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  1. #1
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    Default Trivial Claims at the Tenancy Tribunal

    I was just wondering what the most 'trivial' reason anyone has used for taking someone to the TT - landlord or tenant. (So have your say here all you tenants lurking in the background.)

    I ask this because I have, in the distant past, been treated harshly by adjudicators for bringing a claim to the TT that should have been sorted out privately or at mediation.

    At the moment I have an annoying little problem that has made me think about this topic.

    I have just upped the rent and bond for long standing tenants. The rent has changed well enough and that is not an issue, but the $60 or so bond increase has not been paid. The current bond is adequate - several hundred dollars - but that is not the point. What to do? Leave it or serve notice? Serving notice means being prepared to follow it through to the end.

    xris
    Last edited by Monid; 12-05-2008 at 09:58 AM.

  2. #2
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    Default

    Can a mod please change the spelling in my title - thanks

  3. #3
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    Default

    Done
    "There's one way to find out if a man is honest-ask him. If he says 'yes,' you know he is a crook." Groucho Marx

  4. #4
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    Default

    That was quick Muppet I was doing it at the same time but you beat me to it!

    Cheers
    David

  5. #5
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    Default

    Quote Originally Posted by xris View Post
    I was just wondering what the most 'trivial' reason anyone has used for taking someone to the TT - landlord or tenant. (So have your say here all you tenants lurking in the background.)

    I ask this because I have, in the distant past, been treated harshly by adjudicators for bringing a claim to the TT that should have been sorted out privately or at mediation.

    At the moment I have an annoying little problem that has made me think about this topic.

    I have just upped the rent and bond for long standing tenants. The rent has changed well enough and that is not an issue, but the $60 or so bond increase has not been paid. The current bond is adequate - several hundred dollars - but that is not the point. What to do? Leave it or serve notice? Serving notice means being prepared to follow it through to the end.

    xris
    How long do you really anticipate the tenants to stay?

    Are they on a FTT?

    If they are on FTT, then why not just wait until their existing agreement comes to an end, and then write any new conditions into your new agreement?

    They'll soon choose whether to accept and stay, or go!
    (you take the bond increase if they accept, and sign them up).

    (yet another point why FFT is better than periodic)

  6. #6
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    Nov 2005
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    Default

    Hello glen,

    Thank you for a reply - I had almost forgotten about this post.

    Actually, I am not sure which one I was writing about, but I have had four like this in the last few weeks, all about a bond increase and a small upward rent increase.

    A few days ago, after serviing a politice rectification notice on a tenant about the bond (rent increase went ahead alright) I received one of those WINZ letters saying the bond would be in my acct soon.

    Anothother notice was given about a very minor rent arrears of a few dollars, which I assume has annoyed them because their ability to pay is not in question, just a certain forgetfulness or laziness on their part. I have since received one of those mysteriously obvious letters about various alleged issues - they are one a FTT for some time to come yet. This is annoying because it is now taking up a lot of my time making certain I dot my i's and cross my t's. (Or should that be "...dot my is and..."?)

    The bottom line in all this is that I am still convinced that one has to do it by the book - to waver is asking for trouble.

    xris

  7. #7
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    Apr 2005
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    Default

    Whenever I increase the rent I make a point to never increase the amount of the bond; the tenants will be pleased because they think you are giving them a concession(which you are), and that you trust them (which you do). And it doesn't cost you anything.

    If they are long term tenants and pay the rent and pay the increased rental amount then there is very little point increasing the bond. It's bit of a hassle collecting the money, doing the paperwork, collecting the signatures and transferring the money too.

    Absolute worst case scenario would be that you'd end up an extra $60 out of pocket at the end of the tenancy.

  8. #8
    Join Date
    Jun 2005
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    Auckland
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    Default

    I was just wondering what the most 'trivial' reason anyone has used for taking someone to the TT - landlord or tenant.
    While not my initial intent I have in the past added extra legit items to a TT claim.
    I had a hearing for a major matter and whilst there took the opportunity to claim various other small things. Ended up making a sizable difference. Light bulb claim alone equated to about $100 ( heat lamps are not cheap) and that was only one of my claims.

  9. #9
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    North Shore, auckland
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    Default

    I agree with spurner, i wouldn't increase the bond amount IF i was just increasing the rent. How long your tenants have been there would obviously be a deciding factor and if long term then definatley not. Now if i had spent quite a bit of money renovating the property and had put a new kitchen in etc then yes i probably would increase the bond.
    $60 aint going to go very far towards any damage is it??

    Sharon

  10. #10
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    Nov 2005
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    Quote Originally Posted by spurner View Post
    Whenever I increase the rent I make a point to never increase the amount of the bond; the tenants will be pleased because they think you are giving them a concession(which you are), and that you trust them (which you do). And it doesn't cost you anything.

    If they are long term tenants and pay the rent and pay the increased rental amount then there is very little point increasing the bond. It's bit of a hassle collecting the money, doing the paperwork, collecting the signatures and transferring the money too.

    Absolute worst case scenario would be that you'd end up an extra $60 out of pocket at the end of the tenancy.

    I agree that many landlords take this approach, as I used to, but I am now convinced it is wrong.

    It says one thing and results in another.

    It says to the tenant that you are not professional.

    It means you are giving up your safety net. With only one lapse during a tenancy this may not be an issue, but with a long standing tenant who has had more than one rent increase you as landlord end up in a very tricky position if you have not increased the bond along with the rent. I have had about three since Christmas where I have had to ask for the equivilant of an extra weeks rent as bond, just ton bring them back to 'two weeks rent' which is what they originally were. I am sure there are many landlords around holding $50-$100 bonds because they failed to ask for an extra $30-40 bond with each rent increase.

    By the way, All those bonds have now been paid, including the one mentioned above. I had one winge about it, slapped a ten day notice on him, and then he shut up and paid it. The above example was perhaps an oversight, no verbal communication took place, just a polite letter by me and the bond was paid.

    xris


 

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