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  Reply # 476450 31-May-2011 22:02
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I think he is too busy writing emails and ringing various people... Smile



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  Reply # 476471 31-May-2011 22:52
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keewee01: I think he is too busy writing emails and ringing various people... Smile


Too busy Geocaching. You know how is is!

Wrote agent big email last night 11pm. Listed defects, said I wanted out immediately - my proposed compromise was to leave within a few days, they keep rent in advance but give bond back.

Called CAB at 8:30 - got a nana with no real advice.

Called Tenancy Services 9am - he said the landlord has broken 2 laws (misrepresentation, cleanliness). Said he though best option was exactly what I said above - mutual cancellation lose rent in advance, get bond back. Said If I took it to Tenancy Tribunal, which would cost $20, I would be very likely to win, plus would likely be awarded 3 weeks rent as compensation.

Got off the phone noticed 2 other slack things, not sure if they are a breach. The Act states what the bond receipt must have, the key part being the address - which on mine is absent! Also the address on the lease I signed, IS NOT the address the flat is at!

By this stage I got reply from agent who said a lot of hearsay - totally dodged my whole email, and said I need 3 weeks notice to leave, and if I don't like it to go see them (which is a massive inconvenience). Though all he would be doing is stalling.

So I wrote back giving 3 weeks notice, and that I would like him to be reasonable and follow my proposed deal, and if not I will be taking it to Tenancy Tribunal.

Got ignored the rest of the day. Then I noticed the TM classified was removed, and my bank showed the AP loaded today... so obviously he is not worried and/or doesn't care.

I also asked about the Property Condition Report - which must be done in 7 days and hasn't, that I would like this done... no reply. If 7 days go by and this is not done, the tenant is assumed acceptance of condition.

 
 
 
 


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  Reply # 476476 31-May-2011 23:01
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Just leave the place, bring it to tribunal. 3 weeks compensation probably worth the effort





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  Reply # 476478 31-May-2011 23:04
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IlDuce:
keewee01: I think he is too busy writing emails and ringing various people... Smile


Too busy Geocaching. You know how is is!

Wrote agent big email last night 11pm. Listed defects, said I wanted out immediately - my proposed compromise was to leave within a few days, they keep rent in advance but give bond back.

Called CAB at 8:30 - got a nana with no real advice.

Called Tenancy Services 9am - he said the landlord has broken 2 laws (misrepresentation, cleanliness). Said he though best option was exactly what I said above - mutual cancellation lose rent in advance, get bond back. Said If I took it to Tenancy Tribunal, which would cost $20, I would be very likely to win, plus would likely be awarded 3 weeks rent as compensation.

Got off the phone noticed 2 other slack things, not sure if they are a breach. The Act states what the bond receipt must have, the key part being the address - which on mine is absent! Also the address on the lease I signed, IS NOT the address the flat is at!

By this stage I got reply from agent who said a lot of hearsay - totally dodged my whole email, and said I need 3 weeks notice to leave, and if I don't like it to go see them (which is a massive inconvenience). Though all he would be doing is stalling.

So I wrote back giving 3 weeks notice, and that I would like him to be reasonable and follow my proposed deal, and if not I will be taking it to Tenancy Tribunal.

Got ignored the rest of the day. Then I noticed the TM classified was removed, and my bank showed the AP loaded today... so obviously he is not worried and/or doesn't care.

I also asked about the Property Condition Report - which must be done in 7 days and hasn't, that I would like this done... no reply. If 7 days go by and this is not done, the tenant is assumed acceptance of condition.


I'm the other way around - too busy to get out geocaching!! Have been trying for weeks to get some done!!!

With the loading of the AP, once it is lodged it probably takes a few days to cancel. Go and lodge with Tenancy Tribunal tomorrow and get that ball rolling - and don't let the agent try and talk their way out of it given you know that you are likely to get agreement canceled immediately PLUS 3 weeks compo if it makes it to them. Make sure you get something out of them as at the very least it has caused you stress, hassle and wasted time, plus you are more than likely to be out of pocket over it all. Don't delay and don't try and be Mr Nice - as he always get screwed over. Play hardball and make it known you've been getting advice from a number of agencies.

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  Reply # 476533 1-Jun-2011 08:24
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one more thing: name the agent and agency please and go ahead with campbell live and close up (or even the 6pm news - sometimes they really have got nothing else to do!)

ONE MORE THING: KEEP A JOURNAL OF EVERY single little tiny THING in chronological order - it may seem dumb but your memory will fail you when it comes to detail in the future when the tribunals happen

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  Reply # 476535 1-Jun-2011 08:27
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one more thing if you havent tried - demand to talk to the director or just google his mobile/email or pretend you're a VIP wanting to be connected to his mobile asap.

but carry on with the rest as above just in case the apple is rotting from the core

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  Reply # 476539 1-Jun-2011 08:31
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joker97: one more thing: name the agent and agency please and go ahead with campbell live and close up (or even the 6pm news - sometimes they really have got nothing else to do!)

ONE MORE THING: KEEP A JOURNAL OF EVERY single little tiny THING in chronological order - it may seem dumb but your memory will fail you when it comes to detail in the future when the tribunals happen


+1 on the journal - will help hugely i it goes to tribunal as they see you've kept a record and you're organised.

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  Reply # 476673 1-Jun-2011 13:32

I don't  have any trust in real estate agents, after my dealings with them.  It possibly isn't the easiest job, and they need a very thick skin. 

If I was you I would move out as soon as possible, and take the issue to the tribunal. Just make sure you document things well and take good photos, and go to the tribunal well presented. If should be worth it, and perhaps then other people will not experience the same problem with that agent.



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  Reply # 476760 1-Jun-2011 17:26
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Some positive news is I received a letter with a proper bond receipt, and the full 5 page report... it is very thorough and lists all the issues, but the section and garage parts are blank, so I will write down a list of stuff already like that when I arrived. My guess is the only care about the actual house. I'll need to return that tomorrow/friday else it becomes my problem.

If they had sent me that report by email while I was in Timaru, I would never have signed up!



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  Reply # 479604 10-Jun-2011 09:24
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The end is in sight!

The letting agent called to say they found a new tenant, and would I leave earlier than the 3 weeks, I said yes, so the other person has now signed the lease, moves in on Monday 13th.

So now I have 2 questions.

Firstly the power was on when I got here, so the last 2 weeks I've used the power, and I have no idea who's name its under or what company it is with. I expressed to the letting agent I wanted to pay it, but they repeatedly said not to worry about it.

Should I leave it be, or is there a way that I can find out and pay for the power used from the read when I moved in and when I leave this Sunday? I'd rather pay than face the possibility of being chased for it later.

Secondly, the agent wants me to hand the keys to the new tenant sunday, and leave bond refund form at flat for him to collect on Monday. I see so many potential problems with this - I'd be signing a blank cheque. The person who moves in could cause accidental damage and blame it on me, etc.

I feel better if it was sorted today since he won't work at the weekend, but I got no idea if he would sort it, as I'm not prepared to hand over keys until bond refund is done - regardless of whether he does property inspection or not. The place is so much cleaner and tidier inside and out than when I got here they should be thankful!!

Any advice on how I go about the last part?

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  Reply # 479606 10-Jun-2011 09:35
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Simply refuse to deal with the new tenant.  You have nothing to do with them, it is between you and the agent therefore you only have to deal with them.  I would advise the agent you want to arrange a time to drop the keys off and deal with the bond form or you will post them back to the agent.  Sounds to me like the agent doesn't want to front up to the place wiht the new tenant - or is simply being plain lazy.

Re the power: If you cannot find out who is supplying the power (to get them to come take a reading) make sure you take a reading yourself. Grab a photo of the meter if you can.  That way you have the ability to contest how much power you used.  You dont happen to have a reading from when (or just before) you moved in do you?

You could try contacting various power companies (starting with the most common in Dunedin - dont know who this would be) to find out if they supply the address currently - no idea how easy or successful you'd be doing this.

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  Reply # 479614 10-Jun-2011 09:45
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IlDuce: The end is in sight!

The letting agent called to say they found a new tenant, and would I leave earlier than the 3 weeks, I said yes, so the other person has now signed the lease, moves in on Monday 13th.

So now I have 2 questions.

Firstly the power was on when I got here, so the last 2 weeks I've used the power, and I have no idea who's name its under or what company it is with. I expressed to the letting agent I wanted to pay it, but they repeatedly said not to worry about it.

Should I leave it be, or is there a way that I can find out and pay for the power used from the read when I moved in and when I leave this Sunday? I'd rather pay than face the possibility of being chased for it later.

Secondly, the agent wants me to hand the keys to the new tenant sunday, and leave bond refund form at flat for him to collect on Monday. I see so many potential problems with this - I'd be signing a blank cheque. The person who moves in could cause accidental damage and blame it on me, etc.

I feel better if it was sorted today since he won't work at the weekend, but I got no idea if he would sort it, as I'm not prepared to hand over keys until bond refund is done - regardless of whether he does property inspection or not. The place is so much cleaner and tidier inside and out than when I got here they should be thankful!!

Any advice on how I go about the last part?


Don't worry about the power - if it isn't in your name, etc then you have nothing to worry about - you should consider it thanks for all the 'above and beyond' you have done. (If you have the "Don't worry about it" in writing (email) then even better).

The second one is a hard one... try and get him to do the inspection today, if not then make sure you take photos of the place as you "walk out the door" on Sunday. It isn't your job to hand the keys to any new tenant - it is the agents to collect them and hand them over! He is being lazy. Tell him he IS coming on Sunday to collect the keys and do the inspection!!

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