for how long after tenant vacates can i chase him?

[manic_mansions]

I've recently come across a wide expanse of free time and am planning to use it on campaigns against tenants who left places earlier in the year owing rent. One left in June, one July and one May. Can I make TT applications for this long ago?

[karla]

Hello,

Only if you had another service address say their work address on the application form or tenancy agreement that is still valid. The tenancy tribunal will not let you make an application after 60 days after the tenant vacated because NZ post re-directions are that long, and they say that it is likely the tenants will not receive a notice of hearing, therefore cannot have the chance to 'defend themselves'.

[drelly]

Which is another reason a "next of kin" address is a good idea on an application form.

cheers,
Dave

[xris]

manic,

If there is a set time limit prescribed in the District Courts Act, or other legislation, this is also likely to be a guideline only, allowing the Tribunal/Court to hear each case on its own merits.

However, in my experience, my opinion and my interpretation of common sense, the tribunal is likely to refuse to consider a claim relating to a tenancy several months ended, for the simple reason that a line must somewhere be drawn. Excuses for drawing this line could be many, one of which is written above.

I recall a situation a few years ago where I and the tenant agreed to have a bond split. We signed and I posted the form off. The next morning I was in the empty house, went to open a door, and it fell off the top hinge. On a much closer inspection, I found that nails and screws had been removed from all sorts of places around the house. Windows, doors, handles, all in a dangerous state where they could at any time fall off. They had all been effectively damaged to a point where repairs was needed. (I believet the tenant's teenage boy had a screw fettish.) I quickly phoned/faxed the Bond Centre requesting that they hold the Bond until the Tribunal had considered my rapidly written application. This they did.

The adjudicator said that she had a rule that once the bond had been signed off that was the end of the matter, and dismissed my claim. This was merely her way of dealing with such matters. Another adjudicator may have had another reason for dismissing my claim, and another adjudicator again may even have agreed with me, that it was unreasonable to expect a landlord, on final inspection, to inspect every nail and screw in a building, and that the Tribunal should take that into account when coming to its decision. But, the Adjudicator thought otherwise.

[drelly]

Hey Xris,

You seem to have a lot of knowledge to share on here. What's your background?

cheers,
Dave.