Thanks. I didn't search for the decision. I was curious about the works vs building thing.
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Some interesting TT decisions.
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Originally posted by BigWal View PostSorry Keys - I've seen your footer before, and it's very clear and explicit. However - I never got round to asking - why don't you want to use email as an address for service?
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Originally posted by Keys View PostIf the sender's computer has the wrong date on it it will show up as being way down the list.
Article here explains it.
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Slightly off-topic....when I came back to NZ, I left the timestamp on my laptop as where I'd come from, so I knew what the time was for my friends for online chatting etc when I was online.
Bit me in the bum when I booked ferry tickets. Their system assumed that timestamps that differed from NZ's meant that the booking was coming from overseas, i.e. traveller not in the country yet. So I was only shown the expensive, refundable fares.
Not a happy bunny when I realised I'd paid waaaaaaaaay too much for my ticket because of it.My blog. From personal experience.
http://statehousinginnz.wordpress.com/
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Originally posted by BigWal View PostHah - I never knew that, and I work in IT!
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Compensation for stress, inconvenience, humiliation and loss of dignity. Yeah, nah.
The tenant also sought compensation for stress, inconvenience, humiliation and loss ofdignity. A sum of $5,000 was suggested by the tenant as reasonable compensation. TheCourt of Appeal has held that general damages for non-pecuniary loss, such as mentaldistress, cannot be recovered for breach of contract, except when mental satisfaction is anobject of the contract (Bloxham v Robinson (1996) 7 TCLR 11; [1996] 2 NZLR 664 (CA)). Aresidential tenancy agreement is a contract for accommodation and mental satisfaction is notan object of such contracts. Accordingly the Tribunal finds that the tenant is not entitled togeneral damages for stress, inconvenience, humiliation and loss of dignity.
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It's far too late, and I'm going to bed now, but every now and again you strike gold!
It is clear that the carpet and underlay throughout thehouse were extensively damaged by dog urine. A large portion of the damaged carpet was produced at the hearing and the staining was obvious
Oh to have been a fly on the wall!Last edited by BigWal; 08-03-2017, 12:33 AM. Reason: Copy and past from TT tribunal rulings don't always add spaces where they should.
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A landlord's hand may not be stayed indefinitely.
In short, just 'cos the TT has turned down a 90 day notice you've issued you can still at some time in the future issue another one to the tenant.
The decision stated:
In the short term at least it would defeat the point of the retaliatory notice provisions for thelandlord to be able to immediately issue a further notice. For this reason the landlord is ordered not toissue a further 90 day notice for at least 30 days
Personally, I wouldn't rely on 30 days being an absolute - it sounds a bit arbitrary (or at least subject to the adjudicators assessment of what's reasonable given the circumstances)
Regardless, the underlying reasoning seems fair.
Reason 7 here.
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Oof! Tenants can't be held liable for damage to shared facilities under the RTA.
I think I've summarised this correctly, but would welcome any opinions.
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Long decision, but in short, intentional or careless damage to facilities provided by the landlord for the non-exclusive use and enjoyment of the tenant in a shared tenancy property cannot be considered a breach of the tenant's responsibilities under the RTA.
Ruling 4070734
According to the RTA, facilities include
(a)
any land or buildings intended for use for storage space or for the parking of motor vehicles:
(b)
laundry facilities:
(c)
cooking facilities:
(d)
lifts and stairways:
(e)
rubbish storage and rubbish disposal facilities:
(f)
toilet and washing facilities:
(g)
appliances for heating or cooling premises:
(h)
communication facilities:
(i)
recreational areas:
(j)
lawns, gardens, and outhouses
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