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I have a hearing against my Landlord at the Tenancy Tribunal in six days?

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  • I have a hearing against my Landlord at the Tenancy Tribunal in six days?

    I'm really nervous!
    I've been the tenant for a year in a boarding house style place.
    First, and the most obvious thing I'm taking them there for is failure to lodge bond. I paid a $500 bond and it has not been lodged. About 50 people live here, and none are lodged. Imagine the interest they are making!
    They also required 3 weeks rent in advance, the last week to be held until the end of the tenancy.
    We also didn't get a proper tenancy agreement. It says tenancy agreement on the front, but does not contain the amount of rent we pay, an address for the landlord, etc, nothing except stuff like "Please no candles in the rooms".

    The thing that originally prompted my application was because in September, we had no hot water for 6 days, then a generator was put in and we had lukewarm water but still not heating (as it was run of the same system) and it took 12 days for normal system to be fixed.
    I am claiming for compensation for failure to maintain because this should not have happened. I had to wash my hair in a bowl of cold water. The boarding house is only 11 year old, so to just ignore a system until it totally gives out is unacceptable.
    Any advice for my hearing? I'm so nervous it'll be like Judge Judy and I'll get thrown out of the court for whatever reason.

  • #2
    It doesn't sound like you're the one who should be nervous! Don't get emotional and only talk when its your turn. You should be fine!
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    • #3
      Originally posted by drelly View Post
      It doesn't sound like you're the one who should be nervous! Don't get emotional and only talk when its your turn. You should be fine!
      I'm 19 and have never done anything like this before.
      I've never even been a day behind in rent so they can't say that I've been a bad tenant or anything.
      Do you think I'll get the compensation I'm claiming for?

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      • #4
        it's hard to say

        as you haven't said....
        have you defeated them?
        your demons

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        • #5
          If it is a boarding house - then surely the RTA does not apply?

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          • #6
            Originally posted by flyernzl View Post
            If it is a boarding house - then surely the RTA does not apply?
            Yip. Loads of special sections to do with boarding houses. Not familiar with those ones as I don't run any properties like that.
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            • #7
              Originally posted by Keys View Post
              Yip. Loads of special sections to do with boarding houses. Not familiar with those ones as I don't run any properties like that.
              I've talked to the advisers at the DBH and they say it definitely does.
              In fact even more so. It's basically the same rules but with additional obligations.

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              • #8
                Fair enough. Just asking.

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                • #9
                  It should be interesting anyway.
                  They kept promising to compensate us for the hot water outage, and kept saying "Someone will be in to talk to you next week" over and over but it never happened. So I applied to the tenancy tribunal.
                  Before I did I had a good long read of the RTA. I found out that the bond should have been lodged, that they asked for too much rent in advance, and that they failed to maintain.
                  Is the fact it hasn't been lodged when I paid in January relevant? Like is time period relevant or just the fact it hasn't been lodged at all?

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                  • #10
                    Are you doing this alone, or do you have others of the 50 or so tenants in on it as well ?

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                    • #11
                      Sorry had to register again as it said my email was invalid.
                      At this stage it only has my name on it, but the others are waiting to see how mine goes, and then if I'm successful they will all make identical applications as it will set a precedent. I'm taking one for the team, I guess.

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                      • #12
                        Well, if you're the precedent-setter, are you
                        getting any support from the others? There
                        must be someone among them who you
                        can take along as a support person? And
                        get some helpful advice from, beforehand.

                        The Boarding House bits of the RTA were
                        added at the last amendment of the Act
                        and I don't know of any regulars on PT
                        who have any experience with that section
                        of the Act, never mind operate a Boarding
                        House. (That's only AFAIK)
                        Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

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                        • #13
                          Do you have a community law service they can be quite helpful and may help prepare you.

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                          • #14
                            Yes, take a support person. I was a support person at a TT hearing and had to 'register' beforehand by letting them know a day or two in advance.

                            You will be fine, sounds like you are sensible and prepared, not necessary to be perfect! The adjudicator should make sure you get a fair hearing. The outcome is anyone's guess though, so don't be disappointed if it doesn't all go your way. Did you include application fee in your application?

                            Have you considered your response if the LL offers to settle before the hearing? Also be aware if you are given notice you may be able to have it set aside as retaliatory.

                            Let us know how it goes.

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                            • #15
                              Originally posted by m1sskitten View Post
                              and then if I'm successful they will all make identical applications as it will set a precedent. I'm taking one for the team, I guess.
                              No it doesn't. Get them all to apply at once. All of the applications will show more of an intent by the LL to break the law than just yours. If he terminates, you need to apply before 10 working days expire.
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