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Thread ID: 57114 2005-04-24 04:10:00 Tenancy Problems. Jams (1051) PC World Chat
Post ID Timestamp Content User
348144 2005-04-24 04:10:00 hi all.

im not really expecting a solid answer, as i should be asking this question to the folks at the Tenancy tribunal but...

im wanting out of a current flatting situation. Me and a flatmate have signed up for a 1 year tenancy agreement which ends next Jan, 2006. is it it possible to get out legally ?.

heres the problem. Since living here, my Flatmates car has been broken into, becuase we have to park on the street, so to avoid it happening again he parked in alittle alley way, next morning the car had been graffitied with "NO PARKING", our windows get egged, my flatmates car has been egged, his hub caps have been stolen, the neighbours who are directly across the hall (we are in an apartment building) are constantly smoking marijuana, and getting sick of having to put up with it, and this morning we found the door to the building had been completley busted in (not sure who did it, but it may of been from the neighbours on a drunken night) and the LandLords reply was "oh, i will fix it next week".

only close friends know where we live, and its not in there nature to egg our property.

does this give us the right to be able to move out before our agreement is up ?
Jams (1051)
348145 2005-04-24 04:19:00 Where do you live? Sounds real nasty.

Like everything else there are standards that the landlord must provide you (and vice versa), and if those standards are not met, you have a case to complain and have your tenancy agreement dissolved. It's a matter of convincing the Tenancy Tribunal. It will help tremendously if you record everything bad about it - including correspondence with the landlord. If you made complaints to the police about the theft and vandalism, keep the police reports.
vinref (6194)
348146 2005-04-24 04:29:00 But the landlord won't be held responsible for car damage on the street .

The smoking over the hall isn't really his responsibility either . . . they're likely to be less of a problem than violent boozers (unless they do that too ;) ) . You might drag the police away from their email activities for that, though I'd sooner see them stopping crimes ;)

A broken front door might be considered as reduced security, but a shared entry door is totally insecure anyway . I suppose the prospect of paying someone to repair it in a holiday weekend might not enthuse the landlord .
Graham L (2)
348147 2005-04-24 04:50:00 i live in town, Palmerston North..

yea, we still got the Police Report.

the LandLord procrastinates all the time, telling us something will be done about a certain problem, but it never gets seen to...

its getting to the point where we dont feel very safe staying were we are. The front door to the building is in bits, who ever was trying to get in, got in. what was stopping them to do the same thing to our door....

we had to live with the washing machine in the kitchen for a month (as i understand that is agasint the housing rules, having the laundry in the kitchen) becuase he just never did anything about the plumming situation, consequently casuing the kitchen to flood on 2 occasions, and flooding the LunchBar down stairs, so now the LunchBar owner isnt happy with us.
Jams (1051)
348148 2005-04-24 04:52:00 lol,

i once woke up to an Asian on our kitchen setting up an area for the fridge, i was like WHAT THE HELL. apparently the LandLord let him in whilst i was asleep...... without letting any of us know prior.
Jams (1051)
348149 2005-04-24 04:57:00 But the landlord won't be held responsible for car damage on the street .

The smoking over the hall isn't really his responsibility either . . . they're likely to be less of a problem than violent boozers (unless they do that too ;) ) . You might drag the police away from their email activities for that, though I'd sooner see them stopping crimes ;)

A broken front door might be considered as reduced security, but a shared entry door is totally insecure anyway . I suppose the prospect of paying someone to repair it in a holiday weekend might not enthuse the landlord .

Sadly, you may be right .

But hopefully, if Jams kicked up a good fuss, the Tenancy Tribunal may rule that circumstances inhibit Jams' proper enjoyment and use of the premises, no matter who is at fault . Lots of recorded evidence on Jams' part will be the deciding factor .
vinref (6194)
348150 2005-04-24 05:06:00 hi all .

im not really expecting a solid answer, as i should be asking this question to the folks at the Tenancy tribunal but . . .

does this give us the right to be able to move out before our agreement is up ?


as has been said by others, talk to Tenancy tribunal ASAP, if you have no luck then try and cut a deal with landloard . . . . . .

"we will pay 6 weeks rent over some time to get out ASAP", he gets $$ and you get out .

have a read of your tenancy agrement, it will say how to get out and how much you have to pay .
robsonde (120)
348151 2005-04-24 10:40:00 Next time you smell dope, call the cops . Don't tell anyone what you did thou, they might get upset . The main problem with having dope smokers in the house, (or any druggies for that matter), is that there may be times when someone who knows there may be drugs on the premisis, may come looking for them while the neigbours are away, especially if they are desperate enough . They are hardly going to call the cops if someone breaks in to steal their stash . There is also a risk that they may come looking in your place for something to steal for drug money, while your not there if they cant find anything in the druggies place .

Apart from that, the only bit of advise I can give you is to become a complete and utter pain in the bum for the landloard . Get a day/date when he will have the job done by . If he tries to fob you off, by saying "next week", say "OK" and say to him " that will be the XXth of what ever month OK" . He will probibly say OK back just to get you off his back . Then ringing him 2 or 3 times a day/night if he doesn't do it by the agreed date . Make it like an obsesion bordering on harasment . Hes either going to fix it to stop you moaning or jump at the chance to see the back of you . The only problem here is that if you need to rely on him for a referance, you may have to move out of town to find accomodation . If not, fill your boots .

Also, as mentioned previously, keep records, and keep the Tenancy Tribunal informed of whats going on . It would be handy to find out who's chucking eggs too . You may have to do a bit of discreat detective work ie park the car up and spend the night in it to see whats happening . Could be exciting . :rolleyes: Good luck .

phew this got longer than I had planned
craigb (4884)
348152 2005-04-24 11:06:00 Good advice from everyone. You must create records - times and dates of complaints, problems, requests to Landlord. You are entitled to quiet enjoyment of your tenanted property. Sounds like good grounds to terminate the tenancy.

But you don't want to risk a judgement against you so go to the Tenancy Tribunal people.

Also do some lateral thinking. Dobbing in the guys next door is one. If your drains were blocked (can't think how that would happen? :D ) it would be a health hazard and you couldn't possibly live there. :thumbs:
Winston001 (3612)
348153 2005-04-24 11:12:00 You don't live at a Massey Uni student hostel by any chance, are you Jams? The dope-smoking, the vandalism, the strangers in your house, the party animals - sounds just like a uni hostel. Good thing you don't mention an aspiring heavy rock band. vinref (6194)
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