tenancy tribunal hearings?
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Topic: tenancy tribunal hearings?
Posted By: peanut butter
Subject: tenancy tribunal hearings?
Date Posted: 03 September 2009 at 11:37am
| Has anyone been through this? We are about to with our landlord and I would love some advice on what to expect, handy tips etc. We have just been through mediation with no successful outcome so now its off to a hearing. I want to make sure I prepare well! |
Replies:
Posted By: tishy
Date Posted: 03 September 2009 at 12:56pm
We went through tenancy tribunal. I wasn't at the actual hearing as I was 28weeks pregnant and DH was trying to keep my stress levels down 
He printed off 3 copies of all email communications and pictures taken of dampness/mould to distribute. We also had paid for a building report to be done which was given as evidence as well. The more prepared you are the better. In our case DH spoke first, then the Property Manager and then you get a change to bring up points that the other party has mentioned. Also you can have a witness who is not allowed into the room until they are called. And other than give their statement they are not allowed to participate. In our case the Property Manager and owner were completely unprepared (barely even read the summons) and by DH being so articulate in the documentation he provided our case benefited greatly. |
Posted By: lilfatty
Date Posted: 03 September 2009 at 12:58pm
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I went once, it was basically a "judge" (im not sure if they are real ones), the landlord and me. (There may have been other people but I dont recall, it was a long time ago)
Took about 10 mins, the judge asked why the landlord wanted money, did he have receipts etc. He then asked me for my version .. and gave me all my money back as ll didnt have any proof that he had done any cleaning post us leaving and I had proof of how the property was left  ------------- Mummy to Issy (3) and Elias (18 months) I did it .. 41 kgs gone! From flab to fab in under a year  http://www.femininefitness.co.nz/category/blog - LFs weight blog
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Posted By: Peanut
Date Posted: 03 September 2009 at 1:04pm
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NZPiper, some tenacy disputes are now doen via phone conference to depending on what it is so worth checking that out incase you need to get stuff away quickly. -------------  
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Posted By: BuzzyBee
Date Posted: 03 September 2009 at 1:05pm
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Tishy we are having major problems with dampness/mould (espesh in the winter) and even now going into spring it isn't getting any better! So much so that Lucas can't sleep in his room because its all up on the walls and it causes him to get bad asthma. Agent didn't want to know about it and the landlord is refusing to clean curtains (which are BLACK with mould on the underside) despite us noticing them like this just after we'd moved in. Would love to know what steps we need to take to get our fixed term contract terminated, its total utter bullcrap.
Nikki best of luck with your hearing, if you don't mind me asking what is it in regards to(whats the issue etc)? I will be watching this thread very closely as we have our 3 month inspection coming up sometime next week and I plan to drop the bomb on agent again. Last time I mentioned the issues I never heard back (she'd been outhere to look/take photos too). Slack. |
Posted By: clover
Date Posted: 03 September 2009 at 2:39pm
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Buzzy, you need to make an application to the tennancy tribunal to have your tennancy terminated or the term shortened (to now). Keep taking photos of the mould, copies of any emails or letters you've sent the property manager as well as phonecalls.
If the mould is as bad as you say, they have been informed and have made no attempt to fix it I think you would be successful at the tribunal. ------------- http://lilypie.com"> 
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Posted By: peanut butter
Date Posted: 03 September 2009 at 4:00pm
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Buzzybee, have you looked on the tenancy tribunal website? They have lots of info there. We are also landlords and had a case go against us. We had some old kitchen cupboards in the garage that we had used as workbenches/ storage. A new tenant moved in and didnt want them there (it really was a property management stuff up). He issued us with a notice giving us 10 working days to remove them or it would go to a hearing. We didnt, it went to hearing and was found against us. Like I said... a property management F*ck up! I didnt go to the hearing as I was 40 weeks pregnant and 5hours drive away. I got the impression that the tenant often has the upper hand and I think in your case you have a really good case. Good luck!
Thanks for all your responses. I havent wanted to put too much detail online as who knows who might know LL etc. |
Posted By: MamaT
Date Posted: 03 September 2009 at 4:28pm
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I work in this industry and yes, the tenancy law etc is very much in the tenants favour.
NZPiper - just make sure you have all and any documentation possible. Judges at these hearings (they are realy judges Good Luck -------------  
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Posted By: catisla
Date Posted: 03 September 2009 at 5:47pm
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i have been to about 5 billion tenancy tribunal hearings in my old role as a Tenancy Manager for the city council housing department (a bit like Housing NZ) and have experience of a variety of scenarios . . .
If you want any advice and think i can help, feel free to PM me Other than that, you can always check out department of building and housing website www.dbh.govt.nz------------- |
Posted By: peanut butter
Date Posted: 03 September 2009 at 10:41pm
Thats my problem  LL has photos that paint an exagerated picture. I have nothing!
Still, pretty sure I have a good case
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Hope2Be wrote:Posted By: Red
Date Posted: 04 September 2009 at 9:58am
| Good luck nzpiper - I was suprised at how much more formal a hearing was. |
Posted By: tishy
Date Posted: 04 September 2009 at 2:26pm
Ditto to all of this. We gave notice, they wanted us to find replacement tenants which ethically we weren't prepared to do so we followed the guidelines on the tribunal website. We ended up sleeping in the sitting room due to the mould in the bedroom and when at the tribunal we were awarded compensation which equated to a $50 reduction in rent for each week we lived there. |
Posted By: BuzzyBee
Date Posted: 04 September 2009 at 9:49pm
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Tishy were you in a fixed term contract? We are 3 months into a 12 month contract and Lucas is sleeping in my room (even his king single bed I pulled out of that room) as 'his' room has mould coming up all over the walls, in the wardrobe, even on his bookcase after we'd only been here for a few weeks! All over the curtains and window sills. I constantly have to wipe every surface down. the bathroom and every other room is much the same except his room is so damp its like 10 degrees colder than the rest of the house and smells disgusting. Had the agents out twice in the first month and they kept brushing me off and basically told me more or less to suck it up, clean all surfaces and drapes. I got someone in to spray the mould (even paid for it coz we were so sick by that stage and i was totally pulling at straws) and guess what, it didn't make any difference. I haven't even attempted to clean the drapes, totally don't think its my job and when i attempted the nets one was so mouldy it disintergrated. I'm not replacing it either, they told me to clean them.
Any pointers you have for us, would be greatly appreciated. Nikki best of luck and let us know how you get on, what a hearing is like etc. |
Posted By: tishy
Date Posted: 04 September 2009 at 10:21pm
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We were in a contract until Feb , we signed the lease in July. We gave the standard 3 weeks notice for the 14th Dec.
I can't remember any other exact dates but I know the 10 days notice ended the week before we moved and not everything had been done. (We had 3 cases of unlawful access as well) Like I've said before, our mould / dampness wasn't a patch on what you're experiencing. I think you should put the health of you and your DS first as personally I think your Property Manager is taking advantage of your situation. Even if you're not sure you'll go down the tribunal route treat things as if you are. Document all communication and take photos. |