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Interestingly, the reason their case failed… I had 5 other applicants that had been interested. I didn't have the application forms as I shred these once a tenancy commences.
An interesting thought has just occurred to me.
I am allowed to keep applications as long as they serve the purpose - IE to do with the tenancy. I think I'll keep unsuccessful applications for the duration now. Having a copy of this particular TT order will assist me with a defense should it be necessary. If you don't want to put it here, could you scan and email it to me?
Well done, rockabella. Sound like you were well prepared. Presumably the decision will be posted on the TT database at some point, which may deter future landlords. Perhaps it was not considered?
Last edited by Perry; 29-10-2014, 12:41 PM.
Reason: removal of name
So in addition to wanting the rent reduction of $5K they also claimed I'd breached the Act on 4 counts and sought further damages of $2K. Total claim was for $7K and the contained 80+ pages, including references to case law etc etc.
1) Bond: The MBIE receipt showed the bond was processed on 18th August. 23 working days from receipt was 14th August. So they claimed $500 damages for the 4 days it was 'late'. Surprising the lawyer didn't actually read the Act as the bond is required to be forwarded not lodged in 23 working days, and it was. They also claimed they didn't get a receipt. My wording on my email could have been clearer but this was so incredibly trivial. Pretty spiteful if you ask me. TT dismissed the claim.
2) Vacant possession: The previous tenants left 3 items in the garage. I wasn't very happy about it but the new tenants were ok with this as they weren't moving in for another 5 days. The items were moved that day. Never heard anything about it further as it was so trivial. But for the TT claim they wanted $470 in compensation. Claim was also dismissed.
3) Cleaning: The house was spotless, however they said it 'wasn't perfect'. To pacify her I offered to send a cleaner to get it to 'her standard'. They produced photos after 34 days of being in the house. The photos had nothing to do with the start of the tenancy. They also produced a photo of their dirty oven after 54 days of the tenancy claiming it related to the start of the tenancy too. I had a letter from the professional cleaner who stated it was spotless. I pointed out the date on these photos was 34 days into the tenancy, as they provided digital images to me. Given all that the TT still decided I have to pay her $100. Doesn't make sense.
4) Repair. Where do I start on this one. Previous tenants had no issues. There weren't any. But these tenants compiled a list of 30+ items. They were trivial and unnecessary. However I addressed each of them. I went out of my way to change all the window furnishings, replace bathroom fittings etc. All the items on her list were visible at the property viewing. They must have viewed with their eyes shut. But I have to compensate them $300 (they were seeking $500). And I have a work order. It is another trivial request and I can't see the justification for it.
At the TT they mentioned that these 4 items were only included to help at mediation with the rent reduction. That's $2K of damages sought they would drop to get the $5K off the rent. They were surprised I didn't mediate.
These tenants knew exactly what the property was like when they signed the agreement. They have been renting for 14 years and are experienced renters. In hindsight I mustn't have made my case clear on those items I'd been pulled up on. But when the applicant is a law lecturer, quoting case law in the claim, a claim that is 80+ pages long, and at a TT hearing lasting 2 1/2 hours, I think I probably did ok.
Once the decision is posted on the TT online database, it is public information and can be referenced here and elsewhere so people can look it up. Many landlords do a TT search as part of reference checking. Just sayin'.
It was interesting that the tenants thought the case would go to mediation, not to a hearing. What are the advantages to an applicant of mediation over a hearing?
Rockabella, thanks for posting the additional information. A good job under difficult circumstances.
The Tenancy Tribunal hears disputes between landlords and tenants of residential properties who have not been able to reach agreement in mediation provided by the Ministry of Business, Innovation and Employment's Tenancy Services.
Thank you rockabella. You have done a great job. Standing up to a intimidating. highly educated woman. who seemed to be coming from a position of power, and attempting to rip you off.
People like you make this a great country to live in. Well done.
I wonder if her employer is aware of her behavior.
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