A question about tenancy agreements

[webmister]

Hi people, I am posting this question here as I am unfamiliar with the rules here in NZ.

I signed a rental agreement as soon as I arrived in New Zealand. I had made payment from overseas and when arrived at the property, I found it to be very unsatisfactory. But since I didn't have any other option available at that time of the day I had to sign the agreement which was for 3 months.
Now after a few days I am finding difficult to live here. The landlord says since I signed the agreement I have to live here or at-least pay the rent for 3 months. I thought bond money is for that purpose, if i break the agreement then i will not be returned the bond money.

Is there any legal way for me to get out of the agreement?

Thanks.

[benhila]

http://www.dbh.govt.nz/your-rights-and-responsibilities

Hope this helps.

[batgirl1001]

I also suggest you read the contract you signed with the landlord very carefully if there is a way to legally terminate the tenancy. But if it is a standard tenancy agreement, then it is most likely you will end up having to pay the entire period of stay of 3 months. Legally you are bound to do so otherwise the landlord can take you to court (tenancy tribunal) to claim the arrears in rent payment. A bond is only sufficient to cover usually 3 weeks rent - so I doubt the landlord will let that be adequate for compensation.

Usually people do not sign a fixed tenancy unless they are sure of living there for the stated period and find the conditions in the rental accommodations liveable. This could be a very expensive lesson to learn but I suggest you get more advice specifically from the Citizens Advice Bureau about your rights/duties as a tenant. Furthermore I also suggest not posting legal matters on this forum as once it becomes a legal dispute, no one here can give adequate advice.

[Familyofmonkeys]

There are two points that spring to mind. First of all, the bond money is held primarily to cover the landlord against any damage liability of yours, so it pays to be very, very through when you do a check-in inventory, and take photos and written records of any damage or wear and tear you come across. This should be done within the first few days of the tenany, after which time you should forward a copy to the landlord and keep and copy for yourself, signed and dated!

When you say a property is unsatisfactory, you do have grounds to force the landlord to repair anything broken or defective chattels, such as a broken oven, dripping taps, defective smoke alarms, etc. All lightbulbs and smoke alarms should be working at the start of your tenancy, otherwise you can legally get the landlord to reimburse you the cost of new bulbs and batteries. However, if cleanliness is your main issue, bear in mind that this is subjective. The Dept of Building and Housing states a property should be 'reasonably clean' at the start of a new tenancy. If your tenancy agreement requires you to get the oven, carpets and curtains cleaned at the end of your tenancy, it is perfectly reasonable to expect that they will have been cleaned before you moved it. If it is obvious they were not, then take photos as evidence and get advice from the Dept of Building and Housing. However, if a carpet is on the older side, you can't demand that it be replaced, for example, unless it was agreed in writing beforehand.

In general terms, much of the rental housing stock in NZ is of poor quality and has been less well maintained and modernised, when compared to rental properties in other modern countries. Rental houses are often cold, damp, unheated and there is a general reluctance to invest in upgrading and maintaining properties. We ended up in a not so idea rental when we first arrived in NZ, which we took as a lesson learnt and moved to somewhere better as soon as our 6 month rental contract was up. On the plus side for you, it is not winter!! You will no doubt be able to find something better before the summer is over and next winter hits.

[Ana&Steve]

We were able to get out of an unsatisfactory rental early because another tenant was found within days of us stating that we were moving out. We would have paid to get out of there, but we got lucky. I remember reading somewhere that if you find an acceptable replacement tenant you may be able to get out without penalties. Maybe that is another question for the Citizen's Advice Bureau.

[Manks]

Our friends left a (satisfactory) rental early and had to pay the rent on that until a new tenant was found.

[webmister]

ok, so i have to stay there for 3 months. i find these rules to be very much in favor in of landlords. I don't understand What loss can be caused to landlord due to a tenant moving out early after paying fines? If i got myself into a property where i feel like living like a prisoner then at-least i should have the right to move out.

Its not that the property is too bad or lacking something (although facilities are inadequate for the price) but the things are not the same as shown by landlord in pictures and the rules were not known to me when I made the payment. So when it was time to sign the agreement, i had already made the payment in advance and i arrived after a long journey at a time when i couldn't go anywhere else. All that compelled me to sign the agreement.

Any way, i will visit the ministry of justice office to seek their advice as they have written on their site http://www.justice.govt.nz/tribunals...y/how-to-apply

[Dave in NZ]

I sympathise with you but just make sure you leave on good terms and you don't do anything against the agreement as if you end up on the bad tenants list you could find it very difficult to rent another property.

http://www.tinz.net.nz/

[batgirl1001]

If you decided to go via the tenancy tribunal route, do remember to prepare your case well. It goes better for you if you argue with proof and reason why the tenancy is not ideal. This is not very easy to prove especially if it is very subjective on opinion. Hence most people tend to bear out a bad rental and then move out. As said, NZ rental houses are often less than ideal for the price you pay. And being blacklisted on the tenancy database doesn't just affect your ability to rent in future but has some repercussions on your credit rating as well.

[webmister]

^ I know by now that bearing out this bad rental is the only option for me. Thats not all for me, will also have to take verbally abusive behavior from the landlord or i may end up in the tenancy database

I hope these 3 months pass quickly.