Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.
View this topic in a long page with up to 500 replies per page Create new topic
1 | 2 | 3
Mad Scientist
18436 posts

Uber Geek
+1 received by user: 2336

Trusted
Lifetime subscriber

  Reply # 476006 30-May-2011 22:37
Send private message

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!

Mad Scientist
18436 posts

Uber Geek
+1 received by user: 2336

Trusted
Lifetime subscriber

  Reply # 476009 30-May-2011 22:43
Send private message

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

9819 posts

Uber Geek
+1 received by user: 1469


  Reply # 476040 31-May-2011 00:08
Send private message

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.

2484 posts

Uber Geek
+1 received by user: 535
Inactive user


  Reply # 476058 31-May-2011 07:41
Send private message

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. 

1709 posts

Uber Geek
+1 received by user: 169

Trusted

  Reply # 476060 31-May-2011 07:54
Send private message

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

1574 posts

Uber Geek
+1 received by user: 11


  Reply # 476202 31-May-2011 13:41
Send private message

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

9819 posts

Uber Geek
+1 received by user: 1469


  Reply # 476230 31-May-2011 14:37
Send private message

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.

3067 posts

Uber Geek
+1 received by user: 739


  Reply # 476231 31-May-2011 14:41
Send private message

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

9819 posts

Uber Geek
+1 received by user: 1469


  Reply # 476233 31-May-2011 14:43
Send private message

True. I made the same mistake in my previous post. Updated post to remove that part.

1574 posts

Uber Geek
+1 received by user: 11


  Reply # 476237 31-May-2011 14:49
Send private message

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.

77 posts

Master Geek


  Reply # 476284 31-May-2011 16:37
Send private message

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.

77 posts

Master Geek


  Reply # 476285 31-May-2011 16:42
Send private message

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.

Mad Scientist
18436 posts

Uber Geek
+1 received by user: 2336

Trusted
Lifetime subscriber

  Reply # 476300 31-May-2011 17:20
Send private message

hey i got one more - take the pictures and THREATEN TO CONTACT CAMPBELL LIVE or CLOSE UP ... howabout that?!

283 posts

Ultimate Geek
+1 received by user: 4


  Reply # 476331 31-May-2011 18:43
Send private message

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



        


  

Mad Scientist
18436 posts

Uber Geek
+1 received by user: 2336

Trusted
Lifetime subscriber

  Reply # 476347 31-May-2011 19:21
Send private message

hey pls keep us posted :p

1 | 2 | 3
View this topic in a long page with up to 500 replies per page Create new topic

Twitter »

Follow us to receive Twitter updates when new discussions are posted in our forums:



Follow us to receive Twitter updates when news items and blogs are posted in our frontpage:



Follow us to receive Twitter updates when tech item prices are listed in our price comparison site:





News »

N4L helping TAKA Trust bridge the digital divide for Lower Hutt students
Posted 18-Jun-2018 13:08


Winners Announced for 2018 CIO Awards
Posted 18-Jun-2018 13:03


Logitech Rally sets new standard for USB-connected video conference cameras
Posted 18-Jun-2018 09:27


Russell Stanners steps down as Vodafone NZ CEO
Posted 12-Jun-2018 09:13


Intergen recognised as 2018 Microsoft Country Partner of the Year for New Zealand
Posted 12-Jun-2018 08:00


Finalists Announced For Microsoft NZ Partner Awards
Posted 6-Jun-2018 15:12


Vocus Group and Vodafone announce joint venture to accelerate fibre innovation
Posted 5-Jun-2018 10:52


Kogan.com to launch Kogan Mobile in New Zealand
Posted 4-Jun-2018 14:34


Enable doubles fibre broadband speeds for its most popular wholesale service in Christchurch
Posted 2-Jun-2018 20:07


All or Nothing: New Zealand All Blacks arrives on Amazon Prime Video
Posted 2-Jun-2018 16:21


Innovation Grant, High Tech Awards and new USA office for Kiwi tech company SwipedOn
Posted 1-Jun-2018 20:54


Commerce Commission warns Apple for misleading consumers about their rights
Posted 30-May-2018 13:15


IBM leads Call for Code to use cloud, data, AI, blockchain for natural disaster relief
Posted 25-May-2018 14:12


New FUJIFILM X-T100 aims to do better job than smartphones
Posted 24-May-2018 20:17


Stuff takes 100% ownership of Stuff Fibre
Posted 24-May-2018 19:41



Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.



Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.

Alternatively, you can receive a daily email with Geekzone updates.