Flatting problems!

[The Everlasting]

I moved into a house on the 13th of October,after 2 weeks staying there,I decided I didn't want to live there,as I wasn't comfortable living there at all,I won't go into specifics,but anyway,once I told him I wanted to move out,he then got really angry and told me to have all of my stuff out by 6pm, on sunday(I gave notice on friday).


So yeah he was really angry etc and told me to get out,so I moved into my new place on saturday.

Now the problem is I had paid rent on wednesday,and he kicked me out on friday,I paid the rent on wednesday for 2 weeks. He also owes me 2 weeks bond,which he is refusing to give back to me.

All up he owes me around 400.

I really need that money,is there anything I can do to get it back?

[Bikemad]

have you still got a key to the place?

[unstuck]

Dont know the legalitys of tenancy agreements and the like, can you not just tell him to pay up? or will he just tell you to fuck off? I know what I would do.:headbang:

[Indiana_Jones]

Any sort of paperwork signed?

Did you pay cash or bank transfer?

-Indy

[The Everlasting]

have you still got a key to the place?



Nope,he took that off me before I had even removed all of my stuff!

[The Everlasting]

Any sort of paperwork signed?

Did you pay cash or bank transfer?

-Indy


I paid cash for the bond,but he sent me an e-mail receipt for it.

Rent was paid via online banking.

[The Everlasting]

Dont know the legalitys of tenancy agreements and the like, can you not just tell him to pay up? or will he just tell you to fuck off? I know what I would do.:headbang:


Haha tried that,and he got really nasty!!

[steve_t]

Disputes Tribunal

[Bikemad]

does he own a car?............have you got an engineers spring loaded dot punch?...........help him out with a cheap aircon job on his motor

[Banditbandit]

Haha tried that,and he got really nasty!!

And now you are older, have more experience and probably a little wiser ...

[yachtie10]

as already said http://www.cab.org.nz/vat/gl/court/Pages/DisputesTribunal.aspx

They cant kick you out like that (you left anyway) your bond should be returned.

[imdying]

Make yourself up a letter that looks legit, from a beverage company.

Lace a beverage from the company with strong sedatives.

Use your key or knowledge of the building, to gain access and plan a small spy cam (www.dealextreme.com).

Wait till he goes night nights.

Go in, pour petrol everywhere, and burn the place to the ground.

He'll still have your money, but he won't enjoy it, IYKWIM.

HTH

[nodrog]

Do you have his mothers phone number? You should ring her and tell on him.

[Sable]

Were you on the tenancy agreement and what was his position on the lease? I'm assuming he was the head tenant and you're not dealing with the landlord/management company directly. If he refuses to give you back what he owes and you have proof you were living there, paid him however much you did and that you moved out on that day at his bequest which is illegal anyway, you have to give 3 weeks notice. Take your bits of paper and apply to the Tenancy Tribunal, it will cost $20. You don't really need a lawyer, just the paper and if he doesn't show up it will default to you. NEVER move out without getting your bond back, flatting is just a big game of who rapes who's wallet.

[The Everlasting]

Were you on the tenancy agreement and what was his position on the lease? I'm assuming he was the head tenant and you're not dealing with the landlord/management company directly. If he refuses to give you back what he owes and you have proof you were living there, paid him however much you did and that you moved out on that day at his bequest which is illegal anyway, you have to give 3 weeks notice. Take your bits of paper and apply to the Tenancy Tribunal, it will cost $20. You don't really need a lawyer, just the paper and if he doesn't show up it will default to you. NEVER move out without getting your bond back, flatting is just a big game of who rapes who's wallet.



No,there was no tenancy agreement. I was living with the owner of the house. I might give that a try.

[Indiana_Jones]

No,there was no tenancy agreement. I was living with the owner of the house. I might give that a try.

No tenancy agreement?... now do you know if they were doing this on the up and up. i.e. paying tax?

If they weren't, they wouldn't really want to go to the Disputes Tribunal as Steve T mentioned.

-Indy

[Smifffy]

Despite the rest of it, looks like moving out was the right decision.

[The Everlasting]

Despite the rest of it, looks like moving out was the right decision.


Most definitely,even though I lost a lot of money,I now have a much better place! :cool:

[huff3r]

No tenancy agreement?... now do you know if they were doing this on the up and up. i.e. paying tax?

If they weren't, they wouldn't really want to go to the Disputes Tribunal as Steve T mentioned.

-Indy

The owner won't have to pay tax on it, as tenants "rent" is used to cover household expenses. Tax is only payable once it exceeds somewhere around $250 per tenant.

As far as what the OP can do, if you do not have a written house-sharing/boarding agreement then to be honest the best you can do is whinge, maybe go to the disputes tribunal but it's all your word against his as to what any agreement re: rent and bond was.

[Hopeful Bastard]

You could always try this...


Hehehehe

http://www.gpforums.co.nz/showthread.php?threadid=382668&perpage=25&pagenumber=1

[unstuck]

Bloody amusing read that was, cheers Hopeful.

[Sable]

You do have some rights under something called implied tenancy, if he is found to be at fault for there not being a tenancy agreement they can fine him too.

[huff3r]

You do have some rights under something called implied tenancy, if he is found to be at fault for there not being a tenancy agreement they can fine him too.

Not true, in the case of living with a landlord it cannot be a "tenancy" it must be boarding or house-sharing. Therefore no agreement is required, and DBH can't really help. Had a mate go through similar shit, made me do a lot of hunting and research ae.

[Indiana_Jones]

The owner won't have to pay tax on it, as tenants "rent" is used to cover household expenses. Tax is only payable once it exceeds somewhere around $250 per tenant.

As far as what the OP can do, if you do not have a written house-sharing/boarding agreement then to be honest the best you can do is whinge, maybe go to the disputes tribunal but it's all your word against his as to what any agreement re: rent and bond was.

Didn't know about that regarding the $ limit.

As for the second point, that's what I was getting at. If there's no recording/paper agreement of it all, then it becomes a shit fight between the two, he said, no he said etc

-Indy

[Reido]

I've gone though something like this. I am renting a house, the only one on the tenancy agreement. So I am the Head tenant.
Everyone else in the house has no rights other than what I gave them in our "House Sharing agreement"

I gave a flatmate his 2 weeks notice, he moved out in a week and demanded the last weeks rent back. Which I didnt give him.
He threatened a lawyer but eventually backed down.

If you dont have a writen agreement then you dont have much to stand on, they could kick you out without notice.

But he'd still owe you the money.

Suggest you have something like the attached for the next place you move into. And keep a copy for yourself.

[unstuck]

So are verbal agreements no longer considered legal?? Or have they never been? :blink:

[Indiana_Jones]

So are verbal agreements no longer considered legal?? Or have they never been? :blink:

I wouldn't say that, but in a court situation I'd imagine they become a bit harder to prove?

-Indy

[Reido]

So are verbal agreements no longer considered legal?? Or have they never been? :blink:

he said, she said

[Hopeful Bastard]

Bloody amusing read that was, cheers Hopeful.

You're welcome.


I have it bookmarked incase i ever need it. :yes:
Lets hope i dont

[The Everlasting]

Didn't know about that regarding the $ limit.

As for the second point, that's what I was getting at. If there's no recording/paper agreement of it all, then it becomes a shit fight between the two, he said, no he said etc

-Indy



Yeah,I guess I learned something from this,I am going to be much more careful in the future,and ask for paperwork etc,so I won't get ripped off again!!

[Fatt Max]

Tell the cunt that you know a big, fat, sweaty bastard who will dance naked on his fucking doorstep until he pays up.....

[Indiana_Jones]

If only this were back the UK, you could stuff dog shit in his mail flap....

Unless you're prepared for a shit fight, then you may have to let the $$ go....

But saying that, lesson learnt, not the end of the world :)

-Indy

[Berries]

Don't they have dogs up your way?


Bloody Tongans.

[unstuck]

Big mean nasty bastards? I couldnt let something like that go. But then im a stupid bastard and usually get myself in the shit.:yes:

[The Everlasting]

Tell the cunt that you know a big, fat, sweaty bastard who will dance naked on his fucking doorstep until he pays up.....



Haha yeah I'll let him know......

[The Everlasting]

Big mean nasty bastards? I couldnt let something like that go. But then im a stupid bastard and usually get myself in the shit.:yes:


I don't actually..:p