Tenancy Clauses to add to tenancy agreement

[mrsaneperson]

I see it as a nullity.

[Rentex]

Tenancy Services have updated their online tenancy agreement.
Full page here: https://tenancy.govt.nz/starting-a-t...cy-agreements/
Tenancy Agreement PDF here: https://tenancy.govt.nz/assets/Forms...-Agreement.pdf

[Perry]

I had a guffaw at this one:

1. This is a legally binding contract.

Where are the bits which tell everyone that a TT Kangaroo Kourt can liberally interpret, interpolate, invalidate, extrapolate, shorten, lengthen, enhance, add to, extend, super-impose or whatever, at its whim? Even if the TA explicitly quotes the RTA.

[Meehole]

OK Landlords claim for exemplary damages - for exceeding the maximum number of occupants. This is an unlawful act and damages of up to $1000 may be awarded.
The tenancy agreement states that the maximum number of tenants is 2.
The tenants had a young child living there for 9 months - foster child hoping to adopt.
Tenants didn't notify landlord about the child.
Property Manager originally let the property, we took over the management. PM never gave us a copy of application form that states 2 adults - children 0 (foster)
Tenant said she discussed with PM that there may be a foster child, Pm didn't advise us.
Adjudicator says " I am satisfied tenant notified PM that there may be a child at the property. Altho not communicated to owner it was communicated to her agent (PM).
He then says "my finding is that the tenancy was accepted on the basis that there would be 2 adult occupants and possibly one child occupant during the tenancy. To the extent that the tenancy agreement does not accurately reflect this, the tenancy agreement is incorrect.
It follows that the tenants have NOT exceeded the maximum number of occupants and therefore this part of the claim is dismissed.
Umm the agreement clearly states 2 adults! Can'y locate the PM but am sure she would have told the tenants to notify the landlord if they were successful in getting a foster child.
Comments??

[Perry]

Comments?

Doesn't that tale simply reinforce my previous post? I.e. it shows that this Tenancy Services statement is simply a lie, put there to exude warm fuzzies of some sort.

1. This is a legally binding contract.

It's not binding when it suits some TT Kangaroo Kourt Klutz to annul it! Worse still, on the basis of hearsay!

[Meehole]

Anyone know how to apply for a re hearing? Can't find the relevant application form online.

[recemember]

Chapter - 40 1e (iii), Verse - 137 1 (b).

To write into a TA that carpets shall be professionally cleaned removes the right from the tenant to leave the place (ahem)

"reasonably clean and reasonably tidy"

I wonder what the TT would have to say if as part of your TA the parties agreed to define "reasonable clean and reasonably tidy" as carpet cleaned, plus any other specifics you may want to cover come tenancy end. Surely that would be a way to make it legal as both parties have explicitly agreed to clarify the right/obligation.

[mrsaneperson]

I would also like to add words in the TA that if the bond or balance of the monies is not received prior to 2 days of the start of the tenancy that any deposit taken will be forfeited and the agreement will be nullified.
Does anyone have a similar cause written in their agreements?

[mrsaneperson]

Anyone know how to apply for a re hearing? Can't find the relevant application form online.

If you cannot locate the property manager who was acting on your behalf to either refute what the tenants said its a lost cause.

[Keys]

I wonder what the TT would have to say if as part of your TA the parties agreed to define "reasonable clean and reasonably tidy" as carpet cleaned, plus any other specifics you may want to cover come tenancy end. Surely that would be a way to make it legal as both parties have explicitly agreed to clarify the right/obligation.

Nope (mamc)

[Keys]

I would also like to add words in the TA that if the bond or balance of the monies is not received prior to 2 days of the start of the tenancy that any deposit taken will be forfeited and the agreement will be nullified.
Does anyone have a similar cause written in their agreements?

We never actually sign a TA unless all conditions have been met. We sign an "Offer of Tenancy" form to cover the limbo time between a verbal offer and the signing of the full TA.

[Perry]

Similar to Keys - ours is called a "Conditional Offer of Tenancy."

[cesami20]

"without the landlords written permission" ??- What is the best wording to modify

[mrsaneperson]

We never actually sign a TA unless all conditions have been met. We sign an "Offer of Tenancy" form to cover the limbo time between a verbal offer and the signing of the full TA.

So do you take in advance all monies before signing the TA? I take a deposit - usually one weeks rent - then its written in the TA that the bond must be paid 2 days prior to tenancy beginning, but i was thinking of adding that in the event of this condition not being met that the TA may be terminated and any deposit will be forfeited.

[Keys]

So do you take in advance all monies before signing the TA? I take a deposit - usually one weeks rent

I take a deposit when they confirm they want it. The rest is collected upon signing the TA.