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  1. #1
    Join Date
    Apr 2006
    Location
    Wellington
    Posts
    385

    Exclamation Record time waiting for Bond Transfer to arrive

    Dealing with a property where the bond has still not been transfered to our name. Turns out there is no bond on the property!

    Tenants paid bond to landlord when living at another house. When they moved into the current house I am looking after the bond wasnt transfered.

    Teeth are being pulled trying to get this sorted.


    Whats the longest a bond transfer has taken to arrive for anyone? Bearing in mind legislation requre it done super fast.

    All the best,

    Niall

  2. #2
    Join Date
    Aug 2009
    Location
    Manawatu - Palmerston North
    Posts
    208

    Default

    Have you tried calling the bond service? Sometimes they do go missing. They will be able to check the records to see if the transfer is complete.

    Regards
    Aaron

  3. #3
    Join Date
    Nov 2006
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    Default

    Quote Originally Posted by Niall View Post
    Bearing in mind legislation requre it done super fast.
    Which bit of legislation?

  4. #4
    Join Date
    Apr 2006
    Location
    Wellington
    Posts
    385

    Post

    Quote Originally Posted by Keys View Post
    Which bit of legislation?
    Section 21a

    Notification of changes of address to chief executive


    • (1) Where a bond is being held in the Residential Tenancies Trust Account in respect of a tenancy agreement and the landlord or tenant changes his or her name or contact address or address for service, the landlord or the tenant, as the case may be, shall, within 10 working days thereafter, cause notice of the new particulars to be sent to the chief executive.

      (2) Where a bond is being held in the Residential Tenancies Trust Account in respect of a tenancy agreement and the landlord's or the tenant's interest under the tenancy agreement passes to some other person, that other person shall, within 10 working days thereafter, cause notice of the new particulars to be sent to the chief executive.


    All the best,

    Niall

  5. #5
    Join Date
    Nov 2008
    Location
    Karratha WA
    Posts
    1,444

    Default

    Quote Originally Posted by Niall View Post
    Turns out there is no bond on the property!
    Did the landlord not lodge the bond?

  6. #6
    Join Date
    Nov 2006
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    Default

    I don't believe Section 21a applies.

    You're looking for bond from a previous tenancy
    Quote Originally Posted by Niall
    Tenants paid bond to landlord when living at another house.
    being transferred to a new tenancy.

  7. #7
    Join Date
    Jan 2004
    Location
    Wellington, New Zealand, New Zealand
    Posts
    456

    Default

    No = section 21 is not relevant - that is a change of address - not a change of tenancy for re-allocation of a tenants bond held by the DBH.

    I NEVER accept Bond Transfers. No bond - no property and keys certainly wont be handed over without the security of bond. Issue a 10 day notice to the tenants for bond ASAP. The rest is up to them to recover

  8. #8
    Join Date
    Apr 2006
    Location
    Wellington
    Posts
    385

    Post

    History so far.

    Property manager places tenant into property and lodges bond with DBH.
    PM subsequently places tenant in another property, doesn’t update DBH, doesn’t update address for service, therefore breach of section 21a.


    Property Owner subsequently transfers all their properties to me. The bond is, despite being lodged and recorded against a previous property somewhere, still floating around in limbo.



    All the best,


    Niall

  9. #9
    Join Date
    Nov 2006
    Location
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    Quote Originally Posted by Niall View Post
    Property manager places tenant into property and lodges bond with DBH.
    PM subsequently places tenant in another property, doesn’t update DBH, doesn’t update address for service, therefore breach of section 21a.



    Niall
    Same tenancy agreement?

    If not, Section 21a doesn't apply.

  10. #10
    Join Date
    Apr 2006
    Location
    Wellington
    Posts
    385

    Post

    Quote Originally Posted by Keys View Post
    Same tenancy agreement?

    If not, Section 21a doesn't apply.

    Hmmmmm,

    I have dealt with the tenants direct to get the previous address and bond number so I at least know how much bond was lodged and what property it is recorded against.

    It really does seem this section wont ensure a landlord updates a bond record if the tenant switches properties under the same landlord.

    Inherited tenancies have a few sticky points at the start.

    All the best,

    Niall


 

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