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  1. #11
    Join Date
    Jan 2009
    Posts
    172

    Default

    The tribunal will consider the hardship placed on the landlord vs the hardship placed on the tenant and award the landlord since the landlord has suffered financial loss, stress and inconvenience while the tenant has benefitted financially while being inconvenienced.

    Or just use the 42 day rule, which I am about to do because I went to the doctor complaining of chest pain, his recommendation was to stop living in a substandard dwelling with high stress living next to the source of the stress.
    Last edited by crashy; 21-05-2019 at 07:34 PM.

  2. #12
    Join Date
    Oct 2015
    Location
    Rotorua
    Posts
    476

    Default

    man oh man... you're up to hard awakening when you get to the real tribunal

  3. #13
    Join Date
    Sep 2004
    Location
    Hastings
    Posts
    14,770

    Default It Keeps Getting Worse

    Privacy rules to protect renters are 'concerning', Real Estate Institute says
    22 May 2019
    Quote Originally Posted by Stuff
    The Privacy Commission's new guidelines on requests for information by LLs for determining tenant suitability are grouped into three categories: "always justified", "sometimes justified" and "almost never justified". Real Estate Institute chief executive Bindi Norwell, said it welcomed the new guidelines but had concerns around discrepancies between the guidelines and what landlords may ask for under the Residential Tenancies Act.

    For example the RTA requires a tenancy agreement to state whether a tenant was under 18 years old. However, if landlords couldn't ask a tenant's age (almost never justified) or were unable to ask for a driver's licence (almost never justified), then how would landlords ensure a tenant was over 18.
    Tut, tut, Bindi. Tenants always tell the truth, so LLs take the applicant's word for it.
    Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

  4. #14
    Join Date
    Oct 2015
    Location
    Rotorua
    Posts
    476

    Default

    I might be wrong as I'm not a lawyer but would law prevail over any guideline? And second thing would it be acceptable if applicant signs a waiver in order to apply for the house?

  5. #15
    Join Date
    Sep 2004
    Location
    Hastings
    Posts
    14,770

    Default

    There's this oddity in the media item:
    Commission spokesman Charles Mabbett said the guidance related to the tenant application stage of the process, not the vetting of the preferred tenant.
    There are some things a LL would want to know before short-listing an applicant.
    Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

  6. #16
    Join Date
    Jan 2009
    Posts
    172

    Default

    Wait a minute, we are not allowed to verify the identity of the person we are entering into a legal contract with?

  7. #17
    Join Date
    Nov 2006
    Location
    Cyberspace
    Posts
    5,737

    Default

    Quote Originally Posted by AlFa View Post
    I might be wrong as I'm not a lawyer but would law prevail over any guideline?
    Every single ****** TIME! I truly get annoyed when guidelines or web pages "based on" someone's interpretation of the law seems to take precedence.
    Last edited by Perry; 24-05-2019 at 02:39 PM. Reason: moderation

  8. #18
    Join Date
    Sep 2004
    Location
    Hastings
    Posts
    14,770

    Default

    Another beef. Though a bit off the mark in one or two cases, perhaps?
    Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

  9. #19
    Join Date
    Jun 2005
    Location
    Auckland
    Posts
    5,084

    Default

    Quote Originally Posted by Keys View Post
    Every single ****** TIME! I truly get annoyed when guidelines or web pages "based on" someone's interpretation of the law seems to take precedence.
    Trouble is when that 'someone' is a TT adjudicator.
    DFTBA

  10. #20
    Join Date
    Nov 2006
    Location
    Cyberspace
    Posts
    5,737

    Default

    Four times I have had to point to the law when an adjudicator was going to dismiss an item of my claim.
    1) rent increase during a FTT
    2) accepting rent after a tenancy ends thus giving the tenant a tenancy
    3) address for service is fine if it is outside the 2 months and given to a tenant's agent
    4) can't remember, but there was one.

    Unacceptable.

    Quote Originally Posted by cube View Post
    Trouble is when that 'someone' is a TT adjudicator.


 

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