question RE tenants rights
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Category: General Chat
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URL: https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=20695
Printed Date: 04 October 2025 at 1:42am
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Topic: question RE tenants rights
Posted By: BaAsKa
Subject: question RE tenants rights
Date Posted: 05 September 2008 at 5:29pm
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I was wondering if we have the right to terminate our tenancy contract under these circumstances...
Our toilet has blocked up 4 times in the past month and the plumber told us the first time that it is due to the huge tree roots cracking through the pipes BUT the LL didnt want to replace the pipes hence the 3 other times it has blocked up and the plumber has had to come unblock..... anyway it blocked up again 3 days ago (lucky my mum lives across the road!) and i rung LL but never had a reply then rung the plumber who said he is unable to come out because the LL refuses to pay the $450 she already owes him..... so anyway we are in the process of buying a house and it goes unconditional in 2 weeks if all goes to plan BUT this contract isnt up till the 26th october which we were more than happy to stay here until then (and slowly do things to the new house) BUT if she wont fix the toilet i want to leave straight away but the type of person she is - she want go down without a fight.... do you reckon we can terminate the contract???? I hope all that jabba made sense! 
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Replies:
Posted By: RBsMama
Date Posted: 05 September 2008 at 6:42pm
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If I remember correctly, if you have a fixed tenancy, you will need to contact the tenancy service. I think you have to send a letter via them and give the landlord 10 days to fix the problem, and if it's not sorted then, you may be able to terminate the tenancy. The tenancy services website might make it a bit clear for you.
Good luck!!  ------------- http://lilypie.com" rel="nofollow">  http://lilypie.com" rel="nofollow"> 
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Posted By: catisla
Date Posted: 05 September 2008 at 8:20pm
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yes - you need to serve a 10-working-day notice to remedy to your landlord - you can get the correct wording for this from the Dept Building and Housing Tenancy Services website. If the landlord fails to sort it out you would need to apply to the tenancy tribunal to seek early termination of the tenancy.
link: http://www.dbh.govt.nz/tenancy-index - http://www.dbh.govt.nz/tenancy-index ------------- |
Posted By: Andie
Date Posted: 06 September 2008 at 1:19pm
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Contact the Tenancy Tribunal for advice and the forms you'll need to use. That sux for you guys, by all rights you really ought to be able to give your LL the big finger and leave whenever you like after treatment like that! But dag nab it, tenancy is so bureaucratic it's rediculous. ------------- Andie |
Posted By: ChundaMars
Date Posted: 06 September 2008 at 3:01pm
| Well, it works the other way too Andie - when tenants stop paying rent landlords can't just storm in, throw their stuff on the lawn and change the locks! So, the rules are there to protect both parties... |
Posted By: Bombshell
Date Posted: 07 September 2008 at 2:18pm
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yep - tenants have more rights than landlords....one of our tenants was behind by 6 weeks last week and not much we could do but sit and wait and send notices....at least in commerical buildings you can lock them out....
my solution was to give up and let BSDH deal with the tenant....funnily enough we got our rent in cash....hmmmm wonder why (those of you who have seen BSDH will know why! LOL!) |
Posted By: mummy_becks
Date Posted: 07 September 2008 at 2:30pm
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lol BS I can see why. ------------- I was a puree feeder, forward facing, cot sleeping, pram pushing kind of Mum... and my kids survived! |
Posted By: Kels
Date Posted: 07 September 2008 at 2:49pm
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That is awful treatment. I would be telling your LL you are contacting the tenancy Tribunial and health department about the state of the hygiene with a blocked toilet and little ones in the house. I would also be dropping things like Fair go and the local paper as people you can call in to see what you have been expected to put up with... Poor hun, I hope something is done for you soon!! ------------- http://lilypie.com"> 
Busy mum to Miss 15yrs, Miss 10yrs and Master 4yrs |
Posted By: BaAsKa
Date Posted: 08 September 2008 at 3:34pm
| YAY toilet is unblocked and she has agreed to let us out of contract because coincidently she needs to move back into here. So we move on the 19th! |