Soho dodgy carpet.... Something smells fishy

[Wiz]

she wouldnt let me at the final inspection and she now has all the keys, she expects me to keep paying rent untill the carpet is replaced? but I dont have keys to the place!

You are being taken for a mug, and being intimitdated by empty threats. Don't be a mug - time to get proactive. Rather than us lot holding your hand, pick up the phone when you read this and Call 0800 TENANCY. Explain the situation - specifically regarding paying rent for a property you can no longer access, and ask how you go about mediation.

The Tenancy Tribunal (TT) is there to help you, although it can be stressful if you are new to it, and if your story is found to be as you tell it here, they will back you to a positive resolution. Have a good look over this section of the DBH site and get familiar with your rights as a tenant. http://dbh.govt.nz/tenants-index

Good luck with it, and post up how you get on.

[Keys]

.......paid a beak lease fee ($480)

Now for some potentially good news for you.

Where was the break lease fee mentioned? If it was in the tenancy agreement you make an application to the tenancy tribunal for:

$1k in exemplary damages against the landlord for trying to remove your legal rights.
All the rent you have paid following the payment of your break lease fee (less three weeks)
Your full bond back.

Edit to add. Don't forget to claim for the break lease fee back as well!


To explain. If the break lease fee is in the tenancy agreement then it makes the tenancy a periodic tenancy. Charging you for the right to terminate a periodic tenancy is unlawfull. Charging rent following the expiory of three weeks because of a bluff is also (I suspect) unlawfull. As for the bond? They have to prove their case, you do not have to defend yours.

Be specific now and answer the question. Where is the break fee written?

[Keys]

I'll bet they have a carpet cleaning clause in their tenancy agreement as well.

[Wayne]

she wouldnt let me at the final inspection and she now has all the keys, she expects me to keep paying rent untill the carpet is replaced? but I dont have keys to the place!

The PM has taken possession so why would you need to continue to pay?

[misszoolander]

Answer to keys and Wayne

Thank you Keys! and everyone alse, i admit I am being a bit naive (or A LOT NAIVE) and I am going to stand up for myself and not be a 'mug".

Firstly, the answer to your question Key's - The break lease fee was paid on the 28/01/2012 (480$ in total) there is nothing i can see in my tenancy agreement about "break lease fee". They said they were charging me a fee to pay for advertising cost.

HAHA and yes they do have a professional carpet cleaning clause in the agreement, also states that windows and walls need to be professionally cleaned as well.

I have sent her this email, let me know what you guys think..I have removed her name for privacy reasons.

Hi there,It is unfortunate that the stain has not come out even after professional cleaning. I am fully aware that i am responsible for this.
However i don't think it is fair and ethical to assume that I should be liable to replace the carpet of the whole apartment due to a stain.
I have been informed they do not make the carpet anymore so to replace the lounge means replacing the whole entire apartment carpet with a new model of carpet, which I've been
advised by other property managers is unreasonable. As for the scratched ceramic element I believe that is fair wear and tear due to it being used by pots, cleaning etc, it is in full working order and still 100 percent usable. As for the cracked shower plug which has been cracked for over a year now, why did you not contact me about this in a previous inspection? Why wait till the final inspection? I thought that because you have seen it in a previous inspection it would not be a issue.


So we have several options here-


- I can replace the stain with the carpet from the wardrobe, and replace the carpet from the wardrobe with similar carpet (being a wardrobe i do not see why this should be a problem)
- You can deduct (a reasonable amount) of the stain damage from my bond eg. my friend who also lived in Soho paid out $200 for one stain that wouldn't come out.
- We can both attend mediation according to the tenancy tribunal.


Obviously I want to come up with a solution that is efficient and suited to both of us, I am happy to deduct some of my bond, but in saying that I believe I did not cause $1500 worth of damage. If you can think of any other alternative options please let me know.
Also would it be safe to ask why i am still being forced to pay rent even though you have the keys??


As one final note i must stress that i am pretty unhappy with the way you talked to me on the phone regarding the final inspection.
You threatened me with words like "court" even though I've never missed rent, or even disagreed to the repairs. You cut me off pretty quick when I made it clear that I have never, not once paid for the lights to be replaced during my stay at Soho, (they always got replaced randomly ,organised by Iron Bridge or Body Corp)Then you question me on why things are scratched and damaged?
Must I remind you I haven't lived at my Soho address for two months now. When inquiring about my rent in advance you made me feel uncomfortable on the phone, as if I was dumb to ask a few innocent questions. Must I once again remind you that this is my first lease, and I would rather ask questions and get something right, then be naive and let things slide.The list can go on from having my privacy invaded through lack of security in your emails (and nearly losing 480$ because of it) to the breach of privacy when you came around to my home taking photos during a routine inspection, even with someone in my bed! Though I am extremely grateful you have found tenants to take over my lease I must stress the importance of customer service. I feel I should be able to talk to you regarding questions that have anything to do with the lease or rental property, and due to lack of poor phone manner I have always felt uncomfortable every time I ring you asking for advice.


This is not at all a personal attack, rather feedback on your services which being in customer services myself , I think is extremely important when dealing with people on a day to day basis.


I hope to hear from you soon regarding options for the stain and hopefully together we can come up with a way to make everyone happy.


Kind regards,

[TheLiberalLeft]

Look, I'm not being picky here, but in that email you sound young, inexperienced and a bit whiney if I'm honest. No offence intended. I think you ARE young and inexperienced.

I'd have been more forceful than that, with a letter 1/4 the length basically saying what you're prepared to do, and if they don't like it you'll see them in the TT. Give them a date to reply by, or further action will be taken.

[misszoolander]

thanks! yes i am young, AND inexperienced!
so no offence taken. I actually haven't sent the email yet realized it was sitting in my drafts.

Will do!

[essence]

How would you react, receiving the email you're about to send? Would you take the sender seriously?

I suggest you print the draft off and give it to someone older to read. Watch their reaction.

Remember to NOT be emotive, just logical, stating the facts, the outcome that you want and by what date you want that outcome. Don't threaten. If you say you will go to TT if they haven't responded by xxx date, then make sure you follow through and make a TT application.

[Meehole]

As far as the carpet is concerned, would your contents insurance not cover that?

I too had a tenant in an apartment that damaged the carpet with fanta, felt pens and cigarettes (altho NO smoking allowed) and she was charged proportionately for new carpet. The old (5 years) carpet had been discontinued so the owner agreed to recarpet the rest of the apartment at their cost. Her share came out of her bond.

How would you feel if the boot was on the other foot and that was your property??

[Meehole]

Only thing is will I get stung if I replace the stained carpet from the wardrobe? I am willing to put new carpet in the wardrobe..
I am honestly sick to death with this property manager, I lost my job earlier in the year and have been paying $555 in rent a week which has put me under huge financial stress, paid a beak lease fee ($480) 2 months ago and only just recently did they find someone (I had previously organised for someone to take over the lease but they opted out as soon as I signed a new lease which means im paying to leases atm ). I am so poor now that I have to walk 3 hours to get to work because I cannot afford money for the bus. This is my first ever lease and honestly I'm so disheartened by the whole thing my hair is falling out, and my skin is out of control from the stress of it.

It would help if my PM was nice and offered to give me some advice or even willing to talk to me on the phone but she always threatens me with words like "court" even though I have never ever missed rent and never disagreed to fix repairs. She makes me feel very uncomfortable when i ask about things like rent in advance and she didn't want me at the final inspection? She talks to me like I'm dumb and stupid. She threatens me telling me that if the house isn't immaculate she will keep making me pay rent even though they have someone that wants to move in straight away. Just to clarify I spent 3 days by myself scrubbing and polishing EVERYTHING for the final inspection, everything from steam mopping the hardwood floors four times, to washing the walls three times so they look spanking new. Spent the very last bit of my money on 80 dollers worth of cleaning products, flatmate paid for rug doctor thank god!

I swear to god this is a very light stain, and if she does take me to court demanding the whole carpet be replaced not repaired I don't know what on earth im going to do, I simply am at my wits end

It must've been VERY VERY dirty if it took 3 days of scrubbing and cleaning. Perhaps that is indicative of how well the carpet was looked after and how much care you placed on someone elses property?? As a PM I would use that in mediation against you.

[misszoolander]

It must've been VERY VERY dirty if it took 3 days of scrubbing and cleaning. Perhaps that is indicative of how well the carpet was looked after and how much care you placed on someone elses property?? As a PM I would use that in mediation against you.

I haven't lived there for the last two months, so it was pretty dirty because my old flatmate stayed on but I spent alot of money etc and cleaned it up.

From a landlords prescriptive I would understand if it was a huge stain and lots of them, but its only a VERY light stain that you can only see in certain light and it's the ONLY stain. If the carpet was absolutely atrocious of course I would be willing to give up my whole bond, but its not. end of story.

Anyway to the other posters who want an update..

this is what she pretty much said,

She can't do anything about the carpets as new tenants have moved in, she said that after the new tenants move out I will be liable to replace the carpets. She also wants 500 dollers to professionally clean the carpets as it's in the tenancy agreement, which i know is a breach of the RTA.

I told her I am requesting mediation.

[Keys]

I told her I am requesting mediation.

That will be interesting. Remember, mediation is by agreement.

[misszoolander]

yeah, thought it would be better to see how things go in mediation, rather then get my name on the tribunal site online, however If we can't agree that seems like my only option.

[Meehole]

Anyway to the other posters who want an update..

this is what she pretty much said,

She can't do anything about the carpets as new tenants have moved in, she said that after the new tenants move out I will be liable to replace the carpets. She also wants 500 dollers to professionally clean the carpets as it's in the tenancy agreement, which i know is a breach of the RTA.

I told her I am requesting mediation.

My last comment here as it is all getting a bit weird, it's either chinese whispers or a PM who doesn't know her a#4e from her elbow??

[Wayne]

She can't do anything about the carpets as new tenants have moved in, she said that after the new tenants move out I will be liable to replace the carpets. She also wants 500 dollers to professionally clean the carpets as it's in the tenancy agreement, which i know is a breach of the RTA.

So she wants you to replace the carpet sometime in the future (when the current tenant moves out) and will want to hold the bond until then? Weird!

I gather that the carpet hasn't been cleaned yet so she wants you to pay to clean the carpet after the current tenant moves out? Probably want them to pay as well.