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What to put in a TT claim

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  • What to put in a TT claim

    I have a scumbag tenant not paying rent.
    It is now half way through the 14 day notice period & it does not look like he is going to pay up, has missed a subsequent rent despite claiming it has been paid, so I am preparing for a TT application for eviction on the expectation that it gets to 21 days in arrears.
    What should be on the application ?
    • Immediate eviction
    • claim for all rent due up to the eviction
    • claim for all rent due until a new tenant is found or the end of the fixed term, which ever comes first

    (how does the TT respond to that sitiuaion ?)
    • cleaning cost $200 ?
    • lock change cost $100 ? its a master keyed system with registered keys
    • readvertising cost (trademe $100)
    • re-letting costs ? (showings, travel)
      How much can be claimed here ?
    • Exemplary damages (makes statements that payment has been made & automatic payment set up, but no money has been delivered, I dont believe a word he says & that his intention is not to pay the rent- is that enough grounds ?)

    What else ?
    Any damage is currently unknown, I dont expect any but you never know. Can I apply in anticipation or does it have to be after the fact ?

    If it comes to eviction, what is the process, who & how, police support/ notification ?
    Simply turn up & change the locks ? this could create a problem if he still has stuff in there, or is there & refuses to leave?

    If I get an order of liability up until a new tenant is found, what is the process - is it back to another appearance at the TT once the dates are known ?

    Unfortunately I am currently overseas so I need someone experienced to represent me / the company at the TT as this is not a job for the person who is currently acting as my representative. Any suggestions/ volunteers in Auckland ?

    The only good thing about this situation is that I have the contact details of his girlfriend/ flatmates mother, who has already made a payment on their behalf. (unfortunately his girlfriend is not on the TA)
    & i have managed to track down (the wonders of the WWW & facebook)& speak to his father, who appears very disappointed in his son, especially since he seems to have given him money to pay the rent that has not been paid.

    Any suggestions greatfully accepted
    Last edited by Keithw; 04-10-2012, 11:19 AM.

  • #2
    If -when you win your case ,be sure to include a disposal order along with eviction by bailiff so you can legally chuck any junk left behind.


    • #3
      Get a proper PM, as you should have done at the start.


      • #4
        Nice Help?

        There's sure to be one or two around, if you're
        in the right area and know where to look.
        Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!


        • #5
          I have a scumbag tenant not paying rent.
          I have a property manager. Job Done.

          (Although, to be fair to the PMs, the only time they've wandered off to the Tribunal is to get damages at the end of a tenancy.)

          An ounce of prevention?


          • #6
            This 'get a proper PM' mantra is heard often in these forums. I use one (actually 3) and they are all good now (one wasn't so hot origionally) but as we have read in here they are not all born equal. Some PMs are actually to the detriment of the LL.

            If you are going to get a "proper PM" ask here for recommendations.


            • #7
              My thoughts exactly Wayne.
              In my experience a lot of PM’s are as useless as t**s on a bull, as with debt collectors.
              I am looking for recommendations for a TT experienced PM in Auckland- Glenn or Keys would be wonderful, unfortunately in the wrong Island


              • #8
                Can you search by PM on the TT orders site?


                • #9
                  Excellent Idea once the company name is known, doesnt seem to work too well just on name tho