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  1. #171

    Default Garages not required to be completely dry

    Reason 26 of decision here.

    Relevant quote is as follows:

    I agree with the landlord that there is no guarantee that a garage will be a dry space,such as the inside of the house should be. That is the nature of garages, where theyare not required to be insulated, they have large external doors for cars to enter, andcommonly cars are parked in the garage which will be wet.

  2. #172
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    Quote Originally Posted by BigWal_v2 View Post
    Reason 26 of decision here.

    Relevant quote is as follows:
    Reason 11 concerns me

    Relevant quote is as follows:

    In relation to the property inspections, I cannot see that the landlord has committed any breach. In relation to the first inspection request, I agree with the tenant that it would be reasonable to present a time frame for the inspection, such as within a two hour window. That is entirely reasonable, and while not a legal concept, would be simply polite. However again there is a remedy open to the tenant, which is to refuse consent to undertake the inspection.
    My emphasis. And, it is a shocking comment by the adjudicator stating that the tenant has a remedy.
    Last edited by Keys; 27-03-2019 at 08:51 PM.

  3. #173
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    Default Bad Look Case

    An Interesting TT Case

    A few quotes . . .

    Quote Originally Posted by Stuff
    Symantha Lowe rented a four-bedroom home on Cumberland Place in the Palmerston North suburb of Kelvin Grove off Dianna Coyle and her company Actrac Ltd.
    Quote Originally Posted by Stuff
    The next day Lowe received a termination letter stating Coyle would be moving back to the property, so Lowe had six weeks to move out.
    Quote Originally Posted by Stuff
    The notice was also defective as the landlord could only give a 90-day notice. "There is also very significant public interest in landlords terminating any tenancies based on proper application of the law."
    I wonder just what "proper application of the law" was, in that case?

    51 Termination by notice
    (1) Subject to sections 52, 53, 53A, 59, and 59A, the minimum period of notice required to be given by a landlord to terminate a tenancy shall be as follows:
    (a) where the owner of the premises requires the premises as the principal place of residence for the owner or any member of that owner’s family, 42 days:
    Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

  4. #174
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    Default

    ^^ who is the owner of the premises Perry?

    If Actrac Ltd. then the TT was correct.

  5. #175
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  6. #176
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    Default

    Quote Originally Posted by Keys View Post
    ^^ who is the owner of the premises Perry?

    If Actrac Ltd. then the TT was correct.
    Yes. But the reported item included: "off Dianna Coyle and her company Actrac Ltd."

    Were both listed on the TA as LLs?

    If so, what are the implications for s51(a)?

    There's also the possibility that Dianna and Actrac were owner-lessor/LL or vice versa.
    Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

  7. #177

    Default

    I have heard by word of mouth that the Ministry of Business, Innovation is getting tough with professional landlords.
    This ruling seems to confirm this trend.

    https://forms.justice.govt.nz/search/TT/abstract.html?id=149635553&applicationNumber=41604 41

  8. #178
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    OOOO. 28 days to lodge the bond now! Oh I say.

    Oooo again, since actually lodging the bonds it is so close to the time the bonds were supposed to be lodged then it is unwarranted to pursue the claim. Maybe that means they now accept up to (say) 5 days late!

  9. #179

    Default

    Quote Originally Posted by Lighthouse View Post
    I have heard by word of mouth that the Ministry of Business, Innovation is getting tough with professional landlords.
    This ruling seems to confirm this trend.

    https://forms.justice.govt.nz/search/TT/abstract.html?id=149635553&applicationNumber=41604 41
    when you say 'professional landlords' you mean Property Management companies?

    Who is deemed responsible to pay this fine is the the PM company or the individual property owner?

  10. #180
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    Quote Originally Posted by Don't believe the Hype View Post
    Who is deemed responsible to pay this fine is the the PM company or the individual property owner?
    Interesting, in this case. Who gets the money from the fine?


 

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