Need your opinion please

[landlord1990]

I would really appreciate your comment on this.

If you have placed your property with a Property Management Company (not REAA registered) they have secured a tenant, collected bond etc at the time of getting the tenant, several months or years down the track the company leaves town and you find out the bond has not been lodged.

1. Is the tenant responsible?
2. Is the property owner responsible?
3. Is the property management responsible? (but what if they have skipped the country)?

Your comments would be appreciated.

[Keys]

The landlord who is named as such on the tenancy agreement is responsible and the tenant can make an application for exemplary damages for $1000 plus the return of the bond.

[landlord1990]

Thanks Keys, Ouch, I think you may be correct in your answer!

[landlord1990]

Next Question

Does anyone know how to get hold of Trump Assets Management Ltd, they seem to have phoofed into thin air!!

[Keithw]

There seems to be little responsibility of an agent under the Residential Tenancy Act
http://www.legislation.govt.nz/act/p...resel#DLM95041


19 Duties of landlord on receipt of bond

• (1) Where any person pays to the landlord, or to any other person on behalf of the landlord, any amount by way of bond (whether the amount is for the whole or part of the bond), the following provisions shall apply:
  • (a) the person who receives the payment shall forthwith give to the payer a written receipt, signed by that person, showing—
    • (i) the address of the premises to which the payment relates; and
    • (ii) the amount and nature of the payment; and
    • (iii) the date of the payment; and
    • (iv) the name of the payer (if known to the person who receives the payment):
  • (b) the landlord shall, within 23 working days after the payment is made, forward the amount received to the chief executive, together with a statement of particulars in the approved form signed by the landlord and the tenant.

So an agent must give a receipt, but the landlord must forward the bond.
I suppose there is an argument that the landlord hasn't received the bond to forward, thus leaving the hole in the system where an agent can collect but not forward to the landlord.

Yet in the recent amendment re appointing an agent when overseas, the agent has the same responsibilities as the Landlord

16A Landlord must have agent if out of New Zealand for longer than 21 consecutive days

• (1) A landlord who is out of New Zealand for longer than 21 consecutive days must ensure that the landlord has an agent in New Zealand.
  
  (2) A landlord who does not already have an agent and who knows that he or she will be out of New Zealand for longer than 21 consecutive days must appoint an agent before he or she departs from New Zealand.
  
  (3) A landlord who does not already have an agent and who has been out of New Zealand for longer than 21 consecutive days must promptly appoint an agent.
  
  (4) A landlord who appoints an agent under this section must, immediately after appointing the agent,—
  • (a) notify the tenant of the agent’s name, contact address, and address for service; and
  • (b) if a bond is held in respect of the tenancy, notify the chief executive in the approved form of those particulars.
  
  (5) An agent appointed under this section has, as against the tenant, all the rights and obligations of the landlord.
  
  (6) A contravention of any of subsections (1) to (4) is declared to be an unlawful act.
  

[WGN ex-property manager]

the "landlord" is responsible, so if the "landlord" was on the tenancy agreement as, for example J*r***o Property Management as agent for <owner>, then the PM is responsible. If, however his name begins with K and he has skipped the country, then the tenant is probably screwed, but should lay a complaint with the police.

PM me with your contact details if you want to discuss further, as this is quite a topical debate at the moment.

[WGN ex-property manager]

Not another one!

I'm actually beginning to think the evils of bad regulation might be better than then status quo.

[Keys]

Not another one!

I notice that it's another North Island one Robin.

[WGN ex-property manager]

Maybe we'd better regulate the South Island first, just as a pilot project, before exposing the fledgling law to the full horror of North Island Property Managers

[landlord1990]

Thanks for all your replies, This is probably a lesson learnt and will go with REAA companies for a bit more security.

[WGN ex-property manager]

There is much anecdotal evidence that REINZ affiliated Real estate sales companies have a poorer track record of quality service than do good independent companies.

Also Property Management is not governed by the REAA, so there isn't actually any teeth to any "regulation" you might perceive.

[One]

Someone on here was enthusing about an Auckland property management company a while ago. Bluekiwi, was that you?