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Thread: Tenants Rights

  1. #1
    Join Date
    Sep 2004
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    Devonport AKL
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    881

    Default Tenants Rights

    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

  2. #2
    Join Date
    Feb 2007
    Location
    Browns Bay, Auckland
    Posts
    1,221

    Default

    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

  3. #3
    Join Date
    Sep 2006
    Location
    Sydney, Australia
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    2,691

    Default

    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

  4. #4
    Join Date
    Sep 2004
    Location
    Devonport AKL
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    Default

    Quote Originally Posted by mgbridges View Post
    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

  5. #5
    Join Date
    Sep 2004
    Location
    Devonport AKL
    Posts
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    Quote Originally Posted by Familyofmonkeys View Post
    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

  6. #6
    Join Date
    Sep 2004
    Location
    Devonport AKL
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    Couldn't wait till the morning, so I've just sent an email. Lets see what they say.

    Milliemoo

  7. #7
    Join Date
    Oct 2007
    Location
    Auckland
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    Default

    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.

  8. #8
    Join Date
    Sep 2005
    Location
    North Shore, Auckland
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    2,801

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    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

  9. #9
    Join Date
    Sep 2004
    Location
    Devonport AKL
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    Quote Originally Posted by CJ22 View Post
    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

  10. #10
    Join Date
    Sep 2004
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    Devonport AKL
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    Quote Originally Posted by Tia Maria View Post
    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

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