Landlords Spend Bond on Foot Spa

(actually that's a lie)

For 2 years I lived in a flat on Webb Street with 8 others. A year into it the property was sold and we got a new landlords. They immediately raised the rent given 3 weeks notice (rather than the 60 days required) and during the tenancy they went into flatmate's rooms* without asking and even withheld toilet paper as a negotiating tactic.
* Paul and Simons'

They tried to justify the 3 week rent rise by calling our flat a "boarding house" (untrue) and by saying we didn't have contracts (true).

Most people left over New Years, 2005/2006.

From: Matthew Cruickshank
Date: Thursday, 22 December 2005 2:29 p.m.
To: LANDLORD
Subject: Notice

Hi LANDLORD,

I'm also giving notice that I'm moving out xxx Webb St by the 4th of January.

It would be great to meet up with you sometime to sort out the bond.


.Matthew Cruickshank
http://holloway.co.nz/

From: LANDLORD
Sent: Thursday, 22 December 2005 3:56 p.m.
To: matthew@holloway.co.nz
Subject: RE: Notice

Hello Matthew

Please supply a forwarding address for the bond, would you like a reference?

Thanks
LANDLORD

LANDLORD wrote:

Please supply a forwarding address for the bond, would you like a reference?

Nah, no need for a reference 'cause I'm already in at a new place. Thanks for the offer though. I'll send you details on the bond tomorrow -- haven't got the address handy right now.

Ta,

.Matthew Cruickshank

Hi LANDLORD, could you send the bond to xxxxxxxxx Street. Thanks,

.Matthew Cruickshank

Everything seems fine... but for others who moved out in late 2005 the LANDLORD was already withholding bond and not responding to emails.

This was sent to my flatmate Gus.

From: LANDLORD
To: Gus
Subject: Bond
Date: Sat, 3 Dec 2005 11:44:10 +1300

Hello Gus

Thanks for your rental deposit.

Could you please provide a forwarding address for your bond cheque, or are you going to be in Wellington for a while after the 17th?

LANDLORD

A month and a half later there's no bond, and Gus follows up

From: Gus
Sent: Monday, 16 January 2006 2:15 p.m.
To: LANDLORD
Subject: RE: Bond

Hi,

Have you sent my bond cheque?

Cheers

From: LANDLORD

No we haven’t

We are going to review the refund after having to spend the weekend clearing up the common area of the flat.

I will let you know what has been decided, and a breakdown will be included.

LANDLORD

From: Gus

Can you please advise me of the costs before the clean up commences.

From: LANDLORD

It has been done – in the weekend

LANDLORD

From: Bronwyn Smith
Date: Jan 27, 2006 1:56 PM
Subject: OVERDUE BOND
To: LANDLORD

Hi LANDLORD,

It has almost been a week since I emailed you regarding the whereabouts of my overdue bond repayment, and have still not heard anything back from you.

I moved out of Webb St over 3 weeks ago, and still have not received my bond repayment.

As my payments were all up to date, I am puzzled as to why it would take so long to go through?

Please forward it to the PO Box number I sent you (xxx xxxx) ASAP

Cheers

Bronwyn

There was no response. They had all 3 of our bonds in their bank account, not lodged with the Tenancy Services Centre. Although they said they would provide receipts they didn't, and it seemed that no one would get their bonds back.

I didn't pay my final two weeks rent because of this and the LANDLORDS sent a Rent Arrears notice to me.

To: Matthew Cruickshank
From: LANDLORD

21 Day Rent Arrears - Section 56, Residential Tenancies Act 1986

27 January 2006

LANDLORDS NOTICE TO COLLECT OUTSTANDING RENT

As previous tenant of the premises at xxxxxxxxxxx Webb Street, Wellington

Under the provisions of the Residential Tenancies Act 1986 I give you notice your rental owing is 21 days overdue.

Please pay immediately the outstanding rental of $270.00 or we will apply to the Tenancy Tribunal for an order such as payment of money owed or compensation.

If you wish to discuss the above matters, please phone me on xxxxxxxxxx LANDLORD

Fair enough. I wasn't trying to evade rent or hide from them -- I'd given them my new address and my contact details. It's just that I wasn't about to pay rent** only to have them take my bond.

** $200 Bond + $55 rent raise reimbursement is near the figure of two weeks rent of $270. I'd be happy to pay them $15 and we'd call it even.

They said all bonds were withheld because they needed to spend so much money cleaning up the place.

I thought it was a great idea to spend money cleaning up the flat, just not with our bond. We were given the flat as a mess, we over the years we had made the flat cleaner. We didn't degrade the flat, and that's what bonds are for. They spent our bond on improvements.

They may as well have bought a foot spa with our bond.

Subject: Re:
Date: 01/Feb/06 13:06
To: LANDLORD

Hi LANDLORD, can you please pass this on to the other members of LANDLORDS Ltd.,

Gus, Bronwyn and I have filled with Tenancy Tribunal regarding bond and rent at xxx Webb Street. You'll soon receive a copy of our complaint, and - as I understand it - you'll be able to submit your side of the story in response.

As this is a legal matter we'd prefer to keep everything in writing, by post or email, and please do not visit or phone us.

Regards,
.Matthew Cruickshank

From: LANDLORD
Date: 01/Feb/06 13:22

Hello Matthew

You still owe two weeks rental. It is quite clearly stated in the rental agreement that rent is to be paid in advance. You are already in breach of your contract, I suggest you get that cleared up before going to the Tenancy Tribunal.

LANDLORD

Date: 02/Feb/06 13:53

LANDLORD wrote:
Hello Matthew

You still owe two weeks rental.

I don't debate that and you'll be glad to know that this is on the application.

It is quite clearly stated in the rental agreement that rent is to be paid in advance. You are already in breach of your contract,

Bronwyn and I have never seen nor signed any such rental agreement (this is not to imply that your rent complaint against me is invalid or you have fewer rights, just that we've never seen a "rental agreement" or "contract"). Are you talking about the default tenancy laws? If so we don't have a problem here.

I believe Gus has a tenancy agreement with you.

I suggest you get that cleared up before going to the Tenancy Tribunal.

Well I respect your opinion as an independent third party, but I think I'm going to have to go with the Tenancy Tribunal option.

.Matthew Cruickshank

Sender: Matthew Cruickshank
Date: 03/Feb/06 17:18

LANDLORD wrote:

It is quite clearly stated in the rental agreement that rent is to be paid in advance. You are already in breach of your contract,

LANDLORD, can you please clarify what you're referring to. Please confirm that this was an error.

.Matthew Cruickshank

Sender: Matthew Cruickshank
Date: 08/Feb/06 17:05

LANDLORD wrote:

It is quite clearly stated in the rental agreement that rent is to be paid in advance. You are already in breach of your contract,

LANDLORD, further to the two unanswered emails about your stated "rental agreement" can you please clarify what you're referring to.

I don't mean to badger you but if you're claiming to have a contract that I've never seen then I can only assume it's forged, and then this becomes a matter for the police. This could be a serious matter affecting the Tenancy Tribunal so I have to follow this up with you -- can you please clarify what you're taking about and who you think it applies to.

.Matthew Cruickshank

Matthew

I assumed you signed a rental agreement with the previous LANDLORD. Please do not badger me with talk of forgery. I do not like your implication.

LANDLORD

LANDLORD wrote:

I assumed you signed a rental agreement with the previous LANDLORD. Please do not badger me with talk of forgery. I do not like your implication.

Thanks LANDLORD for clarifying that you weren't referring to a written rental agreement, contract, or such, when you referred to one.

I don't believe your story about assumed contracts. Soon after buying the property (Nov 2004) your group pushed through a rent raise given 3 weeks notice and rationalised it in terms of 'lack of contract', calling our flat a "boarding house". So you seem to have selective memory. Do you still believe it was a boarding house?

Please feel free to badger, badger, badger me with any answers because your emails have been few and far between and I wouldn't want you to hold back for my sakes.

ps. Can you send a copy of Gus's contract to us? xxxxxxxx St, and PO Box xxxx. Ta.


.Matthew Cruickshank

As you'd expect, there was no response and Gus didn't receive a copy of his contract. We didn't know whether he was still claiming it was a boarding house, or if he liked badgers.

Mediation was days away and Bronwyn received a phone call from the Tenancy Tribunal saying that LANDLORD hadn't been returning their calls. Inconceivable!

From: Matthew Cruickshank
Date: 14/02/06 09:39

LANDLORD,

We received a phone call from The Tenancy Tribunal saying haven't received a response from you, and that they're looking to have mediation next week. We gave them an address you've used of xxx xxxxx Kelburn, was this correct?

Can you please advise whether,
- you still claim it was a boarding house.
- you'll send a copy of Gus's contract to those addresses given (xxxxxxx St, and PO Box xxxxxxx).

.Matthew Cruickshank

From: LANDLORD

I spoke to TENANCY TRIBUNAL PERSON early last week, and emailed him with suggested dates.
If you have dealt with anyone else I suggest that they give me a call on
xxx-xxxxxxx to clear up any confusion.


Thanks
LANDLORD

Thanks for your prompt reply LANDLORD,

And can you please advise whether,
- you still claim it was a boarding house.
- you'll send a copy of Gus's contract to those addresses given (xxxx St, and PO Box xxxxxxxx).

.Matthew Cruickshank

I spoke to TENANCY TRIBUNAL PERSON early last week, and emailed him with suggested dates. If you have dealt with anyone else I suggest that they give me a call on xxx-xxxxxxx to clear up any confusion.

LANDLORD,

The message was left on Bronwyn's answer machine yesterday at midday from a TENANCY TRIBUNAL PERSON, so I would guess we're talking to the same person. He's scheduled in an appointment next Wednesday at 9:30am at Oriental Parade office. If you haven't already you might want to call him on xxx-xxxxxxx as yesterdays message referred to you not getting back to him.

I would assume that answering whether it was a boarding house or a flat would be a fairly simple question for someone who owned a boarding house or a flat, but apparently not! I can only wonder at the laws you've been consulting to find which classification is in your favour, before making a final decision.

And if you could please say whether you'll send a copy of Gus's contract too, please.

.Matthew Cruickshank
http://holloway.co.nz/

UPDATE 22nd February 2006

We went to mediation, and although They Admit No Wrong Doing (hah) and refused for half-an-hour they eventually gave all three of us our bonds and reimbursed us for the rent rise!

(though I had a few dollars taken out of my bond for vacuuming, but I was happy with that. This was the first I'd heard of any complaints regarding my room, a month and a half later at mediation)

I guess I'm not sure how to take this. Did...

1. They genuinely believed that they were right. They thought it was a boarding house. The contract claim was a mistake and it was reasonable not to respond to questions. They thought they were allowed to go into people's rooms. At the mediation they realised they'd spent the bond on improvements. It was all a horrible misunderstanding and they paid up.
2. They end up with more money as they withheld all bonds and paid up only when 3 people took them to Tenancy Tribunal. We should have found them guilty in a court, rather than just accepting the money in Mediation, in order to teach them a lesson.

The ability to warn others of bad landlords is lessened by mediation. If it happens again I'll take it to court.