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My friend is signed on as a guarantor on their adult daughters tenancy agreement. (definitely not signed on as a tenant). She pays every week to the landlord either a top up payment or the full rent (not sure) to help her daughter.
She has been there 4 months now, they never got any paperwork in terms of the Healthy Homes statements (pre 2008 build). The place has no heat pump or other fixed heating source, no smoke alarms, no lock on the window which is at ground level and can easily be opened from the outside, the place is going mouldy easily seen growing in the ceiling and walls daughter was starting to suffer with both physical problems from it and the depressing state of the living has re-activated some mental issues which is why mum was keen to get her out of there asap.
Friend has now found a much nicer place for the daughter to live, I told her to officially give them 28 days notice which she has done and also to let them know that physically she will be fully vacating the place after 2 weeks so they can advertise that as the available from date hoping they can fill the place sooner so she won’t have to pay the full 28 days. Also that she is more than happy for people to view the property while she is still there in order to make it easily available for new prospective tenants to view.
Turns outs she didn’t realise that she signed on for a 1 year fixed term and they have asked for a high break lease fee. I advised don’t worry about that due to lack of HHS compliance if you ended up in TT they would see in her favour. So now they are coming back with another offer of still paying from extra money but calling it something else.
My questions are can the guarantor lodge a file with the Tenancy Tribunal? And maybe have the daughter attending but at the ‘witness’? Without going into detail my friend is the more capable one to do this.
Friend said to me she really didn’t want to go to TT as that would effect the daughters ability to find a place in the future. I told her about how now you can get a name suppression order if she is the successful applicant. Another reason why it may be better for the mother applying to the TT anyway it wouldn’t be the daughters name on the tribunal order anyway so no risk of suppression order not being granted with daughters name on it. However even with a name suppression order when the daughter applies for future places and lists her previous recent addresses then the address can be searched anyway on the database– so it wouldn’t be too hard to put 2 and 2 together even with the name redacted? I’m no expert but I searched the tribunal orders and found one where the name was redacted but I could still search by the address – hence my above comment, or am I reading it wrong it was 7734928-Tribunal_Order_Redacted.pdf
What are the chances the TT will see in favour of my friend for paying only the 2 weeks she is physically there instead of the full 28 days if they do successfully fill it sooner given the lack of HHS? Or even if they don’t fill the property within the 28 days?
I have read how in some situations the landlord was required to pay back all of the rent to the tenant – while mostly I think this was a lack of a building code, what are the chances of success with this given my friends/daughters situation?
Thank you
She has been there 4 months now, they never got any paperwork in terms of the Healthy Homes statements (pre 2008 build). The place has no heat pump or other fixed heating source, no smoke alarms, no lock on the window which is at ground level and can easily be opened from the outside, the place is going mouldy easily seen growing in the ceiling and walls daughter was starting to suffer with both physical problems from it and the depressing state of the living has re-activated some mental issues which is why mum was keen to get her out of there asap.
Friend has now found a much nicer place for the daughter to live, I told her to officially give them 28 days notice which she has done and also to let them know that physically she will be fully vacating the place after 2 weeks so they can advertise that as the available from date hoping they can fill the place sooner so she won’t have to pay the full 28 days. Also that she is more than happy for people to view the property while she is still there in order to make it easily available for new prospective tenants to view.
Turns outs she didn’t realise that she signed on for a 1 year fixed term and they have asked for a high break lease fee. I advised don’t worry about that due to lack of HHS compliance if you ended up in TT they would see in her favour. So now they are coming back with another offer of still paying from extra money but calling it something else.
My questions are can the guarantor lodge a file with the Tenancy Tribunal? And maybe have the daughter attending but at the ‘witness’? Without going into detail my friend is the more capable one to do this.
Friend said to me she really didn’t want to go to TT as that would effect the daughters ability to find a place in the future. I told her about how now you can get a name suppression order if she is the successful applicant. Another reason why it may be better for the mother applying to the TT anyway it wouldn’t be the daughters name on the tribunal order anyway so no risk of suppression order not being granted with daughters name on it. However even with a name suppression order when the daughter applies for future places and lists her previous recent addresses then the address can be searched anyway on the database– so it wouldn’t be too hard to put 2 and 2 together even with the name redacted? I’m no expert but I searched the tribunal orders and found one where the name was redacted but I could still search by the address – hence my above comment, or am I reading it wrong it was 7734928-Tribunal_Order_Redacted.pdf
What are the chances the TT will see in favour of my friend for paying only the 2 weeks she is physically there instead of the full 28 days if they do successfully fill it sooner given the lack of HHS? Or even if they don’t fill the property within the 28 days?
I have read how in some situations the landlord was required to pay back all of the rent to the tenant – while mostly I think this was a lack of a building code, what are the chances of success with this given my friends/daughters situation?
Thank you
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