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  1. #11

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    Quote Originally Posted by Edwood View Post
    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!
    You're making quite a few assumptions on me there on completely unrelated things. No I'm far from a teenager. I have an accountant which handles all taxes, I wouldn't risk tax evasion.

    I never said I don't lodge the bond, I'm merely speaking from a 'what if' situation. All my bonds are lodged properly, and probably always will be. It's probably also considered illegal for a tenant to not pay rent, and cause damage to property - they still do it though, don't they.

    But yes there are many things wrong with the law, especially for landlords. Just look at the thread about the property owner who has squatters/trespassers for over a year and can't even get them out, there's something really wrong with the law in that situation.

  2. #12
    Join Date
    Nov 2006
    Location
    Cyberspace
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    5,725

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    Quote Originally Posted by Razzzor View Post
    Just look at the thread about the property owner who has squatters/trespassers for over a year and can't even get them out, there's something really wrong with the law in that situation.
    Absolutely not. They just didn't use the appropriate law to sort things out.

  3. #13
    Join Date
    Aug 2013
    Posts
    1,509

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    Quote Originally Posted by jkc View Post
    With the trouble she has caused us im sure she will use this as an opportunity against us. Help
    And so she should. You should be ashamed to have the audacity to come here and complain about her dogs when you haven't lodged bond, despite it being common knowledge you are required to do so. For this reason I don't buy the whiney and pathetic "we're first time landlords" line. I'm sure the tenant has an excuse too. This is not an esoteric angle of legislation.

    While overseas I lost bond to someone who spent it and couldn't afford to pay it back when I moved. I have no sympathy for you or your tenant. Sounds like you deserve each other.

  4. #14

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    Wow someone woke up on the wrong side of bed.

  5. #15
    Join Date
    Sep 2004
    Location
    Hastings
    Posts
    14,741

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    Curious media item here.

    Is it usual to pay the 'fine' for bond non-lodgement to the tenant? Or is that item just sloppy reporting?
    The TTKK also awarded the couple $500 because Eblett had failed to lodge their bond within the 23 working day timeframe required by the Residential Tenancies Act.
    The other aspects of the claim were a bit hair-raising.
    With all the Draconian new laws for residential rental LLs, perhaps AirBnB would be better? To avoid any hassle in Hawke's Bay, consult Be My Hostess. Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

  6. #16
    Join Date
    Nov 2006
    Location
    Cyberspace
    Posts
    5,725

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    Quote Originally Posted by Perry View Post
    Is it usual to pay the 'fine' for bond non-lodgement to the tenant?
    It is usual to pay the fine to the other party to the contract, be it landlord or tenant.

    One of the things which the fine for having an uninsulated property is risky for. Tenant moves in, removes all insulation and then takes landlord to court. Ouch.

  7. #17

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    Quote Originally Posted by Keys View Post
    One of the things which the fine for having an uninsulated property is risky for. Tenant moves in, removes all insulation and then takes landlord to court. Ouch.
    Add a tick box or two to the tenancy inspection checklist.

    - Loft insulation in place and in good condition.
    - Underfloor insulation in place and in good condition.

    You can then prove to the court between which inspection dates the insulation disappeared.

  8. #18
    Join Date
    Sep 2004
    Location
    Hastings
    Posts
    14,741

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    Quote Originally Posted by Keys View Post
    It is usual to pay the fine to the other party to the contract, be it landlord or tenant.
    In cases of serious failures in the reasonable standard of a rental; something that significantly undermines the tenant's 'quiet enjoyment,' that might be reasonable.

    No such thing applies in he case of a bond non-lodgement.

    Quote Originally Posted by Keys View Post
    One of the things which the fine for having an uninsulated property is risky for. Tenant moves in, removes all insulation and then takes landlord to court. Ouch.
    Wonder how long before we have a test case?
    With all the Draconian new laws for residential rental LLs, perhaps AirBnB would be better? To avoid any hassle in Hawke's Bay, consult Be My Hostess. Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!


 

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