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  1. #21
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    Quote Originally Posted by Glen View Post
    Yes,...


    ...and yes!

    You're obviously going to follow with some constructive criticism now?
    Does section 5l of the RTA apply in your case?

    Why or why not?

  2. #22
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    Quote Originally Posted by SuperDad View Post
    Does section 5l of the RTA apply in your case?

    Why or why not?
    I don't really know Paul. That's the whole point of me raising it as disscussion on here.
    I would presume that given both myself and the tenant had agreed in the intial TA, that we are both mutually agreed upon one weeks notice to terminate by either party, then everyone is happy.
    I've never had a problem so far, and it seems the fairest solution to all.
    If it did go further, then surely section 52 could apply considering there is a signed agreement stating they're happy with the arrangements?

    52 Provision for shorter notice may be made with consent
    of Tribunal
    With the consent of the Tribunal, the parties to a tenancy
    agreement may provide for the termination of the tenancy by
    the giving of notice of a specified period (being less than that
    required by section 51), or on the happening of any event to be
    specified in the agreement, or where the landlord requires
    possession of the premises for any purpose to be specified in

    the agreement.

    You have a boarding house don't you? Why not share how you do it?

  3. #23
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    Quote Originally Posted by Glen View Post
    I don't really know Paul. That's the whole point of me raising it as disscussion on here.
    I would presume that given both myself and the tenant had agreed in the intial TA, that we are both mutually agreed upon one weeks notice to terminate by either party, then everyone is happy.
    I've never had a problem so far, and it seems the fairest solution to all.
    If it did go further, then surely section 52 could apply considering there is a signed agreement stating they're happy with the arrangements?

    52 Provision for shorter notice may be made with consent
    of Tribunal
    With the consent of the Tribunal, the parties to a tenancy
    agreement may provide for the termination of the tenancy by
    the giving of notice of a specified period (being less than that
    required by section 51), or on the happening of any event to be
    specified in the agreement, or where the landlord requires
    possession of the premises for any purpose to be specified in

    the agreement.

    You have a boarding house don't you? Why not share how you do it?
    And to think I actually wrote a reply to Pauls post saying

    "that's 5 "l" (or in uppercase "L") Glen.

    But no, I really expected you to know that so I didn't post.

    Look again sunshine.

  4. #24
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    Quote Originally Posted by Keys View Post
    And to think I actually wrote a reply to Pauls post saying

    "that's 5 "l" (or in uppercase "L") Glen.

    But no, I really expected you to know that so I didn't post.

    Look again sunshine.

    5 Act excluded in certain cases
    This Act shall not apply in the following cases:

    Part 1 s 5
    Residential Tenancies Act 1986 1 December 2003


    (k) where the premises constitute part of any hotel, motel,
    boardinghouse, or lodginghouse used for the provision

    of temporary or transient accommodation

  5. #25
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    Quote Originally Posted by Glen View Post
    5 Act excluded in certain cases
    This Act shall not apply in the following cases:

    Part 1 s 5
    Residential Tenancies Act 1986 1 December 2003


    (k) where the premises constitute part of any hotel, motel,
    boardinghouse, or lodginghouse used for the provision

    of temporary or transient accommodation
    Well then. There you go.

    Far be it for me to let you know if you're correct or otherwise.

    Just in case anyone's interested. Glen had an insulting post, directed at me, removed by the mods.

    No doubt they may remove my reference to it from this post.
    Last edited by essence; 31-01-2010 at 10:35 PM. Reason: Rule 1b

  6. #26
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    Now that we've got that sorted, anyone that actually knows what agreements (if any) are best suited to a RBR/boarding/rooming house type scenario, then would you care to enlighten us?

    1 - Agreements. Yes/No? What type?
    2 - Bond money. How much? Lodged or not? Does a weeks worth have to be lodged?
    3 - Notice to leave. 1 week by either party?

    Anyone know?

  7. #27
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    Quote Originally Posted by Glen View Post
    Now that we've got that sorted, anyone that actually knows what agreements (if any) are best suited to a RBR/boarding/rooming house type scenario, then would you care to enlighten us?

    1 - Agreements. Yes/No? What type?
    2 - Bond money. How much? Lodged or not? Does a weeks worth have to be lodged?
    3 - Notice to leave. 1 week by either party?

    Anyone know?
    Two Scenarios

    First Scenario: The RTA applies.

    Answers.

    1) Yes, any type you want as long as it contains the relevant parts.
    2) Optional, maximum 4 weeks, if collected it must be forwarded.
    3) 90, 42, 7 days (if periodic) by the LL 21, 2 days (if periodic) by the tenant.

    Second Scenario: The RTA doesn't apply.

    Answers.

    1) Optional.
    2) Whatever you want.
    3) Whatever you want.

    Suggestion: You decide if the RTA applies or not.

    Second suggestion: If you don't want it to apply. Stop using the DBH tenancy agreements.
    Last edited by Keys; 31-01-2010 at 09:33 PM.

  8. #28
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    Jan 2005
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    Quote Originally Posted by Keys View Post
    Two Scenarios

    First Scenario: The RTA applies.

    Answers.

    1) Yes, any type you want as long as it contains the relevant parts.
    2) Optional, maximum 4 weeks, if collected it must be forwarded.
    3) 90, 42, 7 days (if periodic) by the LL 21, 2 days (if periodic) by the tenant.

    Second Scenario: The RTA doesn't apply.

    Answers.

    1) Optional.
    2) Whatever you want.
    3) Whatever you want.

    Suggestion: You decide if the RTA applies or not.

    Second suggestion: If you don't want it to apply. Stop using the DBH tenancy agreements.
    Good points/guesses keys, but i'd still be keen to hear what others (who operate these) are actually doing.

  9. #29
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    Apr 2006
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    It the accomodation you provide temporary or transient (i.e., less than 28 days) glen?

    If not, does 5l apply?

  10. #30
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    Wellington
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    We own/run a 66 room "lodge" - that's what we call it anyway.

    1. We have a "licence to occupy" which confirms names, contact information, when the agreement starts, how much "security deposit" (not bond) is paid, and the rules of living there.

    2. We get 2 weeks rent as "security deposit", which is not lodged with DBH. I am sure tenants prefer this method too as they can get their refund back quicker when they do move out.

    3. We ask for 1 weeks notice if they are moving out. We rarely give notice for people to move out. Usually they will get behind in their rent and after some letters warnings give them an eviction notice and they will just disappear. The bad ones get evicted pretty much immediately, within 1-2 days.

    It's all very well talking about rules and regulations but if there is a crazy person running around with a knife you need to forget whatever rules there are and get them out of there immediately.



    Quote Originally Posted by Glen View Post
    Now that we've got that sorted, anyone that actually knows what agreements (if any) are best suited to a RBR/boarding/rooming house type scenario, then would you care to enlighten us?

    1 - Agreements. Yes/No? What type?
    2 - Bond money. How much? Lodged or not? Does a weeks worth have to be lodged?
    3 - Notice to leave. 1 week by either party?

    Anyone know?


 

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