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  1. #1
    Join Date
    Jun 2005
    Location
    Nelson NZ
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    3,864

    Default Enforcing tribunal decisions under the new act.

    I have just been reading the latest (October) NZ Property investor magazine.
    In the article on collecting your rent there is reference to an amendment to the RTA and District court rules which states that from 1 April 2013 the tribunals will be able to authorise attachment orders.
    My eyes lit up when I read that and rushed off to look up the detail on the DBH web site.
    Sure enough there it was on their site it confirmed the fact. The new procedure was due to start up in April 2013.
    Being a high user of the tribunal and collections unit I wondered why I was not up to the new "way of doing it".
    I plugged that amendment into Goggle and there was the answer. The Department lamented the fact that the change was more complicated than originally thought. Boy of boy I do wonder at times about the staff you draft tenancy legislation and wonder if they ever come out of their warm offices and get their hands dirty like I do.
    So now they are saying they will introduce the new procedure in April 2014.

    So I put to you fellow landlords.
    How do you see the new procedure working.

  2. #2
    Join Date
    Nov 2006
    Location
    Cyberspace
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    5,802

    Default

    The new law is a joke. Enforcement may only be done by agreement. Have a look at your applications Glenn. How many absconding tenants have turned up to the TT hearing? Of those, how many would actually agree to the attachment order. Over the last year for me, the answer would be one.

  3. #3
    Join Date
    Jun 2005
    Location
    Nelson NZ
    Posts
    3,864

    Default

    Quote Originally Posted by Keys View Post
    The new law is a joke. Enforcement may only be done by agreement. Have a look at your applications Glenn. How many absconding tenants have turned up to the TT hearing? Of those, how many would actually agree to the attachment order. Over the last year for me, the answer would be one.
    Well Keys I can see you have been reading and got influenced by Scotney Williams. The magazine reports that is what he says. When the tribunal site is up and running again you should do a search of his tribunal cases. Like zero to less.
    No the act does not refer to having these enforcements done as a result of tribunal cases. It also mentions mediated orders. Obviously all mediated orders are done with the ok of the tenant. Clearly the answer is to enforce ALL orders by doing an attachment order not just the ones that result in an eviction. In fact that is what the documentation says that goes with the act amendments. It says that only the debt portion can be forced on the tenant and not the regular rent. Many years ago pre the days of rent by redirection being as common as it is today I tried to get a full redirection as a result of an enforcement. The court official would / could not do it so as soon as the OE and associated attachment order was done. So I issued an eviction notice to the tenant in front of the assistant registrar. My guess is the penny will drop once I do 20 or so of these attachments. As far as I can see the $108.80 is not going to be charged if the attachment order is included in the tribunal order. So who on earth would not take advantage of the "right" at that stage. Actually the $108.80 is being ramped up as a result of the District Court rules amendment so there will be an even greater reason to do it my way then. What a stupid situation having only the debt paid and not the regular rent. With the tenant then receiving less per week after the debt portion has been deducted they are even more likely to default and be evicted.


 

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