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  1. #1
    Join Date
    Nov 2008
    Posts
    1,046

    Default Room flooded but no compensation

    My daughters friend in Queenstown has had her room flooded from an accident outside the flat (by contractors)

    the carpet is soaked and contractors have come -lifted it, and put large blow dryers ,making the room uninhabitable.(which is what they told her)

    There will be no hot water for 3 days and the tenant is currently on the couch--So far the PM is saying no compensation.
    Life is difficult as she works very early and cant sleep enough.

    As far as I can see ,she is not being provided with the accommodation she is paying rent for.

    I suppose it should be noted that there is a major housing shortage down there which provides a stressful backdrop
    in terms of options.

    As far as I know the landlord is not in Queenstown. Ive told them to keep paying rent ,so its a matter of recouping the lost rent. There are no alternative places for accommodation(according to the PM) available.

    Suggestions on the best way to move forward would,Im sure be welcome.

  2. #2
    Join Date
    Sep 2011
    Location
    Dunedin
    Posts
    1,661

    Default

    plenty of motels in Qtown

  3. #3
    Join Date
    Sep 2004
    Location
    Hastings
    Posts
    14,757

    Default

    Would compensation not be required from the contractor[s], rather than the PI/PM?
    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!

  4. #4

    Default

    I'd say compensation is due from the contractors but it's the PM's responsibility to get it for the tenant.

    The tenant is paying for a product/service from the PM and she's not getting her money's worth. Therefore the PM is failing in their responsibility under the consumers guarantees act in my opinion.

    If the PM is not stepping up then the tenant should make more noise.

  5. #5
    Join Date
    Sep 2004
    Location
    Hastings
    Posts
    14,757

    Default

    Quote Originally Posted by Learning View Post
    Therefore the PM is failing in their responsibility under the consumers guarantees act in my opinion. If the PM is not stepping up then the tenant should make more noise.
    Not sure about the implication of the CGA. However, the RTA - certainly. The tenant should issue a 14 day notice, I suspect.
    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. #6
    Join Date
    Nov 2006
    Location
    Cyberspace
    Posts
    5,737

    Default

    Quote Originally Posted by Perry View Post
    The tenant should issue a 14 day notice, I suspect.
    I suspect the tenant wants to stay there Perry. Not leave.

  7. #7
    Join Date
    Sep 2004
    Location
    Hastings
    Posts
    14,757

    Default

    I understood that, but a 14 day notice to comply with the RTA is not notice of end of tenancy and if the PM issues one, retaliation would be the likely motivation.
    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!

  8. #8
    Join Date
    Feb 2010
    Posts
    305

    Default

    Quote Originally Posted by Perry View Post
    Not sure about the implication of the CGA. However, the RTA - certainly. The tenant should issue a 14 day notice, I suspect.
    Hi
    But then you could have the tenant sleeping on a couch for 13 days and on day 14 the PM say...all good we have dried out you room ...so it really doesn't sort out compensation for not having use of the room for X amount of days.
    Thanks
    Richard

  9. #9
    Join Date
    Sep 2004
    Location
    Hastings
    Posts
    14,757

    Default

    Read section 45 and 59 of the RTA.
    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!

  10. #10
    Join Date
    Nov 2006
    Location
    Cyberspace
    Posts
    5,737

    Default

    Quote Originally Posted by Perry View Post
    I understood that, but a 14 day notice to comply with the RTA is not notice of end of tenancy.
    I'm being pedantic here Perry.

    Please show the authority which a tenant has to give a 14 day notice to comply with the RTA in situations where termination is not considered.


 

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