Originally posted by Nice
View Post
Announcement
Collapse
No announcement yet.
Rental property damage: Landlords liable - court rules
Collapse
X
-
Tenant Liability, Intervention Sought from Politicians
An interesting development in the continuining saga of tenants responsibilities and Court decisions.
Patience is a virtue.
Comment
-
May be some hope yet.My blog. From personal experience.
http://statehousinginnz.wordpress.com/
Comment
-
Well done. Looks like it is about the wording (along with evidence, of course) to present your case that will be vital. I will seventh the request for the tenancy tribunal number. Thankswww.PropertyMinder.co.nz
# Property Management
# Ad Hoc Tenancy Services / Rental Inspections / Terminations and Notices
Comment
-
Not sure how to cross-post to a specific entry on a thread, but I just posted this on the "Interesting TT decisions" thread:
--------------
There was a howl of protest when the original story broke concerning the following TT decision (#4015340)
While I accept that the tenant has intentionally breached the agreement by allowing a dogs onto the property the landlord has not established that the tenant intended to damage the carpet
The key paragraph (5) of this decision seems to be as follows, but it's definitely worth reading the whole thing:
It would have been known to the tenants that this damage was occurring on an ongoing basisbut they continued to allow it to happen. They made a decision to overlook the damage thatwas being done to serve the purpose of keeping their animals inside.
Comment
-
They wouldn't be financially ruined - their contents insurance will come with liability cover.My blog. From personal experience.
http://statehousinginnz.wordpress.com/
Comment
-
-
There's no excuse. I got contents insurance at 18, when I went flatting as a student. My few sticks of second-hand furniture were probably worth very little, but I managed to pay for the premium and for that on my car.My blog. From personal experience.
http://statehousinginnz.wordpress.com/
Comment
-
Originally posted by sidinz View PostThere's no excuse. I got contents insurance at 18, when I went flatting as a student. My few sticks of second-hand furniture were probably worth very little, but I managed to pay for the premium and for that on my car.
Accountability for ones actions is very rare these days
Comment
-
It's upbringing. The parental expectation was that I'd get insurance.My blog. From personal experience.
http://statehousinginnz.wordpress.com/
Comment
-
Originally posted by Nice View PostTenant had cats locked in room, breach of lease. Got eviction on overdue rent, bailiff called in all the usual drama.
Second case to TT to mop up the damages, I was somewhat apprehensive given the Foxton pet damages case that has had so much publicity. Not nearly as big and expensive as the Foxton case, damage restricted to only one room, but all the same principles involved.
Tenant was a no show; no surprise there. I started with the cleaning and rubbish removal costs being deliberate, and rather than being damages they were the result of the tenant not leaving the room in 'reasonably clean condition.' I continued by presenting the communication with the tenant regarding the cats as being a breach, and that this was a deliberate action when the tenant took no action.
Adjudicator agreed with me totally and gave me full costs, no mention of any insurance claim being necessary. The wording in the Order is . . . " . . . the tenant made decisions about the use of the room where her actions would clearly lead to damage to the carpet and curtains. This damage was wilful in the sense that The Tenant adopted a way of life that led to inevitable damage to the premises. I am satisfied that it is reasonable to view her actions as intentional and therefore find her liable for the damage."
So, despite the bad news in the media, do not lose hope. Properly presented case and some logic from the TT adjudicator, and I got the result I was looking for !!
About jolly time, every time I read cases getting thrown out that is morally wrong on every single count due to the Osaki / Holler case it just winds me up.
Have you signed the petition against the Osaki case that TPS are doing? If not PM me
FFraser Wilkinson
www.managemyrental.co.nz
Wellington / Lower Hutt / Upper Hutt / Porirua
Comment
-
Hi Essence
What do you think is going to eventually happen with this? The masses are all calling for the government to intervene to change legislation but you can never hold your breath on that......
FraserFraser Wilkinson
www.managemyrental.co.nz
Wellington / Lower Hutt / Upper Hutt / Porirua
Comment
Comment