and there is a signed contract to that effect)  an intention to sell is not "on the market"


Sorry, my bad. I may have jumped on that one too hastily.
Maybe we need some further clarification from the OP.

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  Reply # 476284 31-May-2011 16:37
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Not sure if this has already been stated, but I'd take lots of photos (possibly with a current newspaper in shot) as evidence of the awful sub-standard condition of the place also.  They will hopefully be not needed, but if there are any drawn out disputes, at least you'll be able to show exactly what the property was like when you took posession.

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  Reply # 476285 31-May-2011 16:42
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Ok, just ignore my previous comment.  That'll teach me for just skimming the threads. 
It has been mentioned multiple times about the photos. :(

I hope you are able to get some kind of swift resolution on this.

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  Reply # 476300 31-May-2011 17:20
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hey i got one more - take the pictures and THREATEN TO CONTACT CAMPBELL LIVE or CLOSE UP ... howabout that?!

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  Reply # 476331 31-May-2011 18:43
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If you haven't had any traction with the agent yet, I would email the agent again, this time cc'ing Fair Go, Target, Close up, Campbel live, tenancy tribunal, Real Estate Institute, landlords.co.nz, local paper, Stuff website, NZHerald website and the Dunedin council.   I reckon then you'll get a decent response. 


Also if the property is uninhabital ring the council and see if they can do anything...

http://www.dunedin.govt.nz/services/environmental-health/housing-issues/basic-standards



        


  

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  Reply # 476347 31-May-2011 19:21
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hey pls keep us posted :p

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