Tribunal orders are on line

[Green Fish]

Or even four weeks as bond, and have the rent paid in arrears?

[Keys]

Or even four weeks as bond, and have the rent paid in arrears?

4 weeks bond plus one in advance is even better.

And, it's becoming accepted more and more by tenants. (IMHO)

[Green Fish]

I had always thought that the total 'up front' payment by the tenant could not exceed four weeks rent. But having trolled through the RTA, I can't find anything against it. No doubt xris will correct me if I'm wrong, but I can't find any prohibition against asking for 4 weeks rent as bond, and the first two weeks rent up front.

[essence]

Bond & Rent on entering a tenancy

There is nothing against a LL asking for 4 weeks Bond and 2 weeks rent in advance.

A LL may also choose NOT to ask for Bond (why, is beyond me, but that is also an option). All BOLD is mine.

Finding a tenant who capable of paying what is essentially 6 weeks rent, can be a mission sometimes.

The minimum I ask for is four weeks Bond and one weeks rent in advance. Haven't had problems so far (touching wood!)

From the RTA.
18 Bonds to be no more than 4 weeks’ rent
(1) A landlord shall not require payment byway of bond of an
amount greater than 4 weeks’ rent lawfully payable under the
tenancy agreement.
(2) On the lawful increase of the rent, the landlord may require
payment by way of bond of a further sum not exceeding the
amount by which the rent payable for 4 weeks has been
increased.
(3) On the decrease of the rent, the amount by which the total sum
already paid by way of bond exceeds the rent payable for
4 weeks following the decrease shall, on application to the
chief executive by the person who paid the bond, be refunded
to the tenant.
(4) Requiring payment by way of bond of an amount greater than
that permitted by this section is hereby declared to be an
unlawful act.

23 Rent in advance
(1) A landlord shall not require the payment of any rent—
(a) more than 2 weeks in advance; or
(b) before the expiry of the period for which rent has been
paid already.

[Green Fish]

Now I'm learning something, essence. Can't believe I've been so ill-informed (by me).

[essence]

How's this for a TT

The Tribunal hereby orders:
1. Termination of the tenancy of Heather Brydon of 12 Tornish Drive Dannemora Manukau and possession granted to the applicant at 3.30pm on Friday 29 February 2008. (Sections 55(1)(a) and 64 Residential Tenancies Act 1986)
2. Bond Centre to pay the bond of $960.00 (5240264-004) to the applicant immediately. (Sections 22 and 127(4)(a) Residential Tenancies Act 1986)
3. That Heather Brydon is to pay

Rent arrears to 29/02/2008 12000.00
less bond 960.00
-------------
11040.00
-------------

How on earth does one allow the rent to become so far in arrears!!!

P.S. Took Glenn's advice and published names and address etc.

[Keys]

How on earth does one allow the rent to become so far in arrears!!!

I am aware of an owner who is taking the PM to small claims court for letting the rent get 40 weeks in arrears.

It seems the claim is that the $5 per week shoud go to the PM and the PM should pay the up front money to the owner.

I agree.

[Glenn]

I am not sure why you have not published the TT number, the landlord, and the tenants name on PT.
These are after all in the public arena.

I have a good client who had his uncle managing a property in another city.
He got to $20000 in arrears. The owner's statement was "due an element of oversight" it got to that amount.
He had quiet a job finding a PM who was prepared to manage the place after the uncle was replaced.
When he went to the tribunal he had to forget the last $8000 of debt because the tribunal will only handle up to $12000.

I might add however I have an application in the tribunal this week for a bit over $10000. I do not think I did anything remiss as a PM.
The tenant had a careless fire in the flat two weeks after the tenancy started.
I did a credit check and had previously rented a flat to her sister without any tenancy troubles.

[Green Fish]

I wouldnt drop the claim by $8000 just to get within the Tribunal's limits. There's always the District Court (which can be much friendlier).

[xris]

I am aware of an owner who is taking the PM to small claims court for letting the rent get 40 weeks in arrears.

It seems the claim is that the $5 per week shoud go to the PM and the PM should pay the up front money to the owner.

I agree.

Care to expand on the detail?

xris

[Keys]

Originally Posted by Keys
I am aware of an owner who is taking the PM to small claims court for letting the rent get 40 weeks in arrears.

It seems the claim is that the $5 per week shoud go to the PM and the PM should pay the up front money to the owner.

I agree.

Care to expand on the detail?

xris

I believe the date is the 7th of March.

I suspect I'll know something after that date.

When I know, I'll post it here with the owners permission. Otherwise, no. I'll not elabourate.

[ream]

I believe the date is the 7th of March.

I suspect I'll know something after that date.

May, or March 2009?

[Keys]

May, or March 2009?

May, May, May.

[xris]

Was it you keys? Have you been a naughty boy?

[Keys]

Was it you keys? Have you been a naughty boy?

GOD NO!

Heaven forbid.

I do endorse owners taking PM's to task though. Too many PM's are slack. (IMHO)