Landlord e-newsletter
No.11: December 2009
In this issue we cover:
Phone Mediations prove popular
The Department is mediating more disputes by phone with positive feedback from landlords and tenants. In November over 70% of applications were mediated by phone. This has significantly reduced the need for parties to travel to our offices to attend an appointment. Landlords and tenants have reported this method of mediation is more efficient and effective.
Tenancy Tribunal applications can be mediated by phone in two ways. Our ‘Swift’ Mediation team offers a rapid response phone mediation service. We review all applications to see if they are suitable for Swift – these are usually simple, single issue claims. Most commonly they involve rent arrears. These are acted on immediately with a focus on resolving within the first 24 hours.
Swift mediations are unscheduled. Our mediators try to contact both parties by teleconference during the day and discuss the application to see whether a resolution can be achieved in that teleconference. Sometimes the swift mediation can occur on the same day the application was filed.
Swift has been successful. We have resolved 7032 applications via Swift since the service began in late 2006. You can find out more about Swift »
For all other applications we check the details to see if it is suitable for a scheduled phone or face to face appointment.
To take advantage of the telephone mediation services we offer it is important to ensure you have included up to date phone numbers for the parties involved. We will attempt to contact parties by phone, text message and email in order to resolve the dispute.
More complex disputes will still require a face to face appointment. These may include a tenancy with multiple tenants, cross applications or parties where English is a second language.
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Tenancy Management over Christmas
The holiday season brings opportunities to manage your tenancy more effectively. Here are some tips for landlords to consider as Christmas approaches:
- If you are going away, give your tenants contact details for emergencies and your appointed agent’s details for any other matters.
- If you have had a really good tenant, you may want to consider leaving them a small gift at your next inspection.
- Negotiate to do a general inspection and look at any maintenance requirements earlier in December. Securing tradesmen can be difficult over Christmas and New Year.
- When doing inspections, make the effort to recognise any cleaning or upkeep that the tenant has done well.
- If you are filing a Tenancy Tribunal application close to Christmas or over the holiday season, indicate on the application if you are going to be away on holiday. Your application could be dismissed if it is set for a day you’re not available and we don’t know in advance.
- The online Tenancy Tribunal application process continues to be available 24 hours a day over the Christmas period, with the swift phone mediation service operating on 29, 30 and 31 December.
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Tips for using Bond Transfer and Bond Refund Forms
You can only use our Bond Transfer Form to transfer a bond from one property address to another for the same tenants. The current landlord, new landlord and all the tenants must sign the transfer form. The Bond Transfer form cannot be used to change a landlord or tenant name on the tenancy agreement.
The Bond Refund form enables the Department to refund a bond to any party. No funds can be released to tenants unless all named tenants have signed the form.
For both of these forms insert the Landlord ID number on the form. If you don’t know the landlord ID number, phone us on 0800 737 666.
More information on bond forms »
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Tips for using Change of Landlord or Tenant Forms
Whenever there is a change to any party in the tenancy agreement the landlord and tenant(s) should record this on the tenancy agreement and re-sign to confirm the changes.
You also need to use our Change of Tenant form where at least one of the current tenants is remaining in the property and the tenancy is continuing. Both the new tenants and continuing tenants need to sign this Change of Tenant form. Once this form has been filed the outgoing tenants will have no further claim to the bond.
You can not use this form if all the tenants are leaving and the tenancy is ending.
You also need to use our Change of Landlord form when the landlord or property manager’s name on the bond record is changing. Both the previous landlord or manager and the new one must sign this form.
For any queries about using bond forms correctly click here or phone 0800 737 666.
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How to record information during the tenancy
Accurate records can help you if a dispute arises during or at the end of the tenancy. You must keep copies of formal legal documents like the tenancy agreement, property condition report, and bond and rent records.
Records of any communication with the other parties involved in the agreement should also be kept, often in a diary or planner where details of times and dates can be made accurately. See an example of diary record keeping below. Also, keep duplicates of any letters or emails sent to the other party.
If a dispute cannot be resolved, the Department of Building and Housing’s mediation service may be able to assist parties in reaching a mutual agreement. Relevant records and documents can be considered as part of this process. If the matter proceeds to the Tribunal, ensure there are copies of relevant documents to support the application.
Example of how to record information using diary notes
Monday xx/xx/09 :
9.00am: Called tenant (T) - advised rent payment not in account. T contacting bank immediately.
Advised T my standard practice - issue 10 working day notice on day of breach. Hold off till advice from T within the hour. T acknowledged process
2.00pm: Followed up. No reply from T. Download Department ‘s 10 working day notice , filled it in
2.45pm: Delivered notice to T on site – handed in person. Discussed why T not call me back. T advised family situation, asked two days grace - make full payment of the arrears.
Advised T - 10 working day period to remedy all arrears – must meet forthcoming rent payment as usual. T advised would have arrears money to me by Wednesday.
Wednesday xx/xx/09
6.00pm: Rang T- where is payment? T offer part payment in cash tomorrow - full payment of arrears with next rent payment on next rent payment date.
Agreed subject to retaining right to go to tribunal - confirming process with DBH in morning.
Thursday ,xx/ xx/ 09
8.30am: Called Department of Building and Housing - process for agreeing to part payment of arrears reserving right to apply to Tribunal for any arrears on expiry of 10 working day notice . DBH confirm breach still not remedied. Could file application now pending expiry of 10 working days.
9.00am: Rang T - arrange time to uplift part payment - record arrears agreement in writing for any further application. T agreed.
10.30am: Meeting on site. Gave receipt for part payment. Signed agreement for remaining arrears to be paid before expiry of 10 working day notice period. T confirm understands process if arrears still unpaid on expiry of notice period. Checked no other issues. T confirmed.
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Maintenance Tip - Get your chimney swept over summer
Many people don¹t realise that they are required to get their chimney swept regularly to keep their insurance policy current. In many cases, if there was a fire and they can¹t prove that the chimney has been swept regularly the insurance company may be able to decline a claim. The summer months are a good time to do this maintenance while the chimney is not being used.
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Tools to help select a property manager
Contracting someone to manage your residential property is like using an accountant or lawyer to manage your business affairs. Choosing a professional property manager is easier when you know what to ask. Checklist of questions to ask a prospective property manager »
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