Redundancy is a bitch, as are other things...

[Mom]

Surely the fact that the four of us were in the room at the time when she said the carpet was ok as it was so old anyway would count for something though?

And also the fact that she deliberately lied to them directly, saying we deliberately burned her brand new carpet out of malice etc would help them see through her? AND that she never showed up to the mediation because she didn't tell them her new address, and now wants another one and says it's not fair that she didn't get a chance with the first one??

I mean, she shouldn't stand a chance. She approved the house, and told us the bond was on it's way, and then changed her mind. I mean WTF?? How is that fair? And with this other jackass who apparently co-owns the house - we've never met this guy and never had any dealings with him until now. Surely any one with half a brain would be able to see through this and see who is in the wrong here.

The four of you will have to appear before the Tribunal as witnesses to state your case. Unfair is not an emotion that is really recognised by Tribunal. Although I once got a claim for inconvienencing a tenant upheld against me. You simply must approach this in a cool and calculating way, a smart landlord will run rings around you in Tribunal and make you look like a fool, trust me, I have done it to tenants when deserved with good results.

EDIT: The fact she did not show for mediation means nothing, I have had tenants not turn up for mediations, rescheduled to suit them and they still not show. Makes no difference when you get to Tribunal at all, the adjudicator will only know that no mediation has happened and dismiss any talk for the reasons why.

[DarkLord]

The four of you will have to appear before the Tribunal as witnesses to state your case. Unfair is not an emotion that is really recognised by Tribunal. Although I once got a claim for inconvienencing a tenant upheld against me. You simply must approach this in a cool and calculating way, a smart landlord will run rings around you in Tribunal and make you look like a fool, trust me, I have done it to tenants when deserved with good results.

I don't think she falls into the category of smart, somehow. She loses her temper at the drop of a hat and just starts blabbering on about any old bullshit. The four of us will stand and make our case, and I should be able to do it via phone. It's at the North Shore District Court, which I find interesting - I would have thought that it would have gone to the Tenancy Tribunal instead.

[Mom]

I don't think she falls into the category of smart, somehow. She loses her temper at the drop of a hat and just starts blabbering on about any old bullshit. The four of us will stand and make our case, and I should be able to do it via phone. It's at the North Shore District Court, which I find interesting - I would have thought that it would have gone to the Tenancy Tribunal instead.

The Tenancy Tribunal is upstairs at the North Shore District Court.

[DarkLord]

EDIT: The fact she did not show for mediation means nothing, I have had tenants not turn up for mediations, rescheduled to suit them and they still not show. Makes no difference when you get to Tribunal at all, the adjudicator will only know that no mediation has happened and dismiss any talk for the reasons why.

So why is this beginning to sound more and more like they are going to side with her?? She tries to rip us off and according to them can do no wrong whatsoever??

[DarkLord]

The Tenancy Tribunal is upstairs at the North Shore District Court.

Ah, that makes sense. Thanks.

[Mom]

So why is this beginning to sound more and more like they are going to side with her?? She tries to rip us off and according to them can do no wrong whatsoever??

They are not going to side with her at all mate, my experiences are that Tribunal is fair and just, but alot of decisions go the way of the tenant. You simply must be well prepared, have everything documented with copies for the Adjudicator and the landlord. Be precise, be calm and stick to the facts without emotion. Do not speak over the top of the landlord if you disgree with them, make a note of it and rebutt what was said when you get your chance to speak.

[imdying]

I have offered to assist the OP with his tenancy issues both by PM and on this thread. I reassert my claim that the text message is worthless, a text saying the tribunal should not be long with the bond is a nothing unless it forms part of a whole picture and is presented to the Tribunal in a logical and meaningful way.

I wish him luck getting this sorted.

:shrug: I talk with DT and TT adjudicators every week, over a range of topics; they advise that the value of the text message would be weighted along with any other evidence... as you've just stated... In other words, 'worthless' is incorrect... every piece of the puzzle is taken into consideration...

[DarkLord]

Update:

The case goes to court at 9:30 tomorrow morning. My presence is not required, so as for now I remain in Taupo and the other 3 guys are going to speak on my behalf. My flatmate has shown me a list of the arguments he and the others have put down, and it looks good, even though it was only half finished when I last saw it.

I shall post again tomorrow with the outcome once I hear it.

*fingers crossed*

[DarkLord]

Update:

The hearing was this morning.

The female landlord we have been having dealings with, didn't even show up, and left everything to the guy that we had never met.

I wasn't there, so I am going by the stories of the other 3 guys but apparently he waffled on for ages about all this bullshit he was claiming for. When our turn came, we had a long written argument disputing everything that he said, and he ended up getting all flustered and confused, then tried to make excuses for the female landlord "she has a very busy schedule" etc etc.

The judge rubbished most of his claims. There are a couple, however, that we may be liable for, one being the burn that was repaired (I think that only the one of us may be liable for that) and for the garden, which was a mess. The landlord said she didn't expect us to maintain it if we didn't use it, and we did tell him that, but apparently we may still be liable for it. However, if that is the case I am not too worried.

He is going to assess the possible claims and get back to us. Once we have our bond back, the email flaming can finally begin.