Tenants Rights

[Milliemoo]

Hi,

Anyone on here got any experience or knowledge about tenancy agreements?

I've had a good look through the website:

http://www.minhousing.govt.nz/tenancy-index

but can't find what I'm looking for.

Here's the deal. When we moved in to our rental flat, the land lady made us aware that some works needed to be carried out on the balcony. Nothing major, just re-tiling and painting. Fine, no worries.

What is actually happening is the complete re-rendering of the whole apartment block and replacement of waterproofing all ourdoor areas which involves digging up all tiles, concrete etc and replacing. Then onto all the plaster work. We thought the worse of it was over and we didn't mind to much as I negociated a rent decrease, but the work looks like it's got months to go (mainly due to a bad sub contracting and they're having to redo most of the work already done). It was suppose to be completed in April, having started in November, but I'm guessing it's going to be at least another 3 months.

So, I'm starting to get a bit irritated now I really just want to know where I stand. Here's the key issues.

* I'm paying $50 per week less in rent ($500 instead of $550)
* We were given no written notice of works.
* We were only given 24 hrs notice (phone call) before the works actually started (although we knew it would be happening at some point).
* The works being carried out are substanially more that what was implied when we took on the rental.
* We're not updated as to when works are happening, when they are happening and when they need to access the flat. I actually had them knocking on the patio doors minutes after we found out my FIL had passed away. I'm sure you can imagine my language
* There's nothing stated on the agreement about works.
* We've had no natural light in the flat for 3 weeks and counting due to a taupaulin over the balcony. This has also happened before for a period of approx 4 weeks.

I guess what I want to know is...

* am I entitled to some sort of compensation?
* should I ask for a further reduction in rent (the reduction was agreeded due to the lack of access to the balcony during the works)?
* my lease is until the beginning of July. Can I be held to that, bearing in mind the reasons for leaving?

Thanks

Milliemoo

[mgbridges]

Oh Milliemoo, sorry to hear its all got so bad! Don't know the ins and outs of tenancy law here I'm afraid but I'm sure somebody will help.

If you need a break you're welcome to come to ours for a bit even if you just want to come and sit on the deck and soak up some rays!

Hope it all gets worked out in the end.

Anneliese

[Familyofmonkeys]

We had one or two issues with out old rental. Here is link for Department of
Building and Housing. There are very helpful...you can either phone them to discuss or put everything in writing and they will give you advice on where you stand....what actions you are reasonably entitled to take etc.

http://www.tenancy.govt.nz/tenancy-index

[Milliemoo]

Oh Milliemoo, sorry to hear its all got so bad! Don't know the ins and outs of tenancy law here I'm afraid but I'm sure somebody will help.

If you need a break you're welcome to come to ours for a bit even if you just want to come and sit on the deck and soak up some rays!

Hope it all gets worked out in the end.

Anneliese

Thanks love.

It's not that it's suddenly just got hugely worse, apart from having no natural light, it's just really starting to get on my tits!

Might have to take you up on that offer....got any Pimms in?

Milliemoo

[Milliemoo]

We had one or two issues with out old rental. Here is link for Department of
Building and Housing. There are very helpful...you can either phone them to discuss or put everything in writing and they will give you advice on where you stand....what actions you are reasonably entitled to take etc.

http://www.tenancy.govt.nz/tenancy-index

Doh! Hadn't seen the contact us bit on the page I'll give them a call tomorrow.

Thanks

Milliemoo

[Milliemoo]

Couldn't wait till the morning, so I've just sent an email. Lets see what they say.

Milliemoo

[CJ22]

Find out your rights, of course, but they'll say that your first action should be to talk to the landlord. Before wielding the legal stick, see if you can get some definite comittments from you landlord (timescales, communications, maybe another reduction in rent). $500/week ain't small change, so you have some muscle - they can't exactly re-rent it in the state it's in now, so it's in their interest to keep you sweet, so use the leverage you have.

It's my hunch that if you threatened to move out, they'd bluster about it, but they're in breach of contract with all this work, and it's not reasonable to expect you to put up with it. If you call their bluff, I'm sure they'd cave. It'll cost them more for the place to be empty for 3 months than it would to reduce your rent and treat you a bit better. I think this is a case of 'the squeaky wheel...' etc.

[Tia Maria]

I feel for you Milliemoo, I saw your place the other day and its all wrapped up like an Xmas pressie, I was shocked at the scale of the works!

Cheers

Tia

[Milliemoo]

Find out your rights, of course, but they'll say that your first action should be to talk to the landlord. Before wielding the legal stick, see if you can get some definite comittments from you landlord (timescales, communications, maybe another reduction in rent). $500/week ain't small change, so you have some muscle - they can't exactly re-rent it in the state it's in now, so it's in their interest to keep you sweet, so use the leverage you have.

It's my hunch that if you threatened to move out, they'd bluster about it, but they're in breach of contract with all this work, and it's not reasonable to expect you to put up with it. If you call their bluff, I'm sure they'd cave. It'll cost them more for the place to be empty for 3 months than it would to reduce your rent and treat you a bit better. I think this is a case of 'the squeaky wheel...' etc.

Oh yes, always intended to speak to the land lady first, I just what to know where I stand before I do that.

Like you, my hunch is that she's in breach of contract and I could squeeze another rent reduction out of her. Part of the problem is that she doesn't really have a clue what's going on either. She doesn't seem that interested in the works (hasn't even been round to see what's happening in the flat and to view damage, which I've notified her about). You know what builders are like as well

Milliemoo

[Milliemoo]

I feel for you Milliemoo, I saw your place the other day and its all wrapped up like an Xmas pressie, I was shocked at the scale of the works!

Cheers

Tia

Might have to have a drink tonight to cheer me up

Milliemoo