Tenancy Tribunal

[keleri]

Just got a letter to say my tenant is taking me to the Tribunal. Tenant missed a couple of rent payments so I sent her a 10 Day notice to remedy. Instead I get this Tribunal letter requesting compensation because the roof had been leaking for some time and she has had to buy two washing machines and a dryer (no receipts) also all the things that attracted her to the property had been taken away by me. I can only quess she is referring to three big silver dollar trees on the boundary that I removed as they were too big and were cracking the neighbours drive.
The roof took a bit of time to fix as it only leaked in heavy rain. An internal gutter was overflowing.The gib board gave up so there is now a repair to do inside as soon as I can get access from the Tenant. Have sent her a letter saying to get in touch but she has not replied. I had a plumber " fix " it three times before putting on a new hip roof with external guttering.
Does my 10 Day letter have priority and what comments about this compensation . Any advice would be appreciated so I can get prepared. Thanks.

[Glen]

It all comes back to communication,....on both sides!

By the sounds of it, it isn't the flashest of properties, and she isn't the flashest of tenants.

Compensation of any sort is out of the question. She should have talked to you first regarding any problems, and you should have remedied the problem.
....ambulance at the bottom of the cliff and all that....

When things get to this point then you might be best to find the quickest and simplest solution, cut your losses, get rid of her, move on, and learn how to manage the situation better next time.

[xris]

Keleri,

Get it all fixed up now without delay.

xris

[Glenn]

This sort of action is not uncommon.
If she has not issued you with a 10 day day to remedy section 56 notice then she has shot her foot.
You now need to lodge a counter claim re rent. Do this immediately. You need receipts of course for the plumber and so forth but you are not yet in clear water. Re access and so forth. What you must do is issue a notice of entry for maintenance. This requires 24 hours notice. If she will not permit access you then include a request for compensation. Denial of access when correctly notified is one of only two things that the court will grant the landlord costs against the tenant. Just saying they have not rung back is such and old story no one will believe it so you need to document the notice letter.
You need really clear detailed rent records. For private landlords you will also need cuts from the bank statement showing a normal payment from her then say a couple of days of activity the week later showing no money in from the tenant.

[keleri]

Thanks all, Have all receipts, copies of letters and rent payments or lack of. The tenant agrees lack of rent payment so no problem there. Was more concerned about compensation for two w/m and one dryer. Looks like she is saying the water leak damaged them.

[Glenn]

Re washing machine being damaged by water.
I park my washing machines outside and it does not hurt them.
Most washing machines pack it in due to hair clips in the pump.

[xris]

Isn't saying a washing machine has been damaged by water a little like saying a beach buggy has been damaged by sand?

[Caroliner]

Are you missing any information out? You must have done something wrong for her to be taking you as it is a cost and hassle on her part. Just be careful not to lie. Not saying you ARE ...but just be careful.

[eri]

another TT joke on justice

Keisha Castle-Hughes' tenancy tribunal dispute has been adjourned due to her boyfriend's bail restrictions not allowing him to associate with her.

Hughes, 21, and boyfriend Michael Graves, 22, were listed for a Tenancy Tribunal hearing today against their former landlord Roger McCracken who alleged the pair had left his Mt Eden house with damage costing $4000 to repair.

However, Graves was charged with assaulting his film-star girlfriend following an Auckland Oscars party on Tuesday.

A Tenancy Tribunal spokesman said Graves' lawyer in the criminal matter, Ron Mansfield, had informed him the tribunal hearing could not proceed.

"It was unable to proceed because of bail conditions for Mr Graves which require him not to associate with Ms Castle-Hughes," the spokesman said.

A new date for the hearing has not yet been set.

http://www.stuff.co.nz/national/6512...eishas-hearing

[Keys]

And guess who has to supply a new AFS?

[skid]

This washing machine drama sounds a bit retaliatory in reverse[usually its the landlord who retaliates] She may have been studying the tenancy laws to look for a lopehole and saw the bit about retalitory issues.
nevertheless I would have thought she would have had to issue a 14day notice to remedy and surely would have to have some sort of evidence.

[Hec]

Hi Keleri,
it is the start of not getting any more rent.
Keep communicating and log all your communication and offers of help .
You dont have a fixed term tenancy do you ?