Wednesday, November 10, 2010

5 tips for Tenancy Tribunal success

Tribunal.  The very word strikes fear into most landlords and they'll do anything they can to avoid it.  They resign themselves to losing hundreds or thousands of dollars and put it down to ‘learning.‘  It doesn’t need to be that way.  Savvy landlords know that with a little bit of effort, lost rent, costs for cleaning, damages and the like can be recovered (albeit slowly in some cases) if you face your fears and go to Tribunal.  

Here are out 5 tips for Tenancy Tribunal success:
  1. Call DBH Tenancy Services (0800 83 62 62).  Talk through your situation with them in an unbiased and factual manner so you get the right advice.  You don’t want to become unstuck when the adjudicator cuts through the bull and combines the facts with the law.
  2. If you are applying for repayment of rent arrears, ALWAYS tick the box that says you are seeking to end the Tenancy.  This sends the message that you are serious and gives any consequential clauses some teeth.
  3. Preparation, preparation, preparation.  Get to know the Residential Tenancies Act 1984 (and amendments).  It’s a big document, so depending on what you are claiming for at least brush up on the relevant sections.  Get all your paperwork together and try to predict what the tenant will counter argue.
  4. Take three copies of everything that you are submitting as evidence – one for the court, one for the tenant and one for yourself.
  5. If you have been successful and the Tribunal has awarded you money, strike while the iron is hot.  Talk to the tenant at the hearing and arrange payment.  If they are unable to pay the whole amount immediately, set out a payment plan and give them a deposit slip to pay the money into your account.
Of course, the best way to avoid all of this is through rigorous tenant selection and management.  As the old saying goes, ‘an ounce of prevention is worth a pound of cure’ and although sometimes things still go wrong you stand a better chance of a smooth tenancy if the tenants have had their references, tribunal history and credit checked out. 

Contact us and take advantage of our Tenant Selection Guarantee.

No doubt Tenancy Tribunal can be a daunting prospect if you have never been to it, but as landlords we need to set the example and send the message to tenants that they can’t get away with murder.  Especially if it ruins your carpet.

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