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bamaboy
6th January 2013, 09:12
hi guys
I know a lot of you will say this would be last place to look for advice regarding tenancy tribunal etc, but I know from my experience there are quite a few members out there that have epic amount of knowledge about tenancy laws on nz. So here goes

I and this fella D.C moved into a flat in may 2010 on a joint lease tenancy agreement, we both had half shares in the bond and the way the flat operated

may 2011 the landlord is happy and wants to continue the tenancy, we all mutually agree on emails and carry on, no extra paperwork done,

by may 2012 the landlord wants to increase rent by 5% which is very fair and again we agree to go ahead with the "renewal" of the tenancy and carry on.

now here's the catch, I was on out of the country on a holiday during may and without my knowledge my flatmate D.C goes to the landlords home and gets him to fill a new "residential tenancy form" with only his name on it.

comes back takes over the big room (my old room) chucks all his stuff in his smaller room and takes over the 3 garages of the flat with his business stuff.

I didnt say much as I was travelling for most of the year 2012 and was in and out of the house. come dec 2012 Im back for good and realise this guy has been housing a dog in the house against the landlords consent, never cleans and the usual things our landlord wont appreciate us as tenants doing.


When I confronted him regarding this, he reckons he is the sole lease holder of the house and gives me an eviction notice for "personal reasons"
the bond is still in both our names, the flat bank account is in my name, from which rent goes out, electricity and phone bills goes out.

he didnt fill a "change of tenancy" form and get it signed by me\landlord or the "transfer of bond" form. basically he has blindsided me completely by filling out a new "residential tenancy form" and claims to be the new sole lease holder of the house which supposedly empowers him to have the right as to who can have sole control of who stays in the house and who doesn't.

Its still xmas holidays for most authorities and i have not been able to reach anyone who can help me regarding this till 14 jan, I have quite a bit of sleep regarding this, the landlord emailed me back saying as per his knowledge me and D.C were both signatory's under the original lease and will come over on the 10th jan to resolve this, but is slightly unsure if he signed the new tenancy form correctly for d.C and says he will get advice from his lawyer by that time.

meanwhile i wait while I have no idea how this is going to turn out, trusting this guy D.C 3 years ago was a bad idea, he wont wanna resolve or disclose what is his issue with me, and basically he just wants the full control of the house which again i was the one to hunt down and put my name for credit checks etc.

for the members who read this and want to shoot me down for posting DHB tenancy issue pls understand this is my home at stake and I didnt know who else to turn too, and for members who do provide any advice\guidance I am highly obliged and thank you guys for your help as that will enforce that asking for help on this forum wasn't that bad a thing to do :)

unstuck
6th January 2013, 09:17
Beat the suckers ass and throw him on the street, then keep all his stuff.:2thumbsup

It is the only way that you are going to come out of this feeling like a MAN.

bamaboy
6th January 2013, 09:22
It is the only way that you are going to come out of this feeling like a MAN.

hahaha didnt see that coming but definitely lighten up the mood. even more I agree with you.

but gonna apply for citizenship end of year so cant have any police charges against my name...... :P

Goblin
6th January 2013, 09:27
Let me guess...DC stands for Dirty Cunt!?

Sorry I have no helpful advice but I'm sure Mom will be along shortly with some.:yes:

unstuck
6th January 2013, 09:27
hahaha didnt see that coming but definitely lighten up the mood. even more I agree with you.

but gonna apply for citizenship end of year so cant have any police charges against my name...... :P

Self Defence. He hit you first, I saw it. I would swear it on the HOLY bible.:devil2::Punk::Punk:

bogan
6th January 2013, 09:35
Should there have been extra paperwork done for the may 2011 carry on of the tenancy? ie, was it a fixed term contract? If it wasn't it seems clear cut, as the change of tenancy holder was not performed correctly, with you not being notified. If it was a fixed term contract, that may have lapsed if they don't accept emails as legit forms of renewal (though they might), then him applying for sole tenancy is still a bit dodgy due to you not receiving or being notified of bond transfer, but perhaps more legit.

If its as muddy as it seems, I'd expect the landlord's opinion to tip it either way if you take it to tribunal.

unstuck
6th January 2013, 09:37
So the solution is simple, whip round to the landlords and give him a quick gobby.:yes:

bamaboy
6th January 2013, 09:49
Should there have been extra paperwork done for the may 2011 carry on of the tenancy? ie, was it a fixed term contract? If it wasn't it seems clear cut, as the change of tenancy holder was not performed correctly, with you not being notified. If it was a fixed term contract, that may have lapsed if they don't accept emails as legit forms of renewal (though they might), then him applying for sole tenancy is still a bit dodgy due to you not receiving or being notified of bond transfer, but perhaps more legit.

If its as muddy as it seems, I'd expect the landlord's opinion to tip it either way if you take it to tribunal.

I'd love to answer this for you, but while I was away the MrDecepticon went thru my folder in the storage garage with all important documents and stole the original forms etc and every document regarding the flat.

even if it was a fixed term tenancy that we agree to continue after the first year, doesn't it automatically extend beyond the year as a non fixed term\ monthly tenancy ?

Hopefully the landlord will have some sense about this, I emailed a list of issues like pets, cleanliness, weapons in the house etc to the landlord that DC has not being honest to the landlord and hope for the best

Nova.
6th January 2013, 09:54
yeap i definitely think he'd be getting a hiding if it was me and thrown out the fucking door.
what a dirty rat cunt. excuse the language.

bogan
6th January 2013, 09:58
I'd love to answer this for you, but while I was away the MrDecepticon went thru my folder in the storage garage with all important documents and stole the original forms etc and every document regarding the flat.

even if it was a fixed term tenancy that we agree to continue after the first year, doesn't it automatically extend beyond the year as a non fixed term\ monthly tenancy ?

Hopefully the landlord will have some sense about this, I emailed a list of issues like pets, cleanliness, weapons in the house etc to the landlord that DC has not being honest to the landlord and hope for the best

Unsure about the extension, there might be a default arrangement, but I would imagine that to be more easily replaced with a single tenant controlled one, than if it was originally signed as flexi term. But thats just my theory, your landlord will know.

If you can get evience of him doing dodgy shit like that (like having a dog against the terms), then do so and present it, otherwise I would be hesitant to bring it up.

sil3nt
6th January 2013, 10:01
You have the flat account so you can get your bond from there and if he is the sole lease holder then just close off the phone and electricity (assuming also in your name) and just fuck off and forget about it!

unstuck
6th January 2013, 10:05
He obviously thinks your some sort of a push over, or weakling that he can do whatever the fuck he likes to you. I wouldnt be taking it. Time for some mood music.

<iframe width="560" height="315" src="http://www.youtube.com/embed/ZIHuF8WvdFk" frameborder="0" allowfullscreen></iframe>:Punk::Punk:

Flip
6th January 2013, 10:09
Were you still paying rent while you were away? The landlord will have a copy of the tenancy. A tennancy can't be changed without your agreement. However DC will probably claim you had abandoned the property.

What do you want? DC to leave? If DC is on the original TA he has the same legal rights as you.

It might be a dirty trick but let the rent get behind over the next few weeks...... Its probably time to start looking for a new flat whatever happens.

I bet DC is not paying commercial rental rates for the property if he is running a business from it.

schrodingers cat
6th January 2013, 10:10
You have the flat account so you can get your bond from there and if he is the sole lease holder then just close off the phone and electricity (assuming also in your name) and just fuck off and forget about it!

Agree.

Easy

nodrog
6th January 2013, 10:31
I think you two should get together and scissor action your vaginas.

bosslady
6th January 2013, 10:34
Previous to my flatmate buying the house were now in, he'd signed a lease for a flat with three other girls. In the months leading up to him moving into our house, the tenancy came up for renewal at the flat. They all 're signed it and completely left him out of it, not consulting him and had him removed. Not a big deal because he was going to move out in a few months (though he hadn't actually given notice) but pretty rude and kind of weird they were able to do that without his permission, but seems they were. His name was still on for the bond, which after a bit of drama, provided by the girls, I eventually got back for him but gosh what a hassle. I'd say cut your losses and find somewhere else to live. Move out asap, stop paying rent, cut off the utilities which I guess are in your name. Sounds like a really hostile situation.

bamaboy
6th January 2013, 11:23
Were you still paying rent while you were away? The landlord will have a copy of the tenancy. A tennancy can't be changed without your agreement. However DC will probably claim you had abandoned the property.

What do you want? DC to leave? If DC is on the original TA he has the same legal rights as you.

It might be a dirty trick but let the rent get behind over the next few weeks...... Its probably time to start looking for a new flat whatever happens.

I bet DC is not paying commercial rental rates for the property if he is running a business from it.

yup i have always been paying the rent regardless while I was around or not. i had my stuff at the flat and had had been in touch with DC while i was away.
wont really do a runner with my bike and all my belongings still at the flat

apparently the other two subletted flatties are happy to desert the flat with me or stay on. they not a fan of D.C either. funny as I haved spent only 3 months with them while DC spent 8months living with them.

nope he has not being commercial rental rate, i know a lot of you will spew if i tell you he has not been paying anything extra for the garages in the first place


its a nice house close to mission bay, id like to take it on, hope that the landlord realises its him breaking all the rules of the tenancy agreement and decides to carry on lease from him.:bash: bond is with the DBH in both our names, there,s never been extra money in the flat account, plus i wont really swindle bond money from my other flatties.

bosslady
6th January 2013, 11:29
ahh didn't realise there were other flatties

Bassmatt
6th January 2013, 11:37
You have the flat account so you can get your bond from there and if he is the sole lease holder then just close off the phone and electricity (assuming also in your name) and just fuck off and forget about it!

This. First thing Monday morning.
edit: second thing on Monday, get all your stuff out first.

FJRider
6th January 2013, 11:51
If things were done correctly at the start ... the Landlord wont be the one holding the bond.

unstuck
6th January 2013, 11:55
Has DC(aka cuntface) got anything worth selling????:blip: Nothing like a good bargain.:2thumbsup

Flip
6th January 2013, 11:56
You are a better man than I would be.

I would run the rent, power, gas and phone well behind then fuck off.

Remember at this stage you are a boarder and none of the above are your responsibility.

unstuck
6th January 2013, 11:59
You are a better man than I would be.

I would run the rent, power, gas and phone well behind then fuck off.

Remember at this stage you are a boarder and none of the above are your responsibility.

Yep, +1.. At the very least.:yes:

FJRider
6th January 2013, 12:12
You are a better man than I would be.

I would run the rent, power, gas and phone well behind then fuck off.

Remember at this stage you are a boarder and none of the above are your responsibility.

If rent power is through automatic payments ... with all money going through your account ... just STOP all ap's to power and rent. (and phone ???)

See how long it takes ... (for him to notice)

Akzle
6th January 2013, 16:57
hi guys (((piss and moan))

you have two options: fight to live with this dick, or fuck off and get on with it. i'd suggest the latter.

however, you have vested interest here.
if the bond has not been transferred out of your name (it can't without all original signatories) - you still have lawful claim to half of it.

1-move out
2-send in a bond refund and withdraw your half.
3-set fire to the cunt.

the landlord probably isnt too happy with him shit stirring, so he might find himself out on his a55 before too long.

if you stop paying bills YOU are in dishonour, and it will go against your credit rating (if you care about such things)

you CAN go to the tenancy tribunal for a ruling on all of this, get cosy with the landlord, sad puppy eyes and whatnot. keep to the facts, don't get emotional "he's a dick" on it. be the bigger man and move on.

your chances of getting him out are slim, since he's an original signatory, you could of course make his life hell, put dead animals in his bed, in his car (live animals can sometimes be funnier - your call), put your girlfriends undies in his girlfriend's handbag, sugar his tank, rack up the midget porn on his credit card, order 50 pizzas while he's home alone, fill his shoes with acid, wire a switch to the power in his room and put it on a random timer, every time he's in the shower do laundry, flush every toilet in the house and water the lawn, get a whiteboard in a public area and use it instead of speaking to him, loosen the screws on his pot handles, take a polaroid of you using his toothbrush as a french tickler with a bottom end whore, leave it where he'll find it after brushing his teeth, put his laptop in the dishwasher, put his CDs in the VCR, LPs in the microwave, tapes (god, does anyone still have them?) you can demagnetise with a horseshoe.

but yeah, nah. move on, leave him to his own shitheadedness.

unstuck
6th January 2013, 17:11
This could be a good book to hunt up.:whistle::yes::shifty:

FJRider
6th January 2013, 17:14
I must be feeling ill ... I'm thinking the writer in green is giving useful (almost intelligent) advice. Take it while it lasts ... and have some fun before you go.

jasonu
6th January 2013, 17:40
I must be feeling ill ... I'm thinking the writer in green is giving useful (almost intelligent) advice. Take it while it lasts ... and have some fun before you go.

For a guy that apparently the law doesn't apply to he sure seams to know a lot about the ins and outs of the tennancy rules.

flyingcrocodile46
6th January 2013, 17:43
I must be feeling ill ... I'm thinking the writer in green is giving useful (almost intelligent) advice. Take it while it lasts ... and have some fun before you go.

Yup. Have to agree he covered all the bases pretty well. Consider following as many of Akzls suggestions as you feel comfortable with and forget about both it and any thoughts of loyalty toward the other flatmates. Did they stop the shit from stealing your room etc or contact you to let you know what was going on?.. Nah, then fuckem they were probably giggling about it when it was going down.

FJRider
6th January 2013, 17:49
For a guy that apparently the law doesn't apply to he sure seams to know a lot about the ins and outs of the tennancy rules.

Going by his usual "persona" ... he's probably been shafted himself ... a few times already ... :pinch:

bamaboy
6th January 2013, 19:20
righto after a visit from the landlord and the police X2 here is where we at,

landlord dropped it and confirmed Im still a joint lessee of the flat and D.C can not evict me. but since we have a tenancy problem i need to go to tenancy to sort it out, D.C keepson ranting to the landlord that the landlord is wrong? he is sawing his own leg off as we speak. other flatmates back me up and he threatens to throw them out in 48hrs, i let them know they will be fine and he can print as many eviction notices as he wants I'll simply cross them off with my pen and call them void.
they want to move out but i need to kick this DC fella out now.

landlord needs evidence of the dog in the house so im onto it. hello facebook!

he still is ranting on he is gonna throw my stuff out in 2 weeks. police say chill if he touches ur stuff u can call us again.

he made a complete egg of himself by trying to call me out and tried to assault me with two other flatmates acting as witness.

police has asked him not to be a douchebag else next time they get called he will be the one going with them.

sergeant says next time use "your self defence combat tactics" if you need too???

i have a feeling he is going to try every trick in the book to get on my nerve, infact im gonna parkup my bike at my uncle's tonight. dont want my baby hurt by this crazy dude.

next step is to get in touch with tenancy tribunal tomorrow and a mediation will follow hopefully soon

I want this guy out especially as he is a risk against the safety to me and others in the flat, need to find the right way to do this.????? any lawyers out there
landlord says if he gets the dog back they give him a 10 day notice for him to rectify , so not too solid to evict him, wondering how I can enforce the fact that me and my other flatmates are at risk and get him out of here!

to makes matters worse DC is a sword seller so he has a couple garages full of katanas and swords and armoury! this equation looks pretty fucked up!

digging the DBH website for more till their office opens up tom morning

unstuck
6th January 2013, 19:29
The guys a fucking muppet. Shit in his cornflakes. Dont worry about the swords and shit, fuckwits like that always try to scare people with shit like that. Sounds like you are on the right track though.:2thumbsup

Akzle
6th January 2013, 19:48
For a guy that apparently the law doesn't apply to he sure seams to know a lot about the ins and outs of the tennancy rules.
i know the system. ergo, i beat the system.


to makes matters worse DC is a sword seller so he has a couple garages full of katanas and swords and armoury! this equation looks pretty fucked up!

digging the DBH website for more till their office opens up tom morning

cops and blahblah blah.

a policy enforcement officers interpretation of "the law" is usually about 30% correct. they know what they've been taught.
what they've been taught is to eat doughnuts and write infringement notices in all cases.

it's highly unlikely the cunt has one real katana, let alone a shed full of them. there's almost no way for a cunt to get hands on a real sword.

mediation is almost a guaranteed no, judging by DC's attitude/behaviour. of course, i've only got your side of the story to go by.

having your "flamtates as witnesses" doesn't count for shit unless they're willing to swear an affidavit.

however, it sounds like the guy is a douche and digging his own hole, so hand him a spade and see him at court.

carburator
6th January 2013, 19:59
Never bring a knife to a gun fight... well ok maybe a M9 bayonet on the 590A1

bamaboy
6th January 2013, 20:25
oh his swords are pretty real, only thing he is passionate about. i hope he is not too stupid to f$ck up holding them around me. Su275767
this is his so called showroom in the garage.

he is frustrated and going bonkers coz the cops the landlord and the flatmates didnt play along his tea party. I actually cant describe how vicious he is gotten when the landlord left, and his antics are truely like sawing his out leg off types. I cant believe i used to vouch for this guy and back him up in his kiddish brawls in with 19 yr olds in elliot st bars, no wonder he liked going there all the time

looked up Protecton order possibilities against the guy and it seems the only way to get him out
it applies to flatmates and I have the two flatties as witnesses and the police believe me too. copper says i should record everything around me. godDamnit i knew i should had brought that spy camera keychain while it was on a special :(
any of you lads reckon the protection order will \will not work. or how the hell to get it

website says it applies to flatmates, they need to leave asap if its a no contact PO and i can get an immediate one too

your thoughts please.

and for the love of god lads, im not gonna hit him first, my citizenship application is at stake. once i get that in the next couple of months after labouring 8 years in NZ, goddamn i will take route too like hardcore punk recommends - the expedited route to knucklemania!









i know the system. ergo, i beat the system.


cops and blahblah blah.

a policy enforcement officers interpretation of "the law" is usually about 30% correct. they know what they've been taught.
what they've been taught is to eat doughnuts and write infringement notices in all cases.

it's highly unlikely the cunt has one real katana, let alone a shed full of them. there's almost no way for a cunt to get hands on a real sword.

mediation is almost a guaranteed no, judging by DC's attitude/behaviour. of course, i've only got your side of the story to go by.

having your "flamtates as witnesses" doesn't count for shit unless they're willing to swear an affidavit.

however, it sounds like the guy is a douche and digging his own hole, so hand him a spade and see him at court.

unstuck
6th January 2013, 20:41
FUCK, dont listen to anything I tell ya.............I have not got the best record for being a peacable bloke. Unless he is on P I wouldnt worry about the swords. Just call the popo if you feel threatened.:yes:

yod
6th January 2013, 21:06
i knew i should had brought that spy camera keychain while it was on a special

Seriously, I'd be getting something along these lines in place. If he's as much of a tosser as he sounds (and you say he's been through/stolen your documents previously?), I wouldn't trust the fucker with my stuff while I'm not around!

Could well end up being useful evidence further down the track.

Tink
6th January 2013, 21:07
You need to find anything to get him arrested, are swords considered weapons ? You can actually get him out only if the property is fully vacated 45 days notice, and then you sign a new lease with the LL, but the LL would need to give a valid reason for you all vacating (on paper), like renovations, or a major hike in the rent!

Berries
6th January 2013, 21:09
What are his eyes like?

scumdog
6th January 2013, 21:15
i know the system. ergo, i beat the system.


cops and blahblah blah.

a policy enforcement officers interpretation of "the law" is usually about 30% correct. they know what they've been taught.
what they've been taught is to eat doughnuts and write infringement notices in all cases.

it's highly unlikely the cunt has one real katana, let alone a shed full of them. there's almost no way for a cunt to get hands on a real sword.

mediation is almost a guaranteed no, judging by DC's attitude/behaviour. of course, i've only got your side of the story to go by.

having your "flamtates as witnesses" doesn't count for shit unless they're willing to swear an affidavit.

however, it sounds like the guy is a douche and digging his own hole, so hand him a spade and see him at court.

A tinsy bit of useful info there - and a shitload of 'axe-to-grind' conjechoor methinks...

scumdog
6th January 2013, 21:18
oh his swords are pretty real, only thing he is passionate about. i hope he is not too stupid to f$ck up holding them around me.
this is his so called showroom in the garage.

he is frustrated and going bonkers coz the cops the landlord and the flatmates didnt play along his tea party. I actually cant describe how vicious he is gotten when the landlord left, and his antics are truely like sawing his out leg off types. I cant believe i used to vouch for this guy and back him up in his kiddish brawls in with 19 yr olds in elliot st bars, no wonder he liked going there all the time

l

He's a Grade A fruit-loop!:tugger::wacko::crazy:

flyingcrocodile46
6th January 2013, 21:39
conjechoor methinks...

Illiteracy and statement not based in fact. How typical of the popo.

OP Note, your rants in here may be used as evidence against you. Though you appear to be straight up and on the right track so I think you will probably be ok on that count. Perhaps you could ask scummy what he thinks.. but don't hold your breath (he has performance issues in that area). Though I reckon he wouldn't steer you crook.

The police should (officially) be advised of your genuinely overwhelming fear for your life and that of your passive flatmates at the wanker's first direct utterance of any threat to your health and well being. The establishment of the level of fear that is deemed to justify the immediate removal of the wanker as a threat is mostly dependant on how scared you really are. If I was you I would be very very very scared, so much so that I would want the protection of the police right now before I go to sleep (though I would be too terrified to sleep).

flyingcrocodile46
6th January 2013, 21:46
oh his swords are pretty real, only thing he is passionate about.

he is frustrated and going bonkers coz the cops the landlord and the flatmates didnt play along his tea party. I actually cant describe how vicious he is gotten when the landlord left, and his antics are truely like sawing his out leg off types. I cant believe i used to vouch for this guy and back him up in his kiddish brawls in with 19 yr olds in elliot st bars, no wonder he liked going there all the time


On the record

Coolz
6th January 2013, 21:56
I don't think we're getting the full picture here. By your own addmission you were rarely home spending much of the year travelling around. Meanwhile your flatmate has been responsible for looking after the place and all your stuff. As you haven't made any complaints in those respects he's probably done a good job.

Now you've come home and found the people living there have taken over and you are no longer the king of the castle.

Nova.
6th January 2013, 22:23
I don't think we're getting the full picture here. By your own addmission you were rarely home spending much of the year travelling around. Meanwhile your flatmate has been responsible for looking after the place and all your stuff. As you haven't made any complaints in those respects he's probably done a good job.

Now you've come home and found the people living there have taken over and you are no longer the king of the castle.

Go read it again.. :facepalm:

bamaboy
6th January 2013, 22:25
I don't think we're getting the full picture here. By your own addmission you were rarely home spending much of the year travelling around. Meanwhile your flatmate has been responsible for looking after the place and all your stuff. As you haven't made any complaints in those respects he's probably done a good job.

Now you've come home and found the people living there have taken over and you are no longer the king of the castle.

dude i have lived here for 3 years, and it was the first holiday i ever took and was away for 4 months collectively. im the one organising al the trademe ads, flat viewings and actually getting all the furniture of the house including whiteware.

its never been about the king of the castle thing, he apparently got upset i and the other flatties went for a xmas dinner on which he missed out. even though he was invited......no idea why he brought that up while the police were trying to get his story?

anyways my version of the story is only my version, his version didnt make sense to the landlord, the landlords dad and mother, my 2 other flatmates, 3 police officers...... feel free to come around and give it a go, Im actually curious abt what his version really is....... what possibly is the reason for him to illegally evict me, make dodgy flat tenancy agreements without my knowledge or even try and call me out for a fight when the landlords left after acknowledging that they still hold bot of us as joint tenants.

Bikemad
6th January 2013, 22:33
umm.........i can help you dispose of the swords if thats gonna help.........:crazy:

jasonu
6th January 2013, 22:35
Possibly the best thread (so far) this year.

FJRider
6th January 2013, 22:39
Possibly the best thread (so far) this year.

And no waving involved ...

neels
6th January 2013, 22:45
As far as I'm aware you are correct about one thing, if a fixed term tenancy is not renewed and no notice is given by the landlord or tenant then it reverts to being a periodic tenancy. So the original agreement still stands if you haven't been refunded your share of the bond.

Anyway, everything you need to know you can find here...http://www.dbh.govt.nz/tenancy-index

Coolz
6th January 2013, 22:59
Go read it again.. :facepalm:

I don't believe everything I read. Sometimes what is not said speaks volumes.

The cracks are starting to appear. In his first post he said he was away for most of the year.In his last post it was only four months.

bamaboy
6th January 2013, 23:02
I don't believe everything I read. Sometimes what is not said speaks volumes.

The cracks are starting to appear. In his first post he said he was away for most of the year.In his last post it was only four months.

4 months collectively = away for the most of the rest of the year since may 2012

unstuck
7th January 2013, 05:01
Take the swords to a scrap dealer and see if you can get them turned into a huge cock ring for the muppet. You all still alive, he didnt go all mental on you over night??? :eek5:

bamaboy
7th January 2013, 05:02
As far as I'm aware you are correct about one thing, if a fixed term tenancy is not renewed and no notice is given by the landlord or tenant then it reverts to being a periodic tenancy. So the original agreement still stands if you haven't been refunded your share of the bond.

Anyway, everything you need to know you can find here...http://www.dbh.govt.nz/tenancy-index

thanks neels
ill finally get a chance to confirm this with the tenancy helpline today. will keep ya posted how it goes

Nova.
7th January 2013, 05:23
I don't believe everything I read. Sometimes what is not said speaks volumes.

The cracks are starting to appear. In his first post he said he was away for most of the year.In his last post it was only four months.

Housing a dog in the house without landlords consent, moving flat mates stuff from their rooms around to get the bigger room..
stealing...

Akzle
7th January 2013, 06:34
protection orders can be applied for (and granted) at court without notice. the protection order is one thing, a warrant for enforcement action is another. the warrant allows the policy enforcers to kick his arse, the protection order allows them to ask him nicely to leave, also tresspasses him from the property and lines him up for harrassment charges if he breaches it.

the other option is to instigate proceedings for a protection order on notice, which he then has to respond to in court. might show him that you're serious this time

http://www.youtube.com/watch?v=EmFKioFazho

you cannot effect a legal tresspass as he is currently a lwaful occupant of the property

FJRider
7th January 2013, 06:49
The cracks are starting to appear. In his first post he said he was away for most of the year.In his last post it was only four months.

Not quite correct ... from his first post.

now here's the catch, I was on out of the country on a holiday during may and without my knowledge my flatmate D.C goes to the landlords home and gets him to fill a new "residential tenancy form" with only his name on it.

comes back takes over the big room (my old room) chucks all his stuff in his smaller room and takes over the 3 garages of the flat with his business stuff.

I didnt say much as I was travelling for most of the year 2012 and was in and out of the house. come dec 2012 Im back for good and realise this guy has been housing a dog in the house against the landlords consent, never cleans and the usual things our landlord wont appreciate us as tenants doing.

nodrog
7th January 2013, 07:07
Is this Sheldon from the big bang theory?

Paul in NZ
7th January 2013, 07:46
Oh FFS - is this worth the friggin effort and drama... Find some other place to live and move on with life... Yeah the guys a tool and guess what, he wont be the last one you meet. Dis entangle yourself and move on as quickly as you can and get on with your life. It would be less effort that making a crusade out of it.

Banditbandit
7th January 2013, 13:09
Oh FFS - is this worth the friggin effort and drama... Find some other place to live and move on with life... Yeah the guys a tool and guess what, he wont be the last one you meet. Dis entangle yourself and move on as quickly as you can and get on with your life. It would be less effort that making a crusade out of it.

Yeah ... that's about it ... learn from this but move on ... Some people are arseholes and bastards and just plain crazy - but there are also some good people out there too ... leave the arseholes and idots behind as quickly as posible and live with only the good people ...

Life's too short to waste time and energy on the idiots ..

Stirts
7th January 2013, 13:22
Some people are arseholes and bastards and just plain crazy - but there are also some good people out there too ... leave the arseholes and idots behind as quickly as posible and live with only the good people ...


Fuck Yeah

Pussies don’t like dicks, because pussies get fucked by dicks. But dicks also fuck assholes: assholes that just want to shit on everything. Pussies may think they can deal with assholes their way. But the only thing that can fuck an asshole is a dick, with some balls. The problem with dicks is: they fuck too much or fuck when it isn’t appropriate – and it takes a pussy to show them that. But sometimes, pussies can be so full of shit that they become assholes themselves… because pussies are an inch and half away from ass holes. I don’t know much about this crazy, crazy world, but I do know this: If you don’t let us fuck this asshole, we’re going to have our dicks and pussies all covered in shit!

nodrog
7th January 2013, 13:56
http://www.youtube.com/watch?v=wPdMiMtoTWA
__________________

Paul in NZ
7th January 2013, 14:03
Fuck Yeah

Pussies don’t like dicks, because pussies get fucked by dicks. But dicks also fuck assholes: assholes that just want to shit on everything. Pussies may think they can deal with assholes their way. But the only thing that can fuck an asshole is a dick, with some balls. The problem with dicks is: they fuck too much or fuck when it isn’t appropriate – and it takes a pussy to show them that. But sometimes, pussies can be so full of shit that they become assholes themselves… because pussies are an inch and half away from ass holes. I don’t know much about this crazy, crazy world, but I do know this: If you don’t let us fuck this asshole, we’re going to have our dicks and pussies all covered in shit!

Erm - ok......

My point is that resolving this (even if you win) will cause a drama and ruin the relationship between every flatmate... The flats fucked anyway so why bother? Either way you are going to end up moving to a new flat. Sure if the guy wants to play rental police fire away and enjoy... I'd save my energy for stuff that matters instead of wasting it on this clown...

You can still punch him in the face if you want....

Banditbandit
7th January 2013, 14:03
video=Westpac ad


Work for them do you?

nodrog
7th January 2013, 14:53
Work for them do you?

Yeah, thats me playing the drums :weird:

Disco Dan
7th January 2013, 15:30
Fuck Yeah

Pussies don’t like dicks, because pussies get fucked by dicks. But dicks also fuck assholes: assholes that just want to shit on everything. Pussies may think they can deal with assholes their way. But the only thing that can fuck an asshole is a dick, with some balls. The problem with dicks is: they fuck too much or fuck when it isn’t appropriate – and it takes a pussy to show them that. But sometimes, pussies can be so full of shit that they become assholes themselves… because pussies are an inch and half away from ass holes. I don’t know much about this crazy, crazy world, but I do know this: If you don’t let us fuck this asshole, we’re going to have our dicks and pussies all covered in shit!

Then everybody has AID's....

Akzle
7th January 2013, 19:05
Life's too short to waste time and energy on the idiots ..

aww come on. that'd be the end of KB!

Dangsta
7th January 2013, 19:59
Then everybody has AID's....

Derpa derp derp derpa Jihad.....Mohammed Jihad.....derpa derp

That's my advice. Take it or leave it man.

Woodman
7th January 2013, 20:07
Punch him in the face.

FJRider
7th January 2013, 20:14
Life's too short to waste time and energy on the idiots ..

Hence ... the Ignore option was created ... :yawn:

gammaguy
7th January 2013, 20:35
Fuck Yeah

Pussies don’t like dicks, because pussies get fucked by dicks. But dicks also fuck assholes: assholes that just want to shit on everything. Pussies may think they can deal with assholes their way. But the only thing that can fuck an asshole is a dick, with some balls. The problem with dicks is: they fuck too much or fuck when it isn’t appropriate – and it takes a pussy to show them that. But sometimes, pussies can be so full of shit that they become assholes themselves… because pussies are an inch and half away from ass holes. I don’t know much about this crazy, crazy world, but I do know this: If you don’t let us fuck this asshole, we’re going to have our dicks and pussies all covered in shit!

you had me at dicks fuck assholes

bamaboy
7th January 2013, 21:55
you had me at dicks fuck assholes


not sure how you guys got over to this bit :P
but hey most of you guys made sense apart from sheldon fans.

I spoke to the other two frenchie flatmates this morning after visiting CAB n speaking to tenancy helpine
They all reckon I am still an implied flatmate and his so called decieving new agreement in void. got a copy of it from the landlord- apparently he got the new agreement made when i already returned in june and was living at the flat for 3 weeks, and I had no idea about it. for the love of god enough about the deal with me being away lads. I was still paying rent and topping up rent if any rooms were empty.

I had two options
A)play the "destory each other" game with D.C and watch the fireworks destroy the christmas tree

or

B) just give him the sodden flat and wash my hands clean hoping he would play nice if I did (dont be offended hardrock punkman-you did amp me up to kick his ass, but id rather cut my losses as im back in the city looking for a job, trying to make a living after a season at the snow

here is what really happened in the last 24 hours.
spent the morning visiting the tenancy office in shortland st, CAB and police station
spoke to the landlord, he asked me upfront if I wanted to opt out of the whole thing. he reckoned he could work something out and get DC to fill out the correct documents. next thing DC approache including transfer or rental etc n my part of the bond money upfront as he wanted to save whatever grace he could in front of the landlord. that was a good one on his behalf. took over the bills etc. i saved up some money which is pretty good. all im paid for is two weeks upfront rent and he promises to leave me and the two flatmates alone. we 3 move out in 2 weeks and on a flat hunt together. D.C is happy to be the master of the house (empty or full he doesn't seem to care)

will try and hunt for a 3\ 4 bedroom place in akl (or bloody queenstown) as we 3 together have a decent budget to get a place.

new year, new start, new found freedom

again big kudos for all the help lads.

Keep Riding and ride safe!

2 weeks n counting to get the fuck out of here

I can see how most of you recommended to use sanity over anger management

I did tell the cops i wanted to press charges after the assault yesterday, will wait for two weeks and if everything goes smoothly ill let D>C be and withdraw from it.

will keep you guys posted

FJRider
7th January 2013, 22:03
You WILL need a decent budget if you want to live in Queenstown.

I can send you a local papers with rental firms and their numbers/prices if you want.

bamaboy
7th January 2013, 22:03
Derpa derp derp derpa Jihad.....Mohammed Jihad.....derpa derp

That's my advice. Take it or leave it man.

CRACKUP dangsta! :)

paul, bandit bandit and rest of you grown up lots. thanks for the advice. it has been complied with!

topped up the sanity with reps to all you fellas including those with sheldonitis as I guess you still spent time out of your lives to read about and sort another biker out!

so yup big thanks everyone!

bamaboy
7th January 2013, 22:12
You WILL need a decent budget if you want to live in Queenstown.

I can send you a local papers with rental firms and their numbers/prices if you want.

thanks FJ rider. will surely appreciate that. spent 8 years ever since in NZ in the north island.
time to do the south. couple of places 10 to 15 kms from qtown come up as 250 Bucks for 3 bdrm per week, out in the bush but got epic views and actually better then the current so call "cul de- sack-my-balls-in-a-cracker-jacker" house in mission bay. not sure if ill miss the sunny days mission bay traffic. i guess the new Michelins i got at a sweet deal from cycletreads are meant to get ridden in the south island roads. 5 years to the k8, 30+k and heaps more to come!

bamaboy
7th January 2013, 22:13
thanks FJ rider. will surely appreciate that. spent 8 years ever since in NZ in the north island.
time to do the south. couple of places 10 to 15 kms from qtown come up as 250 Bucks for 3 bdrm per week, out in the bush but got epic views and actually better then the current so call "cul de- sack-my-balls-in-a-cracker-jacker" house in mission bay. not sure if ill miss the sunny days mission bay traffic. i guess the new Michelins i got at a sweet deal from cycletreads are meant to get ridden in the south island roads. 5 years to the k8, 30+k and heaps more to come!

okay enuf of the jack daniels and sheesha pipe! will get some sleep!

ride safe kiwibikers!

FJRider
7th January 2013, 22:22
thanks FJ rider. will surely appreciate that. spent 8 years ever since in NZ in the north island.
time to do the south. couple of places 10 to 15 kms from qtown come up as 250 Bucks for 3 bdrm per week, out in the bush but got epic views and actually better then the current so call "cul de- sack-my-balls-in-a-cracker-jacker" house in mission bay. not sure if ill miss the sunny days mission bay traffic. i guess the new Michelins i got at a sweet deal from cycletreads are meant to get ridden in the south island roads. 5 years to the k8, 30+k and heaps more to come!

I will get a few copies of the local rags ... and PM you my E.mail to send your addy.

Take a look in my photo albums at some of the Queenstown/Paradise sunny day rides.

I pay $170 for a 2 bdrm flat in Alexandra.

bamaboy
7th January 2013, 22:35
I will get a few copies of the local rags ... and PM you my E.mail to send your addy.

Take a look in my photo albums at some of the Queenstown/Paradise sunny day rides.

I pay $170 for a 2 bdrm flat in Alexandra.

170 BUCKS!? thats what i pay for a shitty lil room for which i had to paint over the 1940s wallpaper with all this hassle! hELLO QUEENSTOWN!

This Queenstown Idea IS ALLTIME! TV, bed, whiteware all going firstthing on trademe tom morning. now need to find out cheapest quote to ship the bloody snowboard and kiteboards along with some clean underwear down there.
if you see a blue white gixer zooming down there with a backpack tied sideways to the pillion seat around there. make sure you give me that ace wave! someone even told me once theres less popooo there! but will keep the escort9k wired in regardless :)

FJRider
7th January 2013, 22:58
170 BUCKS!? thats what i pay for a shitty lil room for which i had to paint over the 1940s wallpaper with all this hassle! hELLO QUEENSTOWN!

This Queenstown Idea IS ALLTIME! TV, bed, whiteware all going firstthing on trademe tom morning. now need to find out cheapest quote to ship the bloody snowboard and kiteboards along with some clean underwear down there.
if you see a blue white gixer zooming down there with a backpack tied sideways to the pillion seat around there. make sure you give me that ace wave! someone even told me once theres less popooo there! but will keep the escort9k wired in regardless :)

I'm sure you will be in contact before you come south. We got another Popo on the beat now. Three all up NOW in Paradise ....

The Twizel cop and the Haast cop are pretty mean ...

unstuck
8th January 2013, 05:30
Good for you Bamaboy, taking the grown up approach.:2thumbsup If I ever grow up, thats what I would do.:yes: You will surely love the south island, unless you come to Gorrre of course.:Punk::Punk:

FJRider
8th January 2013, 06:31
Good for you Bamaboy, taking the grown up approach.:2thumbsup If I ever grow up, thats what I would do.:yes: You will surely love the south island, unless you come to Gorrre of course.:Punk::Punk:

He might be able to get Banjo lessons in Queenstown ... ;)

Mom
8th January 2013, 06:37
Let me guess...DC stands for Dirty Cunt!?

Sorry I have no helpful advice but I'm sure Mom will be along shortly with some.:yes:

Hiya!

Some questions for you.

You both signed a fixed term tenancy contract, when it was renewed did you do new paperwork or did you all just verbally agree to extend? Do you have these extensions in writting? Your landlord is the one that has made a mistake by not doing the correct paperwork at the end of the last fixed term. At that point there should have been a new bond lodged. The original bond should have been refunded (requiring both your signatures) and a new bond from the now single lessee lodged. SO there is a clear breach of the rules here. You will have to go to the tribunal (you can down load the form from their website http://www.dbh.govt.nz/tenancy-index) and deposit the fee to lodge at the Westpac bank. You wont have too much trouble getting your bond back.

Now, were you paying rent all the time you were out of the house? If so, then your lovely DC has taken serious advantage. This is not a tennancy issue as I read it. It is a civil matter and will only end in tears. To recover anything out of it you need to take a claim to the Disputes Tribunal. Make sure you include things in your claim like, an agreement that you can not be held account able for any damage to the property while you have been away, that sort of stuff. No one will wln, but it does not cost much and takes up time and will be annoying for DC so might be worth persuing just for the hell of it :)

Next. Are you still paying rent to the landlord? If so you need to stop doing so as you are no longer a joint lessee. You have become a flatmate and need to come to an agreement regarding your share of costs etc. Close that bank account the rent is coming out of for starters. Not your problem now. Keep the landlord appraised of what you are doing. He will miss out on some rent that DC will have to come up with as he is the tenant. Not your problem now.

I am off to work now, but will keep an eye on this thread. PM me if you would like to I am happy to help.

Last bit of advice.

Move out, sooner rather than later.

unstuck
8th January 2013, 06:43
He might be able to get Banjo lessons in Queenstown ... ;)

Depends how many fingers he has.:2thumbsup

FJRider
8th January 2013, 06:46
Hiya!

Some questions for you ....




Looks like he's decided to get a life (back) and seriously looking at a life down here in Paradise. (Well Queenstown anyway)

The flat issues then are really just loose ends that are easily sorted.

FJRider
8th January 2013, 06:48
Depends how many fingers he has.:2thumbsup

It would be easier with 6 fingers .... admittedly ... :pinch:

sinfull
8th January 2013, 07:23
Hiya!

sooner rather than later. Ummmm yep ............ but better late than never

Paul in NZ
8th January 2013, 08:15
CRACKUP dangsta! :)

paul, bandit bandit and rest of you grown up lots. thanks for the advice. it has been complied with!

topped up the sanity with reps to all you fellas including those with sheldonitis as I guess you still spent time out of your lives to read about and sort another biker out!

so yup big thanks everyone!

Its all good...

What I have found is that any fool can adopt an intractable or actively hostile position and ramp up an argument which will end up with you explaining it all to a judge or a policeman while you slowly realize that you may have just let things get a tad out of hand.... OR remember that you should always leave something on the table for the other guy or at least an honorable way out. Once one side acts reasonably the other side usually does likewise BUT if they don't - you can at least say you tried before punching them in the throat...

If its really getting heated stop and think - would I really want to go to jail over this?

Glad you had a good outcome....

Berries
8th January 2013, 22:44
He might be able to get Banjo lessons in Queenstown ... ;)
Well let's face it, he'll struggle to get good flat mates.

jasonu
9th January 2013, 12:14
Hiya!

Some questions for you.

You both signed a fixed term tenancy contract, when it was renewed did you do new paperwork or did you all just verbally agree to extend? Do you have these extensions in writting? Your landlord is the one that has made a mistake by not doing the correct paperwork at the end of the last fixed term. At that point there should have been a new bond lodged. The original bond should have been refunded (requiring both your signatures) and a new bond from the now single lessee lodged. SO there is a clear breach of the rules here. You will have to go to the tribunal (you can down load the form from their website http://www.dbh.govt.nz/tenancy-index) and deposit the fee to lodge at the Westpac bank. You wont have too much trouble getting your bond back.

Now, were you paying rent all the time you were out of the house? If so, then your lovely DC has taken serious advantage. This is not a tennancy issue as I read it. It is a civil matter and will only end in tears. To recover anything out of it you need to take a claim to the Disputes Tribunal. Make sure you include things in your claim like, an agreement that you can not be held account able for any damage to the property while you have been away, that sort of stuff. No one will wln, but it does not cost much and takes up time and will be annoying for DC so might be worth persuing just for the hell of it :)

Next. Are you still paying rent to the landlord? If so you need to stop doing so as you are no longer a joint lessee. You have become a flatmate and need to come to an agreement regarding your share of costs etc. Close that bank account the rent is coming out of for starters. Not your problem now. Keep the landlord appraised of what you are doing. He will miss out on some rent that DC will have to come up with as he is the tenant. Not your problem now.

I am off to work now, but will keep an eye on this thread. PM me if you would like to I am happy to help.

Last bit of advice.

Move out, sooner rather than later.

You're a bit late sista.

wickle
9th January 2013, 14:43
('and takes over the 3 garages of the flat with his business stuff. )

does the council know he's running a business from residental property, down this way % of rates are allocated at commerical rates if you run a business from residental property . landlord would not be happy with him! I may have missed what type of business he is running but a lot require a licence to do so!

bamaboy
9th January 2013, 22:22
no worries mom its all sorted. all correct paperwork done. i just told the guy at the end of it, if he wants the flat he can have it, id rather go my own way.

berries! who cares abt flatmates at the rates one pays there.

and wickles. thanks again for the rates info. wud had come in handy to get back to him. he sells swords n armour, landlord is lazy ass and is in UK mos tof the year. they dont care. I actually have no problems with the dude anymore. have washed my hands clean what he and landlord does are none of my business anymore. i wish him good luck and happiness at the end of the day. lived with the guy for 3 years, possibly he screwed up his meds in the last 2 weeks n was going psychotic. not my problem. was actually a reality chk fo rme. heaps of epic options out there. its time to move on. great reason to declutter and downsize. here is a funny one. trade me sent me a "proofofpurchase" check request on my washing machine listing on trademe. they want me to get a photo of a newspaper or junk mail from NZ to prove that "i" have a washing machine and its in nz, apparently they send out 500 such requests every week to random people. after 148 positive trades i find myself take a photo of nz herald and womans day with my rickety ol washing machine. thanks to all those escrow scams going around. not really sure how they suppose i can sell a fake washing machine to someone who will have to pick up the bloody thing for gods sake for cash. derp derpaderpamaniaaaaaa!
i cudnt help cracking up!

well thanks again fellas

keep riding!

bosslady
10th January 2013, 06:18
lol, you're funny.