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Address for service - a cautionary tale

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  • Address for service - a cautionary tale

    Had a tenant evicted for non pay of rent.

    Then had to wait 3 months for a continuation of hearing for damages, cleaning, rubbish removal +++

    Turned up at TT with my photos and comprehensive list of claims.
    Before I could open my mouth the adjudicator looked at me very sternly and said "Where on your tenancy agreement is the address for service?"

    OOPs!

    When I signed the tenant up a couple of years ago I unthinkingly signed them up on an old Real Estate Institute tenancy agreement, not noticing it did not have an address for service.

    The adjudicator told me she could make no order against the tenants as she had no proof they had received notification of the hearing. She said she would have to dismiss my claim.

    I managed to persuade her to serve the order on him at work- if he works there still. If not- my claim is stuffed. All several thousand dollars of it.

    My fault.

    Am posting this as a cautionary tale. That address for service is very important.

  • #2
    Is this a case where a professional property manager might actually have saved you some money?

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    • #3
      Yes,

      for $9 you can get a hard copy of the RTA. It's even on line for free reading.

      Consider it your bible. Makes for wonderful reading.
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      • #4
        A RANT !!!

        I wrote about the address for service, not because I needed to be told about property management or that I needed to be told about the RTA. It was purely told as a warning about the importance of address for service.

        One reason I don't bother to post much these days is because of the self righteous replies to so many posts. If I want help I will ask. Please read people's posts properly before replying and see if they are gasping for your advice before offering it. Propertytalk is a fantastic site but in my view a few posters are too quick to boomerang back their "property manager, RTA advice".

        Ok- END OF RANT!

        Comment


        • #5
          eagle,

          I asked a simple question, albeit a rhetorical one.

          Paul. (PS this is an edited version of an earlier post in which I was perhaps a little ruder than I ought to have been.)
          Last edited by SuperDad; 08-07-2009, 07:13 PM. Reason: as above

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          • #6
            Originally posted by eagle View Post
            A RANT !!!

            I wrote about the address for service, not because I needed to be told about property management or that I needed to be told about the RTA. It was purely told as a warning about the importance of address for service.

            One reason I don't bother to post much these days is because of the self righteous replies to so many posts. If I want help I will ask. Please read people's posts properly before replying and see if they are gasping for your advice before offering it. Propertytalk is a fantastic site but in my view a few posters are too quick to boomerang back their "property manager, RTA advice".

            Ok- END OF RANT!

            Do you have a copy of the RTA?

            Have you now checked every other TA you have to assure yourself that they comply?

            If not - you get what you deserve.

            Not edited.
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            • #7
              Sort-of says something about REA forms, doesn't it?
              Or have I missed something in the commentary? If
              not, another good reason why REAs are not ideal
              for rental / residential tenancy matters. Great that
              you persuaded the adjudicator to allow the work
              address to be used. Best of luck.
              Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

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              • #8
                Well I make one application a week to the tribunal.
                All of my tenancy agreements have the address for service filled in with the tenancy address quoted.
                Then when I make a section 22 claim I can truthfully state that is the address for service.
                On the "very" odd occassion I have been back much later after the end of the tenancy I have produced evidence of the address where the tenant can be contacted.
                On the balance of lifes ups and downs my system, although unorthodox, and frounded on by the adjudicators puts more dollars in my pocket than the so called correct way.
                I might add that it is normal for the adjudicators to question old address for services on tenancy agreements and will often as not adjourn the hearing to permit the applicant to prove to the court that the address for service is still valid.
                The whole system of having two addresses as provided for in the RTA is just some stupid civil service non sense that avoids the reality of the difficult situation that landlord creditors have.

                The issue is not about being right more times than wrong it is about getting the money more times than not.

                So yes Eagle you are quite right. But there are ways around your problem. See you do not need to use a property manager to be sneaky like me.

                Comment


                • #9
                  Originally posted by eagle View Post
                  A RANT !!!

                  I wrote about the address for service, not because I needed to be told about property management or that I needed to be told about the RTA. It was purely told as a warning about the importance of address for service.

                  One reason I don't bother to post much these days is because of the self righteous replies to so many posts. If I want help I will ask. Please read people's posts properly before replying and see if they are gasping for your advice before offering it. Propertytalk is a fantastic site but in my view a few posters are too quick to boomerang back their "property manager, RTA advice".

                  Ok- END OF RANT!
                  (I like it) Keys, SD take note.
                  The word 'anal' comes to mind from some of these guys posts.
                  Your rules and 'bibles' don't always allow for real life experiences.
                  I actually thought that Eagles original post in this thread was as clear as what was required and didn't need some smart arsed, jumped up reply.

                  Comment


                  • #10
                    I note you leave my question regarding the Mongrel Mob eviction unanswered.

                    How would you evict them when they refuse to go?
                    Last edited by Perry; 08-07-2009, 10:53 PM. Reason: Removed redundant quoted text
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                    • #11
                      Originally posted by Keys View Post
                      Yes,

                      for $9 you can get a hard copy of the RTA. It's even on line for free reading.

                      Consider it your bible. Makes for wonderful reading.

                      Where do we get the hard copy from?

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                      • #12
                        Originally posted by markw1 View Post
                        Where do we get the hard copy from?
                        Whitcoulls. Or, if you PM me I can send you one on disc.

                        It's going to be updated soon though.

                        This is the one I use all the time now as it has direct links to the appropriate sections and will be continually updated.

                        Nothing like having a hard copy in the car or with you at the TT. Especially with the relivant sections bookmarked.
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