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  1. #11
    Join Date
    Sep 2008
    Location
    Tauranga
    Posts
    1,518

    Default

    Not my house and not my tenant.
    agent didn't show for inspection time. House clean & tidy so will have to give 21 days notice although now the older tenant is leaving, according to the gossip fron the house. Patience may be a virtue here as he wants his bond.

    Stay tuned.

  2. #12
    Join Date
    Dec 2004
    Posts
    250

    Default

    Your mother wants to move in to that house does'nt she ?
    6 weeks notice.
    Move on.

  3. #13
    Join Date
    Nov 2006
    Location
    Cyberspace
    Posts
    5,806

    Default

    NEVER use that unless it is genuine.

  4. #14
    Join Date
    Dec 2004
    Posts
    250

    Default

    which goes without saying

  5. #15
    Join Date
    Sep 2008
    Location
    Tauranga
    Posts
    1,518

    Default

    So an update.
    Some discussions to and fro between the two tenants. Male won't do anything unless females pays him money.

    Agent did inspection a week late.
    Yesterday sent a text to agent giving 21 days notice. Agent declined to accept text and wanted written notice.
    So we sent an email pointing out at the same time that the tenancy Tribunal had already ruled that texting is acceptable form provided intent is clear as was email. She was also asked about the inspection results which she was happy with apart from a carpet vlean in one bedroom. She didn't know if that was the room female originally occupied or not.
    Well got a prompt reply saying that she really wasn't not accepting the text but it was after hours and she didn't really want to deal with it. (excuse me> what happened to the next day?uuuur).

    Agent also sent a copy of a bond transfer form and stated again that the bond had to remain with the house and that the form needed to be signed by both tenants. (bond is $600.00 each.)
    Male tenant still refuses to sign this as of this afternoon.

    so rang tenancy for their views.
    Basically the first person thought it was a tenant versus tenant issue even though they were told the 21 day notice had been given. So we wnet off to the Bond centre person who was much more enlightened.
    First we found the bond was in one lump sum despite the females bond being paid separately at a date a year later than the original tenant. This bond was paid by Winz so to my mind should have been lodged as a separate bond lodgement. (someone may correct me if I am wrong there).

    We had a chat and the Tenancy guy went away for a consultation and came back suggesting that as the 21 day notice had been given the tenancy contract ended as such on day 21 (which is pretty much what I told the agent.) suggested that if the tenant just wanted out then only her signature was required to hand the bond to the agent.

    I can understand the agent wanting to hang onto bond money and that's fine until the end of the 21 days.
    Problem here is that female has had no residence in the house for3 weeks at least now and another 3 to go.
    The male who was responsible for the rent has got behind and may continue to do so.
    At the end of 21 days its my view that the tenancy ends and therefore their should be a washup of the tenancy at that point with the agent having to sign a new agreement from that date. If the he tenant becomes stupid and stroopy and remains then in my view that would be the agents problem. Of course they may not see it that way and will be stupid about it all.

    The big problem here is that there seems to be no easy way out of this and I would welcome your thoughts.
    Not only for the person I'm helping here but because its an intiguing situation that's creating a battle of wits and knowledge . and I like to win.

    First question that I want to sure of is:
    1.Is the female within her rights to end the tenancy. This seems to be covered in section 50 e.
    2. Is it necessary for both parties to sign the transfer form. Section 23A - 1 seems to cover this.
    3. When does the liability cease. well that seems to be covered in section44(6) but is defintiely at the discression of the landlord.

    Any other suggestions welcome.
    Last edited by Viking; 02-02-2012 at 08:42 PM.

  6. #16
    Join Date
    Sep 2008
    Posts
    7,618

    Default

    ouch! what a mess
    have you defeated them?
    your demons

  7. #17
    Join Date
    Jan 2004
    Location
    Wellington, New Zealand, New Zealand
    Posts
    456

    Default

    In defence of your agent- I would never accept a text as notice to terminate a tenancy either. SMS via mobile phones generally cannot be saved, printed and/or authenticated as being from a known sender for record keeping and posterity. i.e. – lost phone – lost Sim- phone upgrade – message lost and therefore no record kept. (Proper business practice and RTA requires good record keeping by LL’s) Besides being unreliable and not as per section RTA 51 (3) I also think it’s lazy and disrespectful to send such a formal notice in this way. I’m perhaps a bit pedantic but I still ask that written notice sent by e-mail is also signed by tenants’ to authenticate that it was sent by them- especially in the circumstances you describe where there is conflict between tenant parties. I have never had a tenant object or not comply if i ask them to resend thier e-maill with thier signature at the bottom

    I don’t understand “inspection 1 week late”? Routine inspections can be done at any time during a tenancy, but not within a month of the last one. A final inspection for bond refund wouldn’t be done before the property is vacated. Considering notice has- supposedly- just been given by the tenant (only one party need give notice) that would now be some 21 days away. Bond would be held until tenancy end date.


    Liability? All tenants are jointly and severally liable for all aspects of the tenancy (rent & condition of premises) until the tenancy termination date. Or it could be considered beyond that for tenant liabilty such as rent arrears and /or damages outstanding at the end of the tenancy as ordered by the Tribunal (A LL can apply for the debt to be enforced through the courts against either party- jointly or severally)

    The Bond processing centre will be looking for both parties to sign the bond refund form as per the original bond lodgement, or will affect the refund as per Tribunal orders. Assuming a full refund to the tenants, once the landlord has signed the refund form they should not have to concern themselves with the refund allocation between tenants. If only one tenant party signs the form, the bond processing centre will attempt to make contact with the other party for their instructions.

  8. #18
    Join Date
    Sep 2008
    Location
    Tauranga
    Posts
    1,518

    Default

    Perhaps you should start at the beginning and rtead from my first post.

    Tenancy has ruled that Texts are valid.
    Bond centre gave the advice posted.

    The agent agreed at a meeting 2 weeks ago to do an inspection so that we knew where we stood with the property in terms of its condition at that point. She duly gave notice as required but failed by about a week to get there. Slack performance and also outside of the RTA. She has now done the inspection and has indicated to us in an email that she is happy apart from one bedroom needing a carpet clean.

    I missed saying that the rent is now 15 days in arrears and has been for 2 weeks to my knowledge and I asked the agent what had been done, had a 14 day notice been sent. No answer. So the answer is clealy no.. Had it been sent then we could get a mediation or a hearing. Bloody slack by the agent actually.

    The Agent cannot transfer the bond until the tenancy is ended so we await the end of the 21 days. As far as I can see in the RTA there is no provision for a bond transfer in any other way.


    How do you resolve an issue like this when one of two is pushed out and the other refuses to cooperate in anyway.
    At what point should the agreived party stop being liable?

    If you can answer that with a viable solution then I'm interested.

    Been a LL long enough to know a few of the answers but this one has been a challange to solve. Fortunately its not my house nor my LL/agent but a person who needs some assistance.

    The problem with this is that despite the person who I am assisting doing nothing wrong she will be the loser. The male refuses to recognise her rights and there is nothing that she can do except give the 21 days notice at which time she will inevitably lose some or all of her bond and possibly be held responsible for a share or all of any other liabilty that may be created in the meantime.

    Now I know us landlords are heartless bastards but fairness has always played a part in my dealings on stuff like this. I reckon that's what we should expect.
    Last edited by Viking; 03-02-2012 at 09:06 PM.

  9. #19
    Join Date
    Sep 2008
    Location
    Tauranga
    Posts
    1,518

    Default

    About texts. They can be saved and printed out. you just have to have the appropriate systems.
    I am about to add text messaging to our computer system at work for just this reason.

  10. #20
    Join Date
    Sep 2008
    Posts
    7,618

    Default

    the problem sounds closest to a relationship breakdown

    where both have ownership of a house and responsibility for mortgage payments

    but due to the breakdown 1 of them stops paying their share of the payments

    as far as i know there isn't a cost effective way out of that mess

    which is why partnerships of any kind involving money or property are so thorny when they go bad
    have you defeated them?
    your demons


 

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