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  • Bond not lodged (exemplary damages)

    Hi there

    I was just wanting some advice... I have applied to the TT because our LL failed to lodge our bond which was paid on the 11/11/2011 or give us a receipt. I gave them a 14 day notice to resolve the problem on the 25th Jan, they replied on the 28th saying they had now sent it off but 20 days later the DBH has not yet processed it so I applied to the TT. So I'm wondering how far I'm actually going to get, do I need to be able to prove this has damaged us in some way (is them gaining interest on our money sitting in their bank account enough?), or will it be enough that they didn't do it in the original 23 working days?

    Any thoughts would be much appreciated

  • #2
    Pop in here (part 3) and read the requirements which need to be met before you get awarded damages.
    www.3888444.co.nz
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    • #3
      Can't hurt to apply for exemplary damages right? At the end of the day what you really want is your bond lodged - if you get that, be happy. If you get the damages, bonus. You've done the right thing by issuing a 14 day notice to remedy. I imagine that the landlord might have a tough time proving he hadn't done it intentionally with the anti-landlord bias in the TT adjudicators.

      Don't forget to apply for your application fee also.

      Please let us know how you get on.

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      • #4
        Thanks for your advice and yep I will

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        • #5
          Originally posted by noodles View Post
          Hi there

          I was just wanting some advice... I have applied to the TT because our LL failed to lodge our bond which was paid on the 11/11/2011 or give us a receipt. I gave them a 14 day notice to resolve the problem on the 25th Jan, they replied on the 28th saying they had now sent it off but 20 days later the DBH has not yet processed it so I applied to the TT. So I'm wondering how far I'm actually going to get, do I need to be able to prove this has damaged us in some way (is them gaining interest on our money sitting in their bank account enough?), or will it be enough that they didn't do it in the original 23 working days?

          Any thoughts would be much appreciated
          The landlord has now sent it off. Leave it at that, it could have been an admin error.With the current lousy 4% interest rate offered by banks on term deposits; actual pecuniary gain to the landlord on investing say a bond of $1000 over a month would be around $2.23 net.This would be enough for him to buy a "Big Ben Pie" from his local dairy, a major financial gain [tic], for his lack of punctuality in lodging your bond.

          It seems to me all your posts are geared towards extrapolating money & taking anyone to the "cleaners" who remotely crosses your path.
          Last edited by mrsaneperson; 02-04-2012, 09:52 PM.

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          • #6
            Originally posted by mrsaneperson View Post
            The landlord has now sent it off. Leave it at that, it could have been an admin error.With the current lousy 4% interest rate offered by banks on term deposits; actual pecuniary gain to the landlord on investing say a bond of $1000 over a month would be around $2.23 net.This would be enough for him to buy a "Big Ben Pie" from his local dairy, a major financial gain [tic], for his lack of punctuality in lodging your bond.

            It seems to me all your posts are geared towards extrapolating money & taking anyone to the "cleaners" who remotely crosses your path.
            It wasn't a admin error it was a dodgy landlord holding onto our money not a lack in punctuality either. In all honesty I dont really care what you think after all it seems you think whats wrong is actually okay. I didn't do anything wrong or illegal and think people that do should have to pay the price. The rules are in place for a reason but obviously this doesn't mean much to you.

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            • #7
              Originally posted by noodles View Post
              It wasn't a admin error it was a dodgy landlord holding onto our money not a lack in punctuality either. In all honesty I dont really care what you think after all it seems you think whats wrong is actually okay. I didn't do anything wrong or illegal and think people that do should have to pay the price. The rules are in place for a reason but obviously this doesn't mean much to you.
              Your fixation is primarily on legal wrong doings with the pursuit of any monetary advantage that will generate you for the most benign occurences. At the same time you're clogging up the already over burdened TT hearings process with your frivolous claim in the hope of maximising the greatest monetary outcome.I hope the adjudicator at the hearing sees through your application . Fortunately the RTA was designed to have some fairness & some flexibility unlike many other legal statutes.I will be happy if youre awarded $2.23 but charged for wasting court time.

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              • #8
                Originally posted by noodles View Post
                It wasn't a admin error it was a dodgy landlord holding onto our money not a lack in punctuality either. In all honesty I dont really care what you think after all it seems you think whats wrong is actually okay. I didn't do anything wrong or illegal and think people that do should have to pay the price. The rules are in place for a reason but obviously this doesn't mean much to you.
                to get any damages you would have to proove that
                1. the ll didnt lidge the bond intentionally (which you can not since albeitcwith delay he has done now)
                2. show and proove that you have been seriously disadvantaged by the non lodgement of the bond
                i read one tt case where tenant was awarded $50 exemplary damages...that was for complete non lodgement...so given yhe filing fee the delay the fact you will have to take time off work is that eorth it? plus all future lls will be able to see you were after monetary gain....sure rules are there for a reason but do you think lls get exemplary damages every time tenant doesnt pay rent on due date????
                if ll is as dodgy as you claim you should have moved....

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                • #9
                  if you didn't get a receipt

                  you might want to tread warily

                  when going for gain
                  have you defeated them?
                  your demons

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                  • #10
                    I'm with the OP on this, if you don't like the rules of the game...

                    If DIY Landlords took a professional attitude toward what should be treated as a business, you wouldn't read half the f*** ups on here.

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                    • #11
                      Originally posted by Simmo View Post
                      I'm with the OP on this, if you don't like the rules of the game...

                      If DIY Landlords took a professional attitude toward what should be treated as a business, you wouldn't read half the f*** ups on here.
                      why stop there? if tenants paid rent on time, didn't cause damages, didn't breach conditions of their TA, didnt do runners etc there would be 95% fewer cases at TT....

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                      • #12
                        Originally posted by NIK View Post
                        why stop there? if tenants paid rent on time, didn't cause damages, didn't breach conditions of their TA, didnt do runners etc there would be 95% fewer cases at TT....
                        That'd be great wouldn't it...

                        In my experience (granted, nothing like some have on this site) through taking a professional approach and thoroughly vetting you're applicants you can leave the hassles you mention to the other less savvy landlords. You only have to read through a small handful of TT orders until you come across a "why the hell did the landlord do that" scenario. Maybe I'm just lucky

                        We expect tenants to play by the rules so in this case why shouldn't they apply in reverse? Again, if you don't like the rules...either do you're homework and behave in a business like manner, or find/employ a manager who can do it for you.
                        Last edited by Simmo; 08-04-2012, 05:04 PM.

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                        • #13
                          Originally posted by Simmo View Post
                          That'd be great wouldn't it...

                          In my experience (granted, nothing like some have on this site) through taking a professional approach and thoroughly vetting you're applicants you can leave the hassles you mention to the other less savvy landlords. You only have to read through a small handful of TT orders until you come across a "why the hell did the landlord do that" scenario. Maybe I'm just lucky

                          We expect tenants to play by the rules so in this case why shouldn't they apply in reverse? Again, if you don't like the rules...either do you're homework and behave in a business like manner, or find/employ a manager who can do it for you.
                          well you have either been very lucky or are quite new to being a ll...
                          my bad tenant was placed by a pm...we took over as a result.
                          Exemplary damages are not awarded often against tenants even when their breaches are trully bad. Why should a ll be fined for minor delay...and if they are why not apply the same rule and fine tenants every time they dint pay their rent on due date?
                          The RTA is heavily biased and favours the tenant.
                          In the case of op there was just a delay. Was it intentional? Did ll deny that he received the bond? Was tenant injured in any way? Maybe the cheque gone missing ...it does happen...maybe the ll was slack....maybe the dbh took longer to process it....to just say hey i want exemplary damages is bit ott .... unless the ll did so intentionally ... which might be hard to proove.
                          I only read one case ll was fined $50 for complete non lodgement but lll acknowledged the bond was paid....

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                          • #14
                            Bit of both maybe lol..good managers are hard to come by.

                            Agree the OP is puhing the proverbial trying to claim damages, but at least the threat of it got the ll's A into G. I personally can't see why it would take any longer than a week to get things at least sent away, over 2 months is pathetic (cash-flow issues over xmas much??).

                            I've got a feeling the OP is much, much more familiar with the RTA than the ll, a not so smart place to put yourself in as a ll IMO.

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                            • #15
                              Will be an interesting few weeks soon in my sphere.

                              Number 2 son (Second Son) is purchasing his first PPOR after having an IP for 7 years. Seems the LL, who has SS as a tenant, has not forwarded the bond. SS has been there for over a year now.

                              I watch with interest.
                              www.3888444.co.nz
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