Tracking down ex-tenant

[NIK]

Hello everyone,

well after hearing in TT that took 3 sessions, seven attempts to serve OE, 3 attempts for WFA, warrent to arrest was finally carried out but hearing was adjourned as the person claimed she was no longer on benefit/had any income.....she is stating no assest/income/benefit..........hearing is next week, just wondering if anyone had case like this/what else can be thrown under my feet...of course winz said when I wanted to confirm if the person is on benefit that they are not allowed to discuss their 'clients' details....
I was hoping for an attachement order to her benefit, however small to teach her a lesson and not to let her get away with it....(TTT 2010 - 070 - 000744)
Thanks....
is she a pro? 'single' mum of 2 kids living for nothing? ....

[TheLiberalLeft]

If she is, then it's now legal and she should be taxed accordingly. Perhaps the IRD might be interested?

[NIK]

IRD...will give that a try...

just wondering though can she claim NAP given she had assets and $ but spent it all the 4 days prior to the last TT hearing? isn't that fraud ? taking out loans/hp/etc to avoid paying the debt, then come off benefit and simply claim NAP?
is her debt going to be simply written off because she cleverly calculated her steps? take out loans, hide for a while, come off benefit (though not certain if she really did) and now claim NAP?

[One]

Is that this charming tenant? http://www.tenancytribunal.govt.nz/a...Id=10/00778/TG

[NIK]

ONE:
bingo! that's the one!

[olliestyles]

from http://www.insolvency.govt.nz/cms/pe...sset-procedure

The Official Assignee can refuse entry into the NAP if:

• your creditor(s) object to entry or
• bankruptcy proceedings have been initiated and the likely outcome for the creditor would be materially better if the proceeding continued or
• you have concealed assets or
• you have committed an act that would be an offence under the Insolvency Act 2006 were you bankrupt or
• you have incurred debts knowing you had no means to pay them.

[NIK]

Thank you for that.

Called made, form filled, let's see what happens next......
Maybe she did come off the DPB so I saved the system a bit of money (or is the partner now claiming to be 'single' dad?) I would just love to know her secret, renting property with RV 900 000+, new vehicle, 2 kids, partner and no income/benefit/assets? seriously, and they will let her enter NAP????

[NIK]

Oops,
call made, form filled.....

[NIK]

olliestyles,
do you know if my objection can succeed apparently a family member paid off all other debts (so if she didnt' enter NAP I could have taken her vehicle....)...

[NIK]

Not having much luck, this whole system is totally ***************
Never mind the TT being a Kangaroo court taking 3 sessions of 3 and half hours, 7 months to get decision, that is the least of it....
tenant that you can't serve on AFS because the tenancy and court's bailiffs view the AFS in different light, 7 attempts, then WFA, 1st attempt she lied about her ID, 2nd attempt bought to court where she pleaded NAP............so all big fat waste of time and money (taxpayers) while she walks away free great system ......clearly works

[livingdoll]

totally agree with you - just in the process myself - doing the same thing - banging my head against
a brick wall - why cant we get payments from winz - they make the whole process seem so easy from
the start until they get as much money out of us as they possibly can and then say sorry cant find
her !!!! makes my blood boil - what can we do - is there anyone out there that gives a damn ?????

[Glenn]

Have yu done your public duty and lodged the debt against her credit file on Veda.
You should also send off your tt to get the judgement loaded up against her file.
I must admit I am not always good at doing this.
At least other landlords can be warned and it makes life real hard for them to get another rental.

[essence]

I recently had a call from a ChCh domiciled LL, asking about potential tenants going into a Gisborne rental. These potential tenants had been ex-tenants of mine about four years ago, and had been really good tenants for me.

Poor woman sounded absolutely distraught(?) trying to deal with getting new tenants while she's in Chch. She freely admitted to being "an accidental LL". Her last set of tenants had done quite a bit of damage and she's now being cautious (a bit late?!)

I gave the tenants glowing verbal references (they deserved it!). I asked had she

1 Checked the TT website? No, hadn't heard of it.
2 Veda? No, hadn't heard of it either.
3 Considered a Rental Management company?? Didn't want to spend the %age/wk.


This is the problem (generally speaking). There are too many Mum & Dad investors who think it's great to have a rental but have NO idea about tenant selection, screening, management, defaulters etc and when they do take on bad tenants they don't know HOW to lodge a debt.

Do LL's need to be registered?? Yes, I know this idea was raised by Labour (?) and I'm not sure I totally agree with it but it would certainly stop the carnage of bad LL's and bad tenants.

*stands back and waits for verbal storm!!*

[Keys]

Love to be registered. Make more work for me and those like me.

[Glenn]

1 Checked the TT website? No, hadn't heard of it.
2 Veda? No, hadn't heard of it either.
3 Considered a Rental Management company?? Didn't want to spend the %age/wk.


This is the problem (generally speaking). There are too many Mum & Dad investors who think it's great to have a rental but have NO idea about tenant selection, screening, management, defaulters etc and when they do take on bad tenants they don't know HOW to lodge a debt.

Too true.
I am facing that issue every day or two.
Even lots of members of PIA do not bother with Veda. Dare I suggest there are lots of property managers that do not bother doing credit checks either.
I know because of all those Veda checks I do for tenants moving from existing property managers. How dare they. I have even taken on managements from other companies and found that despite the owners having been charged for credit checks no checks had been done.
My (or rather our) point is these useless landlords only encourage bad tenants to become worse because they do not expect to be held liable for their actions.

You are dead right about stupid owners who do not want to pay for services but when they get stung scream blue murder about the rotten tenants, slow DBH, and corrupt biased courts.
Perhaps I should go into the mirror selling business.