Order of the Tenancy Tribunal
|
|
- Gregory Fox
- 5 years ago
- Views:
Transcription
1 Order of the Tenancy Tribunal Residential Tenancies Act 1986 Office of the Tenancy Tribunal Tenancy Tribunal at Wellington Tenancy Address Flat 1, 164 Glenmore Street, Northland, Wellington 6012 Applicant Full Name Harish Negi Tenant Respondents Full Name Specialist Property Managers Ltd Landlord Order of the Tribunal The Tribunal hereby orders: 1. Specialist Property Managers Ltd to pay Harish Negi to pay the sum of $ immediately as compensation for lack of facilities in the tenancy: (Sections 77(2)(k) and 78(1)(d) Residential Tenancies Act 1986) 2. The remainder of the tenants applications are dismissed. (Section 78(1)(i) Residential Tenancies Act 1986) Reasons: 1. The tenant applies to the Tribunal, seeking an order that the fixed term tenancy period be reduced. The tenant also seeks other orders in the nature of compensation, and a declaration. I will consider the various applications in turn. Reduction of fixed term tenancy 2. Prior to the commencement of the tenancy being the subject of this application, the tenant
2 applied for tenancy with the Wellington City Council. No properties were available, but the tenants kept their application live with the Council. The tenants then entered into a fixed term tenancy agreement for these premises in Glenmore Street, Northland. The tenancy agreement records that as a fixed term tenancy between 18 March 2017, and 18 March The tenancy agreement also records that the tenant was not to assign or part with possession of the tenancy, during the course of the fixed term tenancy. During the course of the fixed term tenancy, the Wellington City Council offered the tenants a Council property, and that was accepted by the tenants who moved into those alternate premises. The tenants have requested the landlord terminate the fixed term tenancy in Glenmore Street early, on the grounds that they would otherwise be paying for two tenancies. The landlord (who is a property manager) put that request to the owner, who declined the request. The tenants have applied to the Tribunal seeking an order that the period of the fixed term tenancy be reduced. The tenant states that when the tenancy agreement was first into, that the landlord s representative indicated the period of the tenancy could be truncated. There is a disagreement between the parties as to the exact undertaking made orally. The landlords representative at the hearing, who is the same representative who is said to have made the undertaking, states that the tenant was advised that any request to reduce the term of the tenancy would need to be approved by the owner. The tenant on the other hand, considers the offer to reduce the term of the tenancy, was not couched in terms that the landlord s approval was necessary, and an early termination could occur on request with payment of a fee. Section 66 of the Residential Tenancies Act 1986 (the Act) provides the tribunal with the ability to terminate, or reduce the term of a fixed term tenancy: " where [the Tribunal] is satisfied that, because of an unforeseen change in the applicants circumstances, the severe hardship which the applicant would suffer if the term of the tenancy were not reduced would be greater than the hardship which the other party to the tenancy would suffer if the term were reduced." As I indicated during the hearing, it is difficult to see that unforeseen circumstances have arisen for the tenant. Firstly, notwithstanding the Council advising that the prospect of receiving a Council tenancy was low, given the tenants maintained their application with the Council for a Council tenancy, it cannot have been unforseen when such a property was offerred. Secondly, if the unforeseen circumstances are viewed to be the hardship that has arisen for the tenants, again that would not be an unforeseen circumstance. The tenants must have known that by entering into a lease for a second tenancy with the Council, that they would be paying two payments of rent, unless they were successful in having the first tenancy period reduced. 13. I have considered whether the landlord s representative had made and undertaking to the
3 tenants, that they fixed term period could be truncated on request. I m not persuaded that such an undertaking was made. It is manifest, that when parties enter into a fixed to agreement, that there is an expectation of the agreement being for the full period. It would not be unusual for a landlord to say to a tenant, that they would be welcome to request a reduction of the period of the tenancy, that would be considered, and decided whether the reduction could be granted at that time. It would however, be extremely unusual for a landlord to enter into a fixed term tenancy but at the same time, tell the tenant that if they wanted to end the tenancy early, they could do so on request. Even if a further listing fee was paid, that would defeat the purpose of having the security a fixed term tenancy normally provides. It is not of itself unusual for tenants and landlords to agree to vary the period of a fixed term tenancy. Normally a request is made by one party to the other, then following negotiation, an agreement to variation of the tenancy period is reached. However there is no obligation on either party to accept such a request. For the above reasons, I find it has not been established that there are grounds to reduce the term of the fixed term tenancy Power usage The tenant seeks compensation for proposed higher power usage on the grounds that the tenancy is cold and damp. In support of the application, the tenant has provided a comparison between power bills for a different property. I find this claim has not been established for the following reasons. a. b. c. I agree with the landlord, that power usage over the winter months would be expected to be higher, noting the invoices are for the period between May and September. It is difficult to compare two different dwellings power usage. Rarely will two dwellings be the same, such as for example, orientation to the sun, installation, size, etc. I am not persuaded that there is sufficient evidence to support some material defect with this tenancy, which would require compensation for power usage. I find this claim has not been established Compensation for services and appliances not working The tenant says that when they moved into the property, they were unable to use the cooktop, washing machine, or hot water, because there was a problem with the gas or water pressure or the appliance. The tenant says it took four weeks for that problem to be remedied. The landlord does not dispute there were problems with the services / appliances, but advised she was uncertain as to the period over which the services would have been unavailable.
4 I have no reason to doubt the representation of the tenant, that they were without they mentioned facilities, between 18 March 2017, and 14 April That would be entirely consistent with the contemporaneous correspondence on file. Cooking, washing and hot water facilities must be provided by the landlord, and I accept they would not. It is reasonable therefore, that the tenant receive compensation for the period under which they were paying rent, but not getting those facilities from the landlord. The tenant has claimed compensation of $100 per week, totalling $400, noting also that they would need to purchase takeaway food given the lack of cooking facilities. That claim is in my view, reasonable. The Tribunal orders the landlord to pay $400 compensation for the lack of facilities Misrepresentation regarding installation The tenant says that the landlord misrepresented the state of insulation in the property on the tenancy agreement. The landlord confirmed that in December 2017, arrangements had been made for installation to be installed into the tenancy. I m not persuaded the landlord has misrepresented the installation in the tenancy agreement. The tenancy agreement includes a section on page 4, where the landlord can tick the location of the installation, no boxes are ticked. That section also requires the landlord s signature and date, and again that is blank. It is the case that Parliament have introduced minimum standards in relation to installation in residential tenancies. However, the landlord is correct, that these minimum requirements will only come in to force in tenancies such as this tenancy, on 1 July I cannot see that the landlord has failed to comply with its requirements in relation to installation under the relevant regulations, nor misrepresented that situation on the tenancy agreement. This application is dismissed Compensation for being unable to use one bedroom The tenant says that one of the bedrooms was damp and unusable. The landlord has produced a builders assessment report from Dwayne Allan dated 15 November In my view, this report seems objective, and includes photographs. I can see no reason why this report should not be accepted. The assessor reports a range of deficiencies with the premises, including a lack of ventilation, accepting that the dwelling is subject to heavy condensation as a result. In relation to the bedroom the subject of this claim, the assessor states: South facing bedroom which receives no direct sunlight. Vegetation close to the house, though not observed the tenant complains of mould and condensation.
5 I accept that there were likely to be general difficulties with this tenancy with respect to ventilation and condensation. That is confirmed in the builders report, which also reports areas of mould in the laundry, but also identified an issue with exterior laundry wall, which I take to account for that mould issue. However the builder while recording the report from the tenant of moisture and mould in the bedroom, did not identify any such issues on his assessment. I have also reviewed the correspondence provided by the tenant, and conclude that no issues were raised with the landlord regarding the bedroom being uninhabitable. If there was a significant issue with this room, I would have anticipated seeing it raised in correspondence, as the tenant had done with other problems with the tenancy. I also recognise that the landlord has responded to issues with ventilation raised by the tenant. Extractor fans have been installed, as has a Shower Dome. That landlord has also obtained a quotation for a home ventilation system for the dwelling. However I conclude there is insufficient evidence to show this particular bedroom was uninhabitable Refund of the letting fee The tenant claims a refund of the letting fee, on the basis that the tenant does not consider that the landlord s representative, has done a proper job of insuring the property was in order. In particular, mention was made of the problems with the gas line, and that the Electric cooktop was not functioning. I do not consider there is any ability in law, to order the letting fee to be returned to the tenants, as is claimed. If there are defects with the property, then the tenant is able to pursue the landlord for compensation for those defects with the Tribunal, as has occurred in this case Declaration of non-liability with respect to dampness and moisture. The tenants seek a declaration from the Tribunal, that when the tenancy comes to an end, that they will not be liable for any damage to the property from mould, or moisture. Certainly the Tribunal could provide a declaration of non-liability, but that is only an application the Tribunal would consider granting, at the end of the tenancy. The Tribunal would wish to evaluate the totality of the evidence at the end of the tenancy, to be satisfied that if there was a potential liability arising from mould or moisture, that there was no responsibility on the part of the tenant. What the tenant is requesting the Tribunal to do at this stage, is to provide an order in the abstract, for a situation, which may be quite different at the end of the tenancy. However, at the hearing the landlords representative acknowledged that it was recognised there were mould issues in this tenancy as confirmed in the builders report, that would not be the responsibility of the tenants, as it was an issue with the dwelling per se.
6 43. For the above reasons, the Tribunal declines to provide the declaration of non-liability, at this time.
Order of the Tenancy Tribunal
Order of the Tenancy Tribunal Residential Tenancies Act 1986 Office of the Tenancy Tribunal Tenancy Tribunal at Rotorua Tenancy Address 36d Seddon Street, Glenholme, Rotorua 3010 Applicant Full Name William
More informationOrder of the Tenancy Tribunal
Order of the Tenancy Tribunal Residential Tenancies Act 1986 Office of the Tenancy Tribunal Tenancy Tribunal at Hamilton Tenancy Address 194a Cambridge Road, Hillcrest, Hamilton 3216 Applicant Full Name
More informationOrder of the Tenancy Tribunal
Order of the Tenancy Tribunal Residential Tenancies Act 1986 Office of the Tenancy Tribunal Tenancy Tribunal at Wellington Tenancy Address 18a Rochester Street, Wilton, Wellington 6012 Applicant Full Name
More informationMould can cause a state of disrepair at rental premises. This can be the result of a breach of the tenancy agreement by the lessor or the tenant.
As a tenant you have rights and responsibilities under the Residential Tenancies Act 1987 (the Act). This fact sheet explains the law in Western Australia about mould and incorporates the changes made
More informationTENANCY LAW FOR OLDER TENANTS. Residential Tenancies Act 2010
TENANCY LAW FOR OLDER TENANTS Residential Tenancies Act 2010 1 RESIDENTIAL TENANCIES LAW Most NSW residential tenancies covered by Residential Tenancies Act 2010 Residential Tenancies Regulation 2010 These
More informationFixed-Term Residential Lease
Fixed-Term Residential Lease 1. Identification of Landlord and Tenants. This Agreement is made and entered into on, 2015, between ("Tenants") and VistaVida ("Landlord"). Each Tenant is jointly and severally
More informationDispute Resolution Services
Dispute Resolution Services Page: 1 Residential Tenancy Branch Office of Housing and Construction Standards A matter regarding DAVID BURR LTD. and [tenant name suppressed to protect privacy] DECISION Dispute
More informationLANDLORDS TERMS AND CONDITIONS
LANDLORDS TERMS AND CONDITIONS AGENCY AGREEMENT Between Cloud9 Aspirational Property Management Limited The Old Chapel, 14 Fairview Drive, Redland, Bristol, BS6 6PH and Landlord s name/s (all joint landlords):..
More informationDefinition of residential premises. 11 Offence
RENT INCREASES STATUTORY REFERENCES Residential Tenancies Act (RTA) sections: 1(1)(e) 1(1)(f) 1(1)(i) 1(1)(j) 1(1)(k) 1(1)(l) Definition of fixed term tenancy Definition of landlord Definition of periodic
More informationDispute Resolution Services
Dispute Resolution Services Page: 1 Residential Tenancy Branch Office of Housing and Construction Standards A matter regarding DEVON PROPERTIES LTD. and [tenant name suppressed to protect privacy] DECISION
More informationHow to Get Your Landlord To Make Repairs... Rent Escrow
How to Get Your Landlord To Make Repairs... Rent Escrow TABLE OF CONTENTS Residential Landlords Duties..................................................... 2 What to do if Your Landlord Will Not Make Repairs...3
More informationGENERAL CONDITIONS OF AUCTION
GENERAL CONDITIONS OF AUCTION PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ENTERING A VEHICLE FOR SALE, OR BEFORE BIDDING OR BUYING. YOU WILL BE BOUND BY THESE TERMS AND CONDITIONS. COPIES OF
More informationDispute Resolution Services
Dispute Resolution Services Page: 1 Residential Tenancy Branch Office of Housing and Construction Standards DECISION Dispute Codes RR, MNDC, FF Introduction This hearing dealt with the tenants Application
More informationAPARTMENT LEASE AGREEMENT
APARTMENT LEASE AGREEMENT This Apartment Lease Agreement ("Lease") is made and effective this day of, 201_ by and between Aguas Properties LLC. ("Landlord") and ("Tenant," whether one or more). This Lease
More informationAGREEMENT for letting furnished dwelling house on an assured shorthold tenancy
AGREEMENT for letting furnished dwelling house on an assured shorthold tenancy DATE PARTIES 1. The LANDLORD Vince Norvill 1, Saville Close Cheltenham Gloucestershire GL50 4NE Tel: 07931 630408 Email: vince@yourperfectpad.com
More informationDispute Resolution Services
Dispute Resolution Services Page: 1 Dispute Codes: MNR, MND, MNDC, FF Introduction Residential Tenancy Branch Office of Housing and Construction Standards DECISION This hearing dealt with an application
More informationSTATUTORY INSTRUMENTS. S.I. No. 534 of 2008 HOUSING (STANDARDS FOR RENTED HOUSES) REGULATIONS 2008
STATUTORY INSTRUMENTS S.I. No. 534 of 2008 HOUSING (STANDARDS FOR RENTED HOUSES) REGULATIONS 2008 (Prn. A8/1982) 2 [534] S.I. No. 534 of 2008 HOUSING (STANDARDS FOR RENTED HOUSES) REGULATIONS 2008 1. Citation
More informationLETTINGS INSTRUCTION AGREEMENT ORCHARD. orchard-online.co.uk
LETTINGS ORCHARD Sales Lettings Property Management Land and New Homes INSTRUCTION AGREEMENT Offering unrivalled levels of personal service in property to our valued clients orchard-online.co.uk PERSONAL
More informationThe Basics of a Commercial Lease
The Basics of a Commercial Lease Contents Introduction 3 First things first, what is a commercial lease? 3 What s the difference between a commercial property lease and a residential one? 4 Are there ever
More informationPru Archer & Tash Burden
Pru Archer & Tash Burden *Properties closer to the university can be more expensive and there s more competition for tenancies and pressure from landlords and agents to rush a decision *Consider Bishopston,
More informationUseful Information for home owners. Service Charge Accounts
Useful Information for home owners Service Charge Accounts What is a service charge? Service charges are charges billed to home owners for the cost of any repairs and services we provide during the year.
More informationCommonly Asked Questions by Kansas Tenants and Landlords
Commonly Asked Questions by Kansas Tenants and Landlords Call Housing and Credit Counseling, Inc. (HCCI), Topeka to find out about your rights and responsibilities in a rental situation 785-234-0217 or
More informationTerms of Business (v4.0)
Terms of Business (v4.0) These Terms of Business set out the services The Agent can provide to The Landlord and also set out the corresponding responsibilities of The Landlord. Please read these Terms
More informationResidential Tenancy Agreement
Residential Tenancy Agreement ADDRESS OF PREMISES: Unit: Street No: Street Name: OWNER: LANDLORD acting on behalf of the OWNER LANDLORD S Person/Agent Responsible for Tenancy Suburb: Town: P\Code: Residential
More informationEarly Termination of a Fixed Term Tenancy Agreement by Tenants
Early Termination of a Fixed Term Tenancy Agreement by Tenants 1. Ending the agreement because your landlord breached the tenancy agreement (s70 of the Residential Tenancies Act 1987) Section 70 of the
More informationINFORMATION BROCHURE
INFORMATION BROCHURE The information in this brochure is a summary of the Residential Tenancies Act 1995, it does not replace it. The Residential Tenancies (General) Regulations 2010 provide that a landlord
More informationADVICE NOTE YOUR RIGHTS TO INFORMATION. A summary of your rights to information as a leaseholder
ADVICE NOTE YOUR RIGHTS TO INFORMATION A summary of your rights to information as a leaseholder 2 CONTENTS Note: As the leading trade body for residential leasehold management, ARMA is also an important
More informationtenancy agreements What to look for in a tenancy agreement ueastudent.com/advice
tenancy agreements What to look for in a tenancy agreement. 1 What do I have to sign to rent a house? When you sign up for a rented house, you will have to sign a tenancy agreement. A tenancy agreement
More informationIN THE DISPUTES TRIBUNAL [2016] NZDT 906 APPLICANT XL LIMITED RESPONDENT. Date of Order: 16 March 2016 ORDER OF THE DISPUTES TRIBUNAL
IN THE DISPUTES TRIBUNAL [2016] NZDT 906 BETWEEN CP LIMITED APPLICANT AND XL LIMITED RESPONDENT Date of Order: 16 March 2016 Referee: Referee Perfect ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby
More informationA Guide to Check in & Check out Reports, Inventories & Schedules of Condition
A Guide to Check in & Check out Reports, Inventories & Schedules of Condition tel: 08450 940 740 email: info@tdsnorthernireland.com www.tdsnorthernireland.com TDS Northern Ireland, Arthur House, 41 Arthur
More informationLEASE RESIDENTIAL PREMISES
LEASE RESIDENTIAL PREMISES 1. Parties to the lease Landlord Name: Address: ID No.: Phone number: E-mail: Tenant Name: Address: ID No.: Phone number: E-mail: When the Rent Act states the requirement that
More informationREQUEST FOR CONSENT TO ALTER OR ADD TO A LEASEHOLD PROPERTY Guidance Notes for Leaseholders
Introduction Homeground and Leasehold Property Alterations Homeground Management Limited ( Homeground ) acts as an agent for a large number of companies which own Freehold and other Landlord interests
More informationChanges to the Residential Tenancies Act 1987
Department of Commerce Consumer Protection Changes to the Residential Tenancies Act 1987 NB The information contained in this presentation is an overview of the major changes to the Residential Tenancies
More informationALTERATION WORK IN APARTMENTS IN RIGHT-OF-OCCUPANCY HOUSING
ALTERATION WORK IN APARTMENTS IN RIGHT-OF-OCCUPANCY HOUSING Living in a right-of-occupancy apartment gives you a great opportunity to influence matters related to your home. For example, it is possible
More informationTERMS AND CONDITIONS OF SALE England Greene, Tweed & Co., Limited. Act the Late Payment of Commercial Debts (Interest) Act 1998;
TERMS AND CONDITIONS OF SALE England Greene, Tweed & Co., Limited In these Conditions the following words shall have the following meanings:- Act the Late Payment of Commercial Debts (Interest) Act 1998;
More informationINFORMATION BROCHURE
INFORMATION BROCHURE The information in this brochure is a summary of the Residential Tenancies Act 1995, it does not replace it. The Residential Tenancies Act 1995 requires that a landlord or agent must
More informationDispute Resolution Services
Dispute Resolution Services Page: 1 Residential Tenancy Branch Office of Housing and Construction Standards DECISION Dispute Codes Tenants application: MNDC, MNSD, FF Landlord s application: MND, FF Introduction
More informationRent and other charges
Tenancy Facts Information for tenants and residents in Queensland Rent and other charges When you rent a place to live, you are required to pay the rent on time in accordance with the agreement. You may
More informationNotice for breach of duty to tenant/s of rented premises
Residential Tenancies Act 1997 (the Act), S208(1) & (2) Warning: Enter text in spaces provided only. This form will be invalid if you remove or change any questions or other text. Use this form for giving
More informationSubmission on Residential Tenancies Amendment Bill (No. 2)
Submission on Residential Tenancies Amendment Bill (No. 2) Contact Person: John Hancock Senior Legal Adviser New Zealand Human Rights Commission johnh@hrc.co.nz Submission of the Human Rights Commission
More informationLeases of land and/or buildings to sailing clubs generally fall within the provisions of Part II of the Landlord and Tenant Act 1954.
LEASE RENEWALS THE LANDLORD AND TENANT ACT 1954 Overview: Leases of land and/or buildings to sailing clubs generally fall within the provisions of Part II of the Landlord and Tenant Act 1954. The Act broadly
More informationLEASE CONTRACT. PROPERTY TO LEASE OR LET: EKATERINI I, 48 Kyriacou Matsi Avenue, Nicosia, 2409, Cyprus.
LEASE CONTRACT OWNER: TENANT: FLAT TENANT (ID ) PROPERTY TO LEASE OR LET: EKATERINI I, 48 Kyriacou Matsi Avenue, Nicosia, 2409, Cyprus. RENT FOR ONE YEAR:., Monthly for the duration of the term. TERM:
More informationOrder of the Tenancy Tribunal
Order of the Tenancy Tribunal Residential Tenancies Act 1986 Office of the Tenancy Tribunal Tenancy Tribunal at North Shore Tenancy Address 436 Paremoremo Road, Paremoremo, Auckland 0632 Applicant Full
More informationDO YOU RENT? A Guide to Residential Tenancies in Nova Scotia
DO YOU RENT? A Guide to Residential Tenancies in Nova Scotia How to Use This Guide: This Guide is an easy-to-use reference for landlords and tenants. It covers more than 60 common questions about renting
More informationTerm: A term of five years from the << >> day of << >> 20 << >>
T E N A N C Y A G R E E M E N T AGREEMENT dated the > day of > 20 > Landlord: Tenant: Property: > > The house
More informationLANDLORD / TENANT {RELATIONS}
LANDLORD / TENANT {RELATIONS} THE RENTAL AGREEMENT {written and/or verbal} When a landlord rents a residence to a tenant, it is highly recommended that the two parties enter into a rental agreement. This
More informationOrder of the Tenancy Tribunal
Order of the Tenancy Tribunal Residential Tenancies Act 1986 Office of the Tenancy Tribunal Tenancy Tribunal at Hamilton Tenancy Address 83 Heath Street, Saint Andrews, Hamilton 3200 Applicant Full Name
More informationOrder of the Tenancy Tribunal
Order of the Tenancy Tribunal Residential Tenancies Act 1986 Office of the Tenancy Tribunal Tenancy Tribunal at Dunedin Tenancy Address 20 Lewin Street, Balclutha 9230 Applicant Full Name Jordan Aaron
More informationand the tenant/s... Name of each of the persons who will occupy the premises as a residence
Ver: Sept 17 It is agreed that the lessor grants to the tenant for value a right of occupation of the premises for use as a residence by the tenant in accordance with this tenancy agreement (including
More informationDeed of Guarantee (Limited)
Deed of Guarantee (Limited) IMPORTANT WARNING TO INTENDED GUARANTOR/S: By signing this document you agree to underwrite the rental and other responsibilities of the Tenant under his/her tenancy agreement.
More informationLANDLORD FEE INFORMATION
LANDLORD FEE INFORMATION We are proud to be an ARLA Licensed member WWW.ARLA.CO.UK Client Money Protection (CMP) provided by: ARLA Independent Redress Provided by: The Property Ombudsmen Service Tenant
More informationTerms of Business, Landlord Insurances & Property Information (v2.0)
Terms of Business, Landlord Insurances & Property Information (v2.0) 1 General Agreements 1.1 By signing this document, The Landlord is appointing Belvoir! as The Agent. The Landlord confirms that he has
More informationTenancy Deposit Protection Adjudication Case Studies October 2011
Case Study 1 Damage caused by fire A barbecue connected to mains gas in an outhouse caused a significant fire at the property. There was no gas safety certificate for the barbecue. The Landlord's insurers
More informationPurchase of a leasehold residential property
Purchase of a leasehold residential property Our fees cover all the work required to complete the purchase of your new home, including dealing with registration at the Land Registry and dealing with the
More informationA guide to the let only scheme
Who should read this? Key Documents Tenants Agents Landlords A guide to the let only scheme A guide to the let only scheme Why let only? Following consultation, members told us that they wanted TDS to
More informationNotice for breach of duty to landlord of rented premises
Residential Tenancies Act 1997 (the Act), S208(1) & (2) Warning: Enter text in spaces provided only. This form will be invalid if you remove or change any questions or other text. Use this form for giving
More informationRESIDENTIAL LEASE. This is a sample. Your actual document will vary depending on the answers you provide to the form questions.
This is a sample. Your actual document will vary depending on the answers you provide to the form questions. RESIDENTIAL LEASE Parties The parties to this residential lease ("Lease") are "Landlord" and
More informationOur approach to unfair contract terms
Who should read this? How To (Post-Tenancy) Tenants Agents Landlords Our approach to unfair contract terms Here are some pointers from TDS on our approach to claims about unfair contract terms. We hope
More informationDispute Resolution Services
Dispute Resolution Services Page: 1 Residential Tenancy Branch Office of Housing and Construction Standards A matter regarding Vancouver Kiwanis Senior Citizens Housing Society and [tenant name suppressed
More informationRECOVERING COSTS IN THE LVT. CIH Home Ownership & Leasehold Management Conference & Exhibition 5 and 6 February 2013
RECOVERING COSTS IN THE LVT INTRODUCTIONS MARK OAKLEY Why is it important? How else would the costs be paid? Do you really want to? Funding litigation Typical Scenarios Lessee Application regarding service
More informationProperty Management Authority
Landlord No: Property Management Authority Owners Details Name:. Bus:... Res:... Mob:... PO Box:... Email:... Contact Address:...... Statements delivered by: Email: Contact Address: PO Box: Direct Credit
More informationNotice to landlord of rented premises
Residential Tenancies Act 1997 (the Act) Warning: Enter text in spaces provided only. This form will be invalid if you remove or change any questions or other text. Use this form to give notice to the
More informationTenants Handbook. Essential Information and Advice for Tenants
Tenants Handbook Essential Information and Advice for Tenants Welcome to your new home We hope you settle in well and enjoy living here. Preston Baker is the Managing Agent for this Property. That means
More informationHOME LOSS AND DISTURBANCE POLICY
ARK HOUSING ASSOCIATION LTD POLICY REF: HM12 Version 2.0 - October 2013 HOME LOSS AND DISTURBANCE POLICY 1.0 POLICY STATEMENT 1.1 Ark Housing Association may make payment to tenants in a number of circumstances
More informationLETTING & MANAGMENT TERMS AND CONDITIONS
LETTING & MANAGMENT TERMS AND CONDITIONS Thank you for instructing Blackstones Residential to act on your behalf in marketing your property for rental. Our terms and conditions are detailed in the following
More informationDispute Resolution Services
Dispute Resolution Services Page: 1 Residential Tenancy Branch Office of Housing and Construction Standards A matter regarding MOUNT BENSON SENIOR CITIZENS HOUSING SOCIETY and [tenant name suppressed to
More information1.1 grant, continuance, extension, variation, or renewal of any tenancy agreement; or
In Confidence Office of the Minister of Housing and Urban Development Chair, Cabinet Business Committee Prohibiting letting fees under the Residential Tenancies Act 1986 Proposal 1 I seek Cabinet approval
More informationPACE Customer Agreement
1. Property Owner: 2. Property Owner: 3. Property Owner*: Civic Address: Name Name Name House Number and Street Community Property Tax Information: RR# Assessment Roll Number Postal Code * If there are
More information[2019] NZTT Whanganui , , , , , , ,
[2019] NZTT Whanganui 4151838, 4151865, 4151887, 4151907, 4151911, 4151923, 4151916, 4151917 TENANCY TRIBUNAL AT Whanganui APPLICANT: The Chief Executive, Ministry of Business Innovation and Employment
More informationTerms of Business (v4.0)
Terms of Business (v4.0) These Terms of Business set out the services The Agent can provide to The Landlord and also set out the corresponding responsibilities of The Landlord. Please read these Terms
More informationNEW YORK MONTH-TO-MONTH LEASE AGREEMENT
NEW YORK MONTH-TO-MONTH LEASE AGREEMENT This Lease Agreement ( Lease ) is entered by and between ( Landlord ) and ( Tenant ) on. Landlord and Tenant may collectively be referred to as the Parties. This
More information10 April But rarely is this the position in practice.
Bank Guarantees 10 April 2014 Most construction contracts for large scale infrastructure and commercial projects require contractors to provide a principal with an unconditional bank guarantee to secure
More informationRepairs & maintenance
Tenancy Facts Information for tenants and residents in Queensland Repairs & maintenance When you rent a place to live, the lessor, agent or provider must ensure the place is fit for you to live in and
More informationBioquell Inc. Standard Terms and Conditions for the Sale of Goods & Supply of Services (version: [December 2010])
Bioquell Inc. Standard Terms and Conditions for the Sale of Goods & Supply of Services (version: [December 2010]) 1. INTERPRETATION In these Conditions, unless the context otherwise requires: 1.1. Authorized
More informationSole Agency Agreement
Sole Agency Agreement You should read this document thoroughly. If you have difficulty in understanding any of the terms or conditions laid out in this document, we strongly recommend that you seek the
More informationLEASE AGREEMENT (College Housing Full Apartment) (2) SSN: (3) SSN: (4) SSN: (5) SSN: (2) (3) (4)
The parties signing below agree as follows: LEASE AGREEMENT (College Housing Full Apartment) Date of this Lease: As of, 20 Parties to this Lease and their addresses: Landlord: Lyon I LLC Address: P.O.
More informationConfirmation of Purchase Order/Terms and Conditions of Sale 1. ACCEPTANCE OF ORDER: Natel Engineering Co., Inc. or it s Powercube division ( Natel or
1. ACCEPTANCE OF ORDER: Natel Engineering Co., Inc. or it s Powercube division ( Natel or we ) acknowledges receipt of your ( Buyer s ) purchase order ( Order ) for the goods and/or services listed on
More informationTenants Right to Compensation Policy
Page 1 of 5 Tenants Right to Compensation Policy Document Control Responsible Person Review Frequency Reviewed by Operations Director 3-Yearly Board Date Approved March 2018 Next Review Due March 2021
More informationTerms and Conditions of Sale
Terms and Conditions of Sale Application Quotations And Acceptance Prices Terms Of Payment Delivery Risk Title Variations Specifications And Information Limitation Of Liability Packaging Licence And Costs
More informationLANDLORD - TENANT Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813)
LANDLORD - TENANT Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813) 828-4422 RIGHTS AND DUTIES OF TENANTS When a person pays to live in a house, apartment or mobile home whether
More informationShould you have any further queries, we would be pleased to assist.
A TENANT S GUIDE TO RENTING Hilbery Chaplin has specialised in letting residential properties for many years and prides itself on a personal service to both landlord and tenant. This document is designed
More informationLandlord & Tenant Helpsheet
Landlord & Tenant Helpsheet Legalhelpers is strongly committed to providing quality legal assistance to landlords and tenants alike. Therefore, we have produced a range of documents obtainable to both
More informationHelpsheet 16. Service Charges: Information for residents. What are service charges, and how do they work?
Helpsheet 16 Service Charges: Information for residents What are service charges, and how do they work? What is a service charge? Service charges are charges Hanover makes to residents (tenants, leaseholders
More informationAGREEMENT for an Assured Shorthold Tenancy under Part 1 of the Housing Act 1988
AGREEMENT for an Assured Shorthold Tenancy under Part 1 of the Housing Act 1988 NOTES: This is a form of legal document and is not produced or drafted for use, without technical assistance, by person unfamiliar
More informationSELLER'S PROPERTY INFORMATION FORM (4th edition)
SELLER'S PROPERTY INFORMATION FORM (4th edition) Address of the Property: IMPORTANT TE TO SELLERS - PLEASE READ THIS FIRST * Please complete this form carefully. If you are unsure how to answer the questions,
More informationLaceys Guide To Right To Manage
What is the Right to Manage? This is the right for flat owners on long leases to form a company to take over the management of their block of flats without purchasing the freehold. Previously the right
More informationTERMS AND CONDITIONS FOR THE SUPPLY OF GOODS AND SERVICES
TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS AND SERVICES This document and all the information contained within it is proprietary to Field International Limited and is supplied in confidence. This document
More informationDispute Resolution Services
Dispute Resolution Services Page: 1 Residential Tenancy Branch Office of Housing and Construction Standards DECISION Dispute Codes O Introduction This hearing dealt with the tenants application to recover
More informationPACE Customer Agreement
1. Property Owner: 2. Property Owner: 3. Property Owner*: Civic Address: Name Name Name House Number and Street Community Property Tax Information: RR# Assessment Roll Number Postal Code * If there are
More informationResidential Buy to Let Landlords Administration of Estates
Residential Buy to Let Landlords Administration of Estates What you need to know Many people invest in a buy to let property as part of their portfolio of investments. The law and procedure in relation
More informationDated the day of [month] of 20. [Name of Landlord] AND. [Name of Tenant] TENANCY AGREEMENT. In respect of. [address of the Premises] (the Premises )
Dated the day of [month] of 20 [Name of Landlord] AND [Name of Tenant] TENANCY AGREEMENT In respect of [address of the Premises] (the Premises ) 1 TENANCY AGREEMENT An Agreement made on the day of [month]
More informationLandlord / Tenant Law
Landlord / Tenant Law Carnegie Mellon University November 29, 2018 Introduction The information contained in these slides and made available during the presentation are for educational purposes only. If
More informationPURPOSE FOR WHICH TO BE USED
The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 Made 30th March 2004 Laid before Parliament 6th April 2004 Coming into force 1st June 2004 The First Secretary of State, as respects
More informationDispute Resolution Services
Dispute Resolution Services Page: 1 Residential Tenancy Branch Office of Housing and Construction Standards A matter regarding GEORGIAN HOUSE and [tenant name suppressed to protect privacy] DECISION Dispute
More informationASSURED SHORTHOLD TENANCY AGREEMENT
Talbot Property Partners 870 The Crescent Colchester Business Park Colchester Essex CO4 9YQ Tel: 020 3161 6001 Fax: 020 3161 6011 ASSURED SHORTHOLD TENANCY AGREEMENT The PROPERTY The LANDLORD of Talbot
More informationASSURED SHORTHOLD TENANCY AGREEMENT
ASSURED SHORTHOLD TENANCY AGREEMENT For letting a residential dwelling Important Notes for Tenants This tenancy agreement is a legal and binding contract and the Tenant is responsible for payment of the
More informationPapers The Digital Economy Act : What surveyors need to know about changes to the law on telecommunications equipment
Journal of Building Survey, Appraisal & Valuation Volume 6 Number 3 Papers The Digital Economy Act : What surveyors need to know about changes to the law on telecommunications equipment Michael Watson
More informationDispute Resolution Services
Dispute Resolution Services Page: 1 Residential Tenancy Branch Office of Housing and Construction Standards A matter regarding Devon Properties Ltd. and [tenant name suppressed to protect privacy] DECISION
More information2016 No. 790 ENTERPRISE, ENGLAND AND WALES. The Pubs Code etc. Regulations 2016
S T A T U T O R Y I N S T R U M E N T S 2016 No. 790 ENTERPRISE, ENGLAND AND WALES The Pubs Code etc. Regulations 2016 Made - - - - 20th July 2016 Coming into force in accordance with regulation 1(b) CONTENTS
More informationTERMINATION OF A TENANCY
TERMINATION OF A TENANCY STATUTORY REFERENCES Residential Tenancies Act (RTA) sections: 1(1)(e) fixed term tenancy definition 1(1)(f) landlord definition 1(1)(h) overholding tenant definition 1(1)(i) periodic
More information