Legal Rights as a Flatmate - Update

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16 years 7 months ago #51786 by HarryPotter
If that is the case Stacey I would move out straight away. What is keeping you?
Best wishes.

Sharing the pad with Harry the Australian Terrorist, Penny the Bearded Collie, Bev the Schnauzer/beardie and her daughters Nellie and Charlotte. (Dad was a Hungarian Vizsla) + lots of chooks. [SIGPIC][/SIGPIC]

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16 years 7 months ago #52166 by stacey
I am trying to get out as soon as I can, believe me Harry! Hopefully that will be tonight or this week at the very least. I am hoping that things do not turn ugly - but they are starting to go a bit downhill, flatmates are now back peddling after saying that they will take my last week (and the so called "used up week in advance") off the bond. They now are telling me that bond does not cover rent, only the damage done to the property and that I now have to pay and they will refund my bond after the new flatmates move in (yeah right)....

I wish we had signed a flatmate agreement at the start of it all. Like I said, I am not usually this dumb when it comes to flatting (have been flatting for about 4 years) and have been on all Tenancy Agreements except this one - must have just been having a bad day when I thought I was signing this one. Oh well you get that.

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16 years 7 months ago #52184 by reggit
Stacey, I flatted for many years and never did we have a written agreement as flatmates. I came into flats as a flatmate while others held the tenancy, and I also held the tenancy and took others on as flatmates. Sometimes it worked out well, sometimes it ended in tears. As I said, the joy of flatting.

Just be firm with them. It's your money.

Take a break...while I take care of your home, your block, your pets, your stock! [;)] PM me...

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16 years 7 months ago #52403 by max2
I believe you (NZ) has a very aggressive small claims court as a last resort too. I have heard several success stories from people who had money withheld from them.

Diarise the comments as much as possible. You may need to rely on the evidence in court.

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16 years 7 months ago #52404 by reggit
Not sure if I would call it 'aggressive' swaggie, but it is very good, I have had to use it before and threaten to use it in other cases. Its great strength is that lawyers are not used so costs are kept to a minimum.

You can't use it for debt collection, but you can use it for disputes over money.

Take a break...while I take care of your home, your block, your pets, your stock! [;)] PM me...

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16 years 7 months ago #52410 by stacey
I have had to go (been taken) to Disputes Tribunal only once before and won that case. But I feel that as I am not covered by the Residential Tenancies Act (or pretty much any law for this matter) that this case may not be as clean cut as the last one. Disputes Tribunal also relies alot on the opinion of the referee rather than laws. I guess I can only hope that their opinion is the same as mine if the time comes! (which hopefully it doesnt!)

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16 years 7 months ago #52918 by Llew
"They now are telling me that bond does not cover rent, only the damage done to the property and that I now have to pay and they will refund my bond after the new flatmates move in (yeah right)...."

While this is technically correct, they are not the administrators of the bond & it seems to me, you're talking about "a" sum of money representing rent, not "the bond".

They are bull****ting you & if there is no damage then they are obliged to give you back your share of the bond. If there IS damage, you don't have to cover it all, just your percentage share - and if they're saying there is damage to rectify, make them fill in the forms & submit it to tenancy services all official like, otherwise the could be holding the next tenant liable too.

[SIGPIC][/SIGPIC]

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16 years 7 months ago #52919 by Llew
Oh - and the bond refund is due WHEN you leave, not when they get new tenants.

[SIGPIC][/SIGPIC]

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