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Landlord refuses to accept our notice of termination

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  1. #11

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    Original Post Deleted
    It is common practice in the residential market, there was a thread recently with countless people renewed over and over again no mention of signing new contracts, there is no IRD procedure to deal with changing the contract period, so IRD can't complain about loss of fees.

  2. #12

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    It might be common practice (albeit that I wouldn't personally do it) but it leaves real problems since the contract is limited to a period of time, often 2 years in the residential market, but once the dates have passed then the terms and conditions become unenforceable in the Courts.


  3. #13

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    Quote Originally Posted by Soutie:
    It might be common practice (albeit that I wouldn't personally do it) but it leaves real problems since the contract is limited to a period of time, often 2 years in the residential market, but once the dates have passed then the terms and conditions become unenforceable in the Courts.
    contracts are extended every day, and the rights and obligations are fully enforceable. for example, a mortgage is a contract, banks often update the rights and obligations, and if you request to extend the term you don't sign a new contract, pay stamp duty again, etc.

  4. #14

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    Because the vast majority of contracts do not have stamp duty applied and in your initial contracts with banks etc. your signature basically allows them to change the terms and conditions at their will.

    If people want to sign these contracts its fine but when things go awry and they think the other side owes them money and they take the contract to a solicitor who tells you it is probably unenforceable.


  5. #15

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    Original Post Deleted
    is right. There is no stamped tenancy agreement. There is no agreement that can be admitted in the court.

  6. #16

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    I have had the first contracts, stamped and duty paid, then by mutual agreement extended and extended, it is still a contract and fully enforceable, otherwise, following your argument people would extend and claim it is not enforceable contract, and not pay rent or pay low rent.

    Obviously if the name of person changes or and the property changes, that's different, since the name or address would be different to the IRD receipt. If IRD thought differently they would have charging mechanism to extend the contract to collect more fees.

  7. #17

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    I agree with the above. Otherwise no one would stamp their extension. I get mine stamped every two years even though it's only a change of dates and sometimes rent amount

    TheBrit likes this.

  8. #18

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    Original Post Deleted
    I stand corrected.
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  9. #19

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    Original Post Deleted
    Re the whatsapp - I am not disagreeing with you. Let me rephrase my point.

    "the whatsapp message may be admissible in court - as per all the other comments by people on this thread backed up by evidence.

    "But... when I read that whatsapp message I cannot figure out what it means - is it an extension or a new contract or what? If I cannot figure it out, probably a court will not either".

    Hope that clarifies my point(s).

  10. #20

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    If you're leaving then don't pay your last two months rent. You'll never see your deposit again.