I have got the tenancy tribunal order. But since I do not have the current address of the debtor but have their car rego number, which is better to enforce the order. Anyone please any experience? many thanks
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I'd be really interested in the answer to this, too. I've got a similar order but the guy has dropped off the map.AAT Accounting Services - Property Specialist - [email protected]
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Read this.
The key point is you need to have an address where orders can be served. One thing that helps with this is to have the following section in your tenancy application:
Next of Kin / Duly Authorised Agent (Name, address and contact phone number of a relative whom the applicant nominates as a duly authorised agent to receive service on his or her behalf)
Check it (of course). This can then be an alternative address for serving TT and Court orders.
Then also make sure you have a clause in the application that says something along the lines of:
I agree that you can use any of the information on this form to enforce any judgements regarding this tenancy (if I become the tenant) awarded by the TT or the Court.
One important point with regards to collection costs. If you want to be able to do this, you must have a clause in your rental agreement where the tenant agrees to be liable for the costs of enforcing any TT or Court order regarding the tenancy.
Also, read this PT forum posting.
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Originally posted by BigWal View PostRead this.
The key point is you need to have an address where orders can be served. One thing that helps with this is to have the following section in your tenancy application:
Next of Kin / Duly Authorised Agent (Name, address and contact phone number of a relative whom the applicant nominates as a duly authorised agent to receive service on his or her behalf)
Check it (of course). This can then be an alternative address for serving TT and Court orders.
Then also make sure you have a clause in the application that says something along the lines of:
Also, read this.
One important point with regards to collection costs. If you want to be able to do this, you must have a clause in your rental agreement where the tenant agrees to be liable for the costs of enforcing any TT or Court order regarding the tenancy.
Also, read this PT forum posting.
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Thanks for the tip, I have just added suggested clause into my agreement doc for future tenants.
I have got to ask, with all the good suggestions for things to add onto Tenany Agreements, why are they not already on the Tenancy Agreement form available on the Tenancy Services website? (which is a very basic from I am now finding) Do they not take advice from Landlords to improve their documentation to benefit all landlords? Or is that the point, tenancy services really exist to only help the tenants and assisting landlords is just window dressing?
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Hi there, if you have the tenants date of birth, WINZ Client # or place of employment once costs have been awarded to you, you can apply to the fines department at your local court for an attachment order. The cost is $50.00 which ia added to the tenants debt. I have had a lot if success with this system and its much cheaper than using an agency. Also another plus is that it is paid weekly directly to you whereas with an agent its normally 3 monthly less of course their fees.
if you do not have any of the tenants details as mentioned above then basically your only course of action is through an agency.
When you have the bond lodged you should always have " an address for service". Also on any application form I would suggest very strongly that you obtain D.O.B.,WINZ details (if on a benefit), employer details and as many phone numbers as you can prebably landlines.
If you have already been to court and awarded costs there is a form on the MBIE site that you can download and send away. If they locate the tenant, the details are sent to the courts and you can then go from there.
Big Wal is onto it!
Hope this helps and good luck.
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Originally posted by Angela1 View PostOr is that the point, tenancy services really exist to only help the tenants and assisting landlords is just window dressing?
On a different note:
- Re-reading this thread it occurred to me that you don't necessarily have to ask for the 'authorised agent' information on your application.
You could just put it on your Tenancy Agreement, as it doesn't in fact have to be a valid address. As long as they've given you the information, all you need to do is serve notices to that address, regardless of whether it's a real one or not.
I prefer putting it on the application though, as it's another thing you can (try to) check, hopefully giving you a bit more information on whether the applicant is kosher or not.
- It also struck me that I didn't explain why it is good to have an 'authorised agent' address.
The reason is that it allows you to serve the tenant more than 2 months after the end of the tenancy. (Your other alternative is basically finding them, or getting a new address from them within the two month time period, which is unlikely to work) The relevant section of the RTA is 91A(2).
- And finally, I've just read section 91B for the first time, which may give you an out if you've missed the 2 month period, and don't have the 'authorised agent' clause in your agreement. Not that I'd hold much hope of getting past an adjudicator on this basis though.
91BHearing may proceed even if party not served
- If a notice or other document that is required to be served on a party is not served in accordance with this Act, the Tribunal may nonetheless hear and determine, or dismiss or adjourn, the matter if it is satisfied that—
- (a)all reasonable efforts have been made to serve the party as required by this Act; and
- (b)the failure to serve the party as required is not due to any fault or unreasonable delay by the applicant
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