Originally posted by skid
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The NZPIF calculator is too broad reaching - one calculation for the whole of Kapiti. Like any region there are really good areas - and some 'avoid at all costs' areas. The weekly rent would vary by up to $150 per week.
cheers,
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Originally posted by Eugene View PostWe had exactly this situation.
Tenant took us to the Tribunal requesting a $100 rent reduction, both backdated and going forward, claiming the house was not worth that, and that aspects of the house were not what they expected, and wanting an early release. And a lock put on a door to a porch - even though they were wanting to be released.
The adjudicator said it was not for him to decide market rent and that the tenants needed to have brought evidence.
By agreement the hearing went into mediation and the adjudicator went through their claim and explained that if he had to make a decision, under the Act he would be unable to rule in their favour.
The adjudicator walked them through what might work for them - they didn't have a new place lined up yet and had to think about what dates might work for them. Duh. He was very patient.
We wanted them to be responsible for finding a new tenant, that wasn't acceptable to the tenants.
We offered that they pay six weeks rent after moving out and if a tenant was found in that six weeks we would refund them.
Finally we agreed to three weeks, very kind of us, but we are nice reasonable people. And we were sick of being harassed and worried about malicious damage.
In fact they were paying market rent; previous tenants were paying that rent, and so is the incoming tenant. And it is the low time for letting in Wellington.
We had already offered twice to discuss an early release. If they had been willing to talk with us we would have fallen over backwards to help them - we have twice before had tenants break their fixed term tenancy due to buying a house, English families emigrating to NZ.
Now the frightening thing is these were professionals - an architect and a policy wonk. Not feral members of the underclass with nothing to lose. A situation where they hated us and nothing we could do (and we tried and tried) would make things right. We concluded that they were not seeking a resolution. I believe they were having a go at us to get some money out of us.
This happened only three months ago and I didn't put it up here for help as I was worried they would read it and they were already erratic and I didn't want to tip them further.
I was really really impressed by our adjudicator and if I had known how well the hearing would work I would have taken the dispute there earlier myself.
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Originally posted by KeysHearing is on the 13th October. No details until at least then.
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Originally posted by brendan View PostIs that for eugene's or rockabella's hearing? It would be handy if we could review eugene's Tenancy Tribunal order. Eugene, could you post the Application No?
As Flyernzl said, it is up to the tenant to prove their case, not Rockabella to prove their claim is false. The adjudicator told the tenants it was not up to him to decide market rent. Rockabella, you could get a rental appraisal from a property manager, or previous tenancy agreements or bond letters for this property.
There is no provision to release a tenant from a fixed term tenancy other than under section 66 (unforeseen circumstances).
In our case the order was made under Sections 11(1)(b) (Act generally to apply...) and 77(2)(i) (Jurisdiction of Tribunal) which are general provisions.
Part of me wishes we had not been so reasonable and that we had let the adjudicator make a decision - would have been delicious.
I did enjoy these parts of the order though:
'Responsibly, and with the assistance of the Tribunal (which indicated the scope and limitations of the powers available to it), the parties have been able to reach a position acceptable to them both.'
- the adjudicator had to walk the tenants through everything, ie that their 48 page claim had no merit. The order he made was to release the tenants. We suggested and agreed to a release which we had already offered the tenants twice before they took it to the Tribunal.
And:
'The parties are to be recommended for their practicality'. He meant us - before the hearing we fell over backwards including making alterations to the property and having the granny flat tenants agree to a variation in exchange for a rent reduction (there were two tenancies in the one building) and during the hearing we were helpful helpful helpful. Our response was a work of art. All lost on the bozo tenants though.
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The tenants put in 48 pages, we put in two.
Plus pictures and emails but all cross referenced.
Happy to put the two pages on my private messages.
The first thing the adjudicator said was 'The Eugenes have made an offer'. He didn't have to go through 48 pages of the tenants' dross. It did take him two hours to bring the tenants up to speed though.
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Just a slight correction. Mediator, not Adjudicator.
Mediation is always by agreement.
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Originally posted by Keys View PostJust a slight correction. Mediator, not Adjudicator.
Mediation is always by agreement.
At one stage when it looked as if agreement wouldn't be reached he asked us if we wanted the process to return to a hearing, but that didn't happen.
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Originally posted by Perry View PostI wonder if the same "up to speed" efforts would
be made to assist any LL, rather than the tenant,
generally speaking?
I have to say experiencing how well it worked, if this ever happens again, ie malcontent tenant who has lost the power of rational thought, I would go to the Tribunal or Mediation quite quickly
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I'm sure it will be a reserved decision so don't hold your breath.
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