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  1. #1

    Default Help. We didnt lodge the lodge the bond

    Hi. Please help. We are first time landlords and overlooked lodging the bond with the tenancy tribunal. Yes i know, serious issue. We are 8 months into the tenancy and need to forward this to the TT but the fine is more than the bond amount. The tenant has 2 dogs that were locked inside so they have deficated on the carpet daily. It is ruined and needs replacement. If we lodge the bond and get fined for the delay then we effectively has no bond to pay for the carpet repairs. I need some advice as to what to do. Lodge the bond, receive a fine then lodge a claim for damages? The tenant has not signed the bond lodgement form so we will need to tell her we didnt lodge it. With the trouble she has caused us im sure she will use this as an opportunity against us. Help

  2. #2
    Join Date
    Nov 2006
    Location
    Cyberspace
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    5,719

    Default

    Lodge the bond now. Put all of the tenant details in. Send it away without her signature. Terminate the tenancy as soon as you can.

  3. #3

    Default

    I also did not lodge a bond. i got legal advice to lodge it despite a forthcoming tribunal hearing. I got screwed by the biased judge over all the other claim issues - but surprisingly was only fined $100 for not lodging bond. I didn't mind this fine as it was fair - I had not lodged bond so i paid a small penalty.

    Good luck

    Vegemiteman

  4. #4

    Default

    Ok thankyou for your input. I will look to lodge the bond and be done with her

  5. #5
    Join Date
    Feb 2013
    Posts
    427

    Default

    Maybe use a property manager for a bit too. They're excellent for catching dogs on properties where they aren't permitted and they lodge your bond.

    Bad tenants rely on private landlords who don't have a clue.

  6. #6
    Join Date
    Mar 2014
    Location
    Auckland
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    75

    Default

    Quote Originally Posted by td91 View Post
    Maybe use a property manager for a bit too. They're excellent for catching dogs on properties where they aren't permitted and they lodge your bond.

    Bad tenants rely on private landlords who don't have a clue.
    very true comment and good idea here, a pm will handle the process effectively if you cant

    lodge the bond immediately, your holding money that isn't yours.
    Written by one of the team at http://www.chasepropertymanagement.co.nz/

  7. #7

    Talking

    Quote Originally Posted by teamchase View Post
    very true comment and good idea here, a pm will handle the process effectively if you cant

    lodge the bond immediately, your holding money that isn't yours.
    It's not the governments to hold onto either. I know someone who's had rental properties for 30 years and never lodged a bond, ever. When it comes to paying it back, they simply have to find it out of their own pocket.

    I don't really understand how I can be fined for it, it should be optional. In fact I didn't even realise you can be fined for it. How about instead of calling it bond, I just call it some other fee, maybe 4 weeks advance payment which is reimbursed post tenancy, on top of the already 2 weeks in advance. To the tenant, it's pretty much bond. If DBH come knocking I just tell them there was no bond, it was advance rent, so eff off.

    How much interest does DBH collect with holding all these bonds... they certainly don't pay it back to the true owner, which should probably be the tenant.

    Well, that's my morning rant

  8. #8
    Join Date
    Jun 2004
    Location
    Kapiti
    Posts
    620

    Default

    On occasion I've lodged a bond late. You don't get fined automatically, you just get a reminder of your bond obligations in writing. Lodge it immediately, it won't be a problem unless the tenant chooses to complain through tenancy services.

  9. #9

    Default

    Quote Originally Posted by Razzzor View Post
    It's not the governments to hold onto either. I know someone who's had rental properties for 30 years and never lodged a bond, ever. When it comes to paying it back, they simply have to find it out of their own pocket.

    I don't really understand how I can be fined for it, it should be optional. In fact I didn't even realise you can be fined for it. How about instead of calling it bond, I just call it some other fee, maybe 4 weeks advance payment which is reimbursed post tenancy, on top of the already 2 weeks in advance. To the tenant, it's pretty much bond. If DBH come knocking I just tell them there was no bond, it was advance rent, so eff off.

    How much interest does DBH collect with holding all these bonds... they certainly don't pay it back to the true owner, which should probably be the tenant.

    Well, that's my morning rant
    I wonder if you're a teenager... Your rationale is 'i dont like the law, so i dont obey it'. You legally have to lodge a bond with tenancy services. You legally can not charge 4 weeks rent in advance. (2 weeks max). I wonder if you evade tax using the same logic.

    jkc - just lodge the bond today. I have, on several occassions, neglected to lodge the bond for many many months. When i've eventually got around to it, i just submit the bond lodgement (and payment), and the world continues to revolve. No fines.

    It sounds to me like you should also engage a property manager immediately. Give them the management of the property and they can deal with all the hard stuff of booting out your tenant, dealing with the tribunal, etc... they'l earn their money many times over. Just dont be a <expletive> and take it back off them as soon as they've found you a decent tenant.

    Good property management is largely about following robust, reliable processes... something a decent management company will have down pat.

    If you dont want to engage a PM, just call tenancy services and talk with them about your issues. (I wouldn't volunteer your tardy bond info).

    edit: If at all possible, you should get the tenant to sign the bond lodgement. Bond refunds become a lot more complicated in when signatures dont match.

    Good luck!
    Last edited by Edwood; 13-05-2014 at 11:40 AM. Reason: Note about no signature

  10. #10
    Join Date
    Mar 2014
    Location
    Auckland
    Posts
    75

    Default

    Quote Originally Posted by Razzzor View Post
    It's not the governments to hold onto either. I know someone who's had rental properties for 30 years and never lodged a bond, ever. When it comes to paying it back, they simply have to find it out of their own pocket.

    I don't really understand how I can be fined for it, it should be optional. In fact I didn't even realise you can be fined for it. How about instead of calling it bond, I just call it some other fee, maybe 4 weeks advance payment which is reimbursed post tenancy, on top of the already 2 weeks in advance. To the tenant, it's pretty much bond. If DBH come knocking I just tell them there was no bond, it was advance rent, so eff off.

    How much interest does DBH collect with holding all these bonds... they certainly don't pay it back to the true owner, which should probably be the tenant.

    Well, that's my morning rant
    the whole point in bond lodgment is there is a neutral third party holding the money, a landlord is not a neutral third party.
    "Department of Building and Housing (DBH) client services manager Jeff Montgomery says, “Bond money does not belong to the landlord and cannot be held in a private bank account. It is the tenant’s money held in trust by the government until the end of the tenancy or a circumstance that enables the landlord to claim the bond”

    with regards to the interest made, i would agree if we paid for a bond to be lodged but we don't (well technically we pay $5 for a cheque, but thats neither here nor there).

    Id suggest brushing up on your legal rights and obligations at the DBH website, its free, and may save you a headache later.
    Written by one of the team at http://www.chasepropertymanagement.co.nz/


 

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