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TT awarded to Landlord , payment through WINZ

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  • TT awarded to Landlord , payment through WINZ

    I have been awarded damages and outstanding rental by TT and now the payment is paid by WINZ. My Property Manager has given to the Debts Collector to collect from WINZ and the Debts Collector charged a fee for it. They paid to my Property Manager and he charged a commission for it before banking into my account. Seems by the time I get my money there is nothing left. WINZ paid $20 a week for the next 7 years. My question is: -
    1. Can the tenant stop the payment? And if so, then we have to go to the TT again?
    2. Can I ask WINZ to pay direct to me?

    What unforeseen circumstances I should be aware of. Thinking of dropping the PM.
    Thank you.
    Lodestar

  • #2
    1) sometimes, no
    2) maybe, depends upon the wording of the TT order.

    www.3888444.co.nz
    Facebook Page

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    • #3
      Just like Tenant Services is pro-tenant, so is WINZ pro-beneficiary.

      Keep a close and well-monitored eye on the process.

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      • #4
        Hi Lodestar,

        1. Yes the tenant can stop the payment should they get off the benefit; the debt collection agency will have to re issue another attachment order with their new employer

        2. Given the debt collection agency have an agreement directly with WINZ I don't believe you would be able to by pass the debt collection
        Fraser Wilkinson
        www.managemyrental.co.nz
        Wellington / Lower Hutt / Upper Hutt / Porirua

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        • #5
          Originally posted by FJW View Post
          Hi Lodestar,

          1. Yes the tenant can stop the payment should they get off the benefit; the debt collection agency will have to re issue another attachment order with their new employer

          2. Given the debt collection agency have an agreement directly with WINZ I don't believe you would be able to by pass the debt collection
          In 20 odd years we've only ever had one bad tenant we've chased through the tribunal (lucky I guess). Didn't use a debt collector & their repayments were made through Winz who would periodically stop payments. In the end payment stopped and never restarted, I doubt the tenant ever got a job. Winz would cite the privacy act for refusing to give us any details as to why the payment was stopped.

          I put it down to experience and vet even more carefully now.


          Finally, So your tenant owed more than $7k? Yikes! What was your PM doing?

          Craig

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          • #6
            Can a TT issue a garnishee order to WINZ?

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            • #7
              Originally posted by Perry View Post
              Can a TT issue a garnishee order to WINZ?
              Yip, by agreement with the tenant.

              www.3888444.co.nz
              Facebook Page

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              • #8
                I notice you mention the debt collector charge you the fee. Why you?

                Debt collection should be charging the tenant the fee on top of the amount they owe.
                We had a tribunal Adjudicator try to tell us that if this was requested it would not be awarded
                (after they almost awarded a quote for debt collection until we explained this was a fixed price quote and then they said well I wouldn't award it then unless it was charged but now that I think of it I just wouldn't award it at all as it's your cost and you should use the court debt collection system instead).

                No thanks.
                We have debt collection clause built into the contract and tenants are agreeing to this prior to signing up and will use a debt collection not the court system.

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