Header Ad Module

Collapse

Announcement

Collapse
No announcement yet.

A few questions about a flat that I'm moving out of this weekend?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • A few questions about a flat that I'm moving out of this weekend?

    So I've lived here for a year. One guy is on the lease, and the rest of us pay him. We don't have any written tenancy agreement or anything. I just came to view the place, said I'd take it, paid the bond and a week's rent and moved in.
    First of all, I moved in on a Saturday and started paying rent the Thursday before, so never used the week in advance.
    Secondly, I moved into one room, and then was made by another flatmate to move into the smaller room. The smaller room had broken curtain rails, as in I tried to close the curtains the first night and they fell straight down onto me, coming off the rails. Is this my responsibility to fix? I've had no curtains for most of the time I've lived here.
    Also, how much notice am I legally obligated to give when there is no written or verbal agreement? This place is really casual.

  • #2
    You have no contract therefore you have no obligations. The same can be said for your bond, too.

    Comment


    • #3
      Not so fast Leftie.
      Verbal contracts are binding.

      Comment


      • #4
        She never mentioned a verbal contract. Indeed, she says "We don't have any written tenancy agreement or anything. I just came to view the place, said I'd take it, paid the bond and a week's rent and moved in." I'd highlight the "OR ANYTHING" part. I've never really got the 'verbal contracts are binding'. How does one party prove what was said if the other party disputes it?

        Comment


        • #5
          "I'd take it"

          That's verbal enough.

          Comment


          • #6
            Originally posted by SmileyGirl View Post
            So I've lived here for a year. One guy is on the lease, and the rest of us pay him. We don't have any written tenancy agreement or anything. I just came to view the place, said I'd take it, paid the bond and a week's rent and moved in.
            First of all, I moved in on a Saturday and started paying rent the Thursday before, so never used the week in advance.
            Secondly, I moved into one room, and then was made by another flatmate to move into the smaller room. The smaller room had broken curtain rails, as in I tried to close the curtains the first night and they fell straight down onto me, coming off the rails. Is this my responsibility to fix? I've had no curtains for most of the time I've lived here.
            Also, how much notice am I legally obligated to give when there is no written or verbal agreement? This place is really casual.
            Firstly, go through the numbers so that your rent paid to him is paid to the exact days.

            Second, the curtains broke as fair wear and tear, and since you took the room over, so it wasn't entirely your fault.

            Third, give him 2 weeks? I think that's reasonable.

            I think the key is just be reasonable, talk things through in a charm and logical manner, and work out solutions that are fair and win-win for you and the guy.

            Comment


            • #7
              Originally posted by Leftette View Post
              How does one party prove what was said if the other party disputes it?
              Well, that is what the OP is about to find out.
              The problems caused by not having a written flat agreement.
              This will be a lesson learnt.

              That doesn't alter that an offer is made, it is accepted, and money has changed hands.
              That is a contract with obligations on both sides.
              There will now be disagreements, which could and should have been avoided.

              Comment


              • #8
                So i assume its not against the law to ask for and not lodge the bond if there is no TT agreement?

                Comment


                • #9
                  Originally posted by speights boy View Post
                  Not so fast Leftie.
                  Verbal contracts are binding.
                  So?

                  Off to the disputes tribunal with you. The applicant has to prove the case.
                  www.3888444.co.nz
                  Facebook Page

                  Comment


                  • #10
                    Originally posted by Keys View Post
                    So?

                    Off to the disputes tribunal with you. The applicant has to prove the case.
                    So?
                    The point of my post was to dispute (pun intended) the info Leftie had posted, not to suggest a course of action.

                    Comment


                    • #11
                      Because there is no agreement and I would assume that there was no verbal agreement on how much notice is required. You should in theory be able to leave whenever you want.

                      Tell your flatmate (the one who you pay rent to) that you will be moving out, if he does try to dispute that you have not given notice ask him to provide evidence of you having to give notice. Otherwise, pay your rent on Thursday and the daily rate till the day you move out and ask for your bond to be returned.

                      In regards to the curtains, it should be put down to fair wear and tear. In regards to your bond I'm not too sure if you will get it back if your flatmate plays dumb and says you didn't pay one.

                      My best advice to you: Speak to your flatmate hopefully he will just let you go, as you say it's casual as. I can't forsee too many problems, however I would of maybe casually mentioned that I was going to be moving out if I was you.

                      Comment


                      • #12
                        Originally posted by td91 View Post
                        Because there is no agreement and I would assume that there was no verbal agreement on how much notice is required. You should in theory be able to leave whenever you want.

                        Tell your flatmate (the one who you pay rent to) that you will be moving out, if he does try to dispute that you have not given notice ask him to provide evidence of you having to give notice. Otherwise, pay your rent on Thursday and the daily rate till the day you move out and ask for your bond to be returned.

                        In regards to the curtains, it should be put down to fair wear and tear. In regards to your bond I'm not too sure if you will get it back if your flatmate plays dumb and says you didn't pay one.

                        My best advice to you: Speak to your flatmate hopefully he will just let you go, as you say it's casual as. I can't forsee too many problems, however I would of maybe casually mentioned that I was going to be moving out if I was you.
                        I have proof of the bond, I got him to email me a receipt at the time. I've printed it. There's no discussion anywhere of giving any notice, just saying that he receipts the bond.

                        Comment


                        • #13
                          There you go then.

                          There is no stipulation of how much notice should be given, so therefore you should be able go as soon as. Plus providing there is no damage or anything you should receive your bond back in full.

                          Comment


                          • #14
                            That's exactly what I was hoping for. If he refuses, would it be TT or disputes tribunal? Argh I have so much anxiety about the whole situation because I bet he'll be a dick.

                            Comment


                            • #15
                              It would be through disputes tribunal, as it's not a residential tenancy. However in all honesty I wouldn't see it standing up in the disputes tribunal as it would be your word against his, due to the fact there was no formal agreement drawn up so it would simply be a he said she said type of situation. However being that there is a receipt for bond, you could win as there were no real t&c's to the bond.

                              When do you plan to move out? have you told him you will be moving out? if you plan to move out this weekend, I would advise letting him know immediately, really just so he knows. I know I wouldn't be too impressed if my flatmate turned around and said they were moving out without a few days notice at the very least.

                              Comment

                              Working...
                              X