Tenant Rights/Rental Advice -Please HELP!
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Topic: Tenant Rights/Rental Advice -Please HELP!
Posted By: BuzzyBee
Subject: Tenant Rights/Rental Advice -Please HELP!
Date Posted: 10 July 2009 at 12:44am
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Replies:
Posted By: lilfatty
Date Posted: 10 July 2009 at 2:15am
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I'd say its their responsibility Steph .. just stand your ground, although it may be quicker to do it yourself.
Oh and we use a dehumidifier and it works a treat, but only in the room its located. ------------- Mummy to Issy (3) and Elias (18 months) I did it .. 41 kgs gone! From flab to fab in under a year  http://www.femininefitness.co.nz/category/blog - LFs weight blog
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Posted By: ellen
Date Posted: 10 July 2009 at 6:25am
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It sounds like the problem with mould is greater than a dehumidifier/heat pump could fix?
Not sure about your rights as far as the fixed term goes but just wanted to suggest that you document every point of contact you've had with the agents so far (and going forward) so that if you do want to get out of the contract you have clear evidence. Don't know if you have done so already but I'd be getting in touch with the tenancy tribunal - they should be able to give you plenty of advice. I really hope it works out for you as it can't be much fun. |
Posted By: MrsH23
Date Posted: 10 July 2009 at 8:57am
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http://www.consumer.org.nz/reports/landlords-and-tenants/resolving-disputes - Consumer Link
Just found this article on the consumer website with a couple of phone numbers, perhaps you could call them for advice? I'm not sure who else you can contact. I would assume that since you pointed the issues out to begin with they would fix it up for you, it shouldn't be your responsibility. ETA: You could also try calling 0800 TENANCY (0800 83 62 62) for the Department of Building and Housing. ------------- Lisa mummy to Ryan http://www.alterna-tickers.com"> 
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Posted By: pepsi
Date Posted: 10 July 2009 at 9:07am
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Hmm...yeah I'd have to agree with ellen in terms of the mould being a bigger problem.. Chances are in a place that damp, the mould will be in the walls...so even with "clean" curtains your health can still be effected by the spores in the walls. As we all know, this can make you really sick. I know it was a huge thing to move, but you have to think of your health and wellbeing.
If the owner was too cheap/useless to wash the curtains, I doubt he will fork out for a heat pump! Some landlords just don't give a crap about their tenants as long as the rental income comes in. This part of the tenancy website looks like it may be of use to you anyway in terms of the steps to take: http://www.tenancy.govt.nz/sorting-rent-problems - Sorting out renting problems |
Posted By: clover
Date Posted: 10 July 2009 at 9:07am
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If you pointed it out to the agent and she said it would be sorted then it needs to be done for you. It may be easier for you do it yourself but I'd be looking for some compensation for my time/resources or shave a bit off your rent for that week.
Ringing the tennancy tribunal to find out your rights would be a good start. ------------- http://lilypie.com"> 
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Posted By: LeahandJoel
Date Posted: 10 July 2009 at 9:45am
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Instead of a heatpump sounds like they should be putting in HRV or DVS to acually dry the house out...then you won't get the mould and dripping windows etc. I would have thought that the landlord or property manager should be responsible for the condition of the house as i'm sure they would expect it to be done when you move out so it should have been done when you moved in. -------------  
 
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Posted By: kebakat
Date Posted: 10 July 2009 at 10:04am
| I think no matter how much cleaning gets done to the curtains etc its just going to come back. You may have to have a think about whether its worth staying or not with reoccuring mould etc |
Posted By: AandCsmum
Date Posted: 10 July 2009 at 10:37am
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Black mould is super bad.....make sure you meantion to the tenancy people you talk to about it. It's dangerous stuff.
Definitely stand your ground. I'd tell them that you want the curtains replaced. I wouldn't put it through your washing machine cause then those spores will be in there as well. ------------- Kel http://lilypie.com"> 
A = 01.02.04 & C = 16.01.09 & G = 30.03.12 |
Posted By: Bobbie
Date Posted: 10 July 2009 at 11:39am
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Yep TBH I don't think a dehumidifier will help much. We have crying windows in our new place (but nothing like the problems you have) and even running our very good dehumidifier most of the day doesn't do much.
You need a proper system and like the other's said with damp that bad it's probably in places you can't see as well. I think you should ring tenancy tribunal and get some advice - it doesn't sound like the place is habitable. -------------  
 
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Posted By: BuzzyBee
Date Posted: 10 July 2009 at 12:48pm
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Posted By: Bobbie
Date Posted: 10 July 2009 at 1:23pm
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She's probably checking if you're on a fixed term because she's thinking you want to leave more likely. She won't know that you can't afford to move.
The fact that you have noted the mouldy curtains on their checklist is a good thing too. I would still ring the tenancy tribunal and find out what your rights are in case they try to pull a shifty one on you. And I so hear you on the moving costs - It cost us $2000 all told to move into this place and it's a much colder house than our last one so I'm dreading the power bills.  -------------
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Posted By: MummyFreckle
Date Posted: 10 July 2009 at 1:29pm
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Dont have much more to add - but fingers crossed that you get something sorted. ------------- http://lilypie.com">  http://lilypie.com">
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Posted By: lizzle
Date Posted: 10 July 2009 at 2:09pm
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ring the tenancy tribunal - but I am pretty sure about a fe things. you have the right to write a 10-day letter - which is you basically outlining the problems and giving the landlords 10 days to fix whatever the problems are. You need to document sending this - do NOT email, you need to send directly and keep a copy for yourself - go to the department of housing to find out how to do this.
document all contact with the property manager - write what she said, what you said. keep these in a safe place. if you do decide to break your tenancy agreement, you will need this. if the landlord doesn't fix your problems - you can go to the tenancy tribunal and get your tenancy broken AND possibly damages - i.e your moving truck and letting fee. RINg the department of housing NOW to get advice what you need to do - cause breaking the fixed term you will need evidence. You may also want to get a letter from your doctor showing asthma symptoms being caused by mold. |
Posted By: cuppatea
Date Posted: 10 July 2009 at 2:23pm
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Aw that sucks and I agree with everyone else cleaning the curtains won't help in the long term. Our house was very bad for weeping windows, I would go round each morning with two towels mopping it all up and we have two heat pumps and good insulation. Our window sills also use to get mouldy and the backs of the curtains in the worst places. The only thing that stopped it was getting a HRV system installed, which honestly I should become a spokesperson for because I just can't get over how good it really is.
I hope your landlord sorts something out for you. I've been in both situations as a renter and as a landlord and unfortunately I know that some landlords suck and properties that are run through property managers seem to be the worse. We were right royally screwed over when we first moved to NZ and we ended up paying for two rentals at once just so we could get out of the first place which isn't a position we should have been put in but thankfully we had some cash to do that otherwise I don't know what we would have done. Since that instance when we rented we always went private and not fixed term, now that we are the landlord we rent privately and not on a fixed term and we try to fix any problems our tenant has as quickly as poss, it makes no sense to piss your tenants off. Definitely document everything, even if its just so you can break the agreement without any penalties and talk to the tenancy tribunal for advice as well. Citizens advice might be able to help you out too and I would also talk to winz as they might be able to help out (with moving costs if needed) and really the more people you talk to/ask for help the better. ------------- 
 
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Posted By: fallen
Date Posted: 10 July 2009 at 6:32pm
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Sounds like the house is damp, has a serious mould problem that nothing will fix and is probably not insulated.
Ditto ringing the tenancy tribunal. ------------- |
Posted By: emz
Date Posted: 10 July 2009 at 10:50pm
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Firstly, ick at all the mould! Not good at all...
I guess the thing is... you rent the house as is right? And unless it is written somewhere (and signed by both you and the landlord/PM) that certain issues will be rectified by the landlord prior to you moving in, or by agreement, then you get stuck with what you pay for unfortunately. As for the windows in the meantime, invest $5 in a squeegie thing (like a window wiper with a catcher). We own our own home and have major issues with condensation (and pay double what you do - ah the joys) so every morning I do the windows and check for mould in the toilet (which never gets heated as is at the back of the house). No point in letting the windows stay weeping - otherwise you're just paying to evaporate the water, and of course it evaporates into the air and when it gets cool again it turns back into condensation. Good luck with the property managers though, I would just keep hounding them (and noting every call/letter as well as ringing the tenancy tribunal) and hopefully you can get something resolved. Would probably pay, if you do stay, to get the carpets cleaned too, as heaps of things can live in there which will trigger asthma esp when cold. |
Posted By: tishy
Date Posted: 10 July 2009 at 11:10pm
Ditto to this. When I was pregnant we lived in a house that was damp, had leaks in our sitting room roof, and had mould/dampness in our bedroom. We wanted out of the lease but the property manager (seriously I'm convinced rental agencies are the the bastard child of real estate companies) wanted us to find a replacement tenant. Morally we weren't happy to do this so we went to tenancy tribunal. We were let out of the lease immediately and were also awarded compensation ($50 for each week we lived there) which we've yet to see. ETA: We got a builders report done and there was 45% moisture in the wall / carpet in our bedroom. 36%+ is considered high risk / health risk. We slept in the sitting room after that. And what you have sounds a lot worse 
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fallen wrote:Posted By: Shezamumof3
Date Posted: 10 July 2009 at 11:23pm
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Oh I agree with emz on the carpet thing! Hire the rug doctor, its SOOOOOO worth the $$, I think its about $30 or $40 for 4 hours...cant remember, but we did the carpets in our hosue before we moved in and the water was black!! The caroets looked and smelt MUCH better once we were done and I felt better about caden crawling and walking over it.
I hope you get it all sorted out soon hun. Oh and definitely get some of that detol spray I told you about, as it will kill some of the mould, so spray it round the windows after u have wiped them and on the walls too and your couches, even the carpet, spray spray srpay! Its great stuff!! ------------- |
Posted By: BuzzyBee
Date Posted: 10 July 2009 at 11:33pm
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Posted By: mum2paris
Date Posted: 11 July 2009 at 12:38am
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Hey there, haven't had time to read all responses, but wanted to say..I totally agree with the others about the mould being a long term thing, GET OUT NOW!!!!!! I know it's hard to find places to live that are suitable but seriously, you need to, you already know how badly it is affecting you guys.
Our last house was like this... we moved in on a rainy day so didn't think much, we'd looked around on a rainy day too so again, hadn't worried much. But over time, the house just made us sooo ill. I soon found that in the lounge, despite being the room in the house that got sun full on in the mornings, the wallapaper behind the couch, upon further looking, has mould ingrained into it.. it had been cleaned but it was still there and required constant cleaning... even exit mould would not make it stay away. same all over the house, I had damp walls in our room, i mean actually you could put your hand on them and it would come away soaked, crying windows constantly, we kept thick towels ont he window sills otherwise by middle of the night we'd hear water streaming off the sills and spilling onto the floor, like someone literally was pouring water on the carpet, we had a heat pump in the house, which did diddly-squat for the problem except make our power bill sky-high. We borrowed mikes parents dehumidifier for that winter and were needing to empty it 2 times a day most days, and still the house was , well, more than damp.. it was WET. Paris's room hardly got any sun and her roof started going a funny colour on the inside, we got the rental people to come and they said the guttering by her room was blocked and water had obviously gotten into the roof and discoloured it. Summer wasn't really too much help, just a short reprieve.. It got really bad, while we were looking for a house in the month or so of the start of winter again, I soon discovered that the beautiful wooden scotch chests we had only just bought for the girls before moving, were now both coated with mould along the back of them, the drawers were coated thickly with mould spores both underneath each drawer and on the insides.... it's like it sprung up overnight. I took to cleaning constnatly, the girls clothes were moved out of them and alot of clothes were gotten rid of, the drawers were useless, the wardrobes weren't much better, even those thing you stick in ther ein the containers to get rid of damp - they just filled so quickly it wasn't wroth it...all the clothes got moved into the hot water cubboard. ....but health wise... i was sick sooo often, my asthma - which had not been around since i was about 10 - came back with a vengeance. Paris, who had had mild asthma up till that point, while being diagnosed with heart probs that year... she also got very very ill alot, that whole winter she was on antibiotics constantly for serious chest infections, she'd come down with them within 24hrs...from a sniffle to full blown rocketing temp, and at one point we thought she might have menninggitis as she got so sick so quickly as was lying on the floor not letting anyone touch her, shaking and hated light, she was so sick from a fast moving chest infection that took hold literally in hours.. she's been happy as larry when we picke dher up from daycare at3, and by 6.30 this was the change. she was put on many inhalers, daily most of them, and had numerous asthma attacks that really scared me. She turned from a healthy bubbly girl into a very pale, drawn out little person who got sick all the time and had no energy. The day we moved out, after being there less than a year, and having cleaned constantly throughout that time, we pulled out the drawers to find BLACK mould on the backs of them, in paris's room especially - no wonder she got so very very sick, she was breathing that in constantly. We got rid of them, sadly, $500 down the drain, man i was p'ed. I cleaned that house top to bottom thinking that otherwise we would not get our bond back, despite telling them all along it had bad damp and mould problems....never any help from them. As a result of cleaning it all, I was short of breath for weeks afterwards, it felt like someone was sitting on my chest, I was puffing back the inhalers 24/7 and i even had a chest infection. Paris took a long time to come right from being such a siky but the change in her asthma and sickness was almost isntant, she has since had no more chest infections, this winter we have not even had to use inhalers i think more than 1 time. daily inhalers no longer needed and she's got more colour and is not so sickly anymore. Seriously...get out as soon as you can find another place. It's not worth it... my asthma hasn't gone away again, now i get it for really small things, stupid things like running around with the girls, and i still feel like i just can't breathe as deeply as i used to. I really wish we hadn't stuck it out for so long, my only consolation is that we found this awesome warm great place. It's so not worth it, for you or for your little guy.  ------------- Janine and her 2 cool chicks, Paris & Ayja 
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Posted By: ISpyCharlie
Date Posted: 11 July 2009 at 10:28am
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It's just plain unfair, they should not expect you to live in a house like this ?( seriously cleaning will not fix the dampness, stupid house manager!), You would also think if landlords could afford houses to rent out, they could afford to keep them in a reasonable living condition? They only get away with it when people are stuck and have no options for them to get out ------------- http://lilypie.com">  
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Posted By: Bizzy
Date Posted: 11 July 2009 at 10:38am
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youve got some good advice there and i dont have anything to add to that.
will say tho that gas heaters arent good for condensation either tho so you may have to look at another form of heating... ------------- http://www.myfitnesspal.com/weight-loss-ticker"> 
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Posted By: pepsi
Date Posted: 11 July 2009 at 10:40am
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Oh yeah, as Janine mentioned it's definitely true about the furniture! The longer you are there, the more the mould will start to grow on your stuff, so watch out for anything touching/leaning against, or very close to the walls! This includes inside the wardrobes.. clothes that are close to the walls will also end up mouldy..just ask my leather jacket
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Posted By: lizzle
Date Posted: 11 July 2009 at 10:59am
| also, and i hate to add this, but you are a young solo mum and the property manager probably thinks you won't have the guts to do anything - or have the brains to follow through. so hold your ground steph - cause you re anything but! |
Posted By: BuzzyBee
Date Posted: 11 July 2009 at 1:01pm
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I'm starting to panic now, what If I can't get out of the 12 month contract and all the furniture we bought (and had to get a small loan for) gets ruined?
I am starting to document things and will go around and take photos today, and I'll go on the tenancy site and read up about the 10 day remedy letter etc and get onto that ... but what if i just simply can't find another place, or we end up in another place with yet the same problem again? I dont even have the money for a moving truck, rent in advance ...leting fees etc etc. All our funds were exhausted just getting ourselves into this place. My parents think I'm being silly because they know the stress we were all under just to get out of their house (think they are still recovering lol) ... but they arent the ones that are up nearly every night with breathing problems, or that had a very sick child for the first 3 weeks we were living here. I know what I have to do, but im being plagued by 'what if's' - what if we end up with nowhere to live, what if this will ruin our renting reputation/record iykwim. BLAH And Lizzle I whole heartedly agree, I think thats how the property manager see's me ...thinks she can tell me anything and i'll just take it as being truth. I guess I have to wait till Monday now to hear back about whats happening? I'll give her to midday and if no word i'll keep on at her. |
Posted By: Bobbie
Date Posted: 11 July 2009 at 2:04pm
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Aww try not to stress too much hon. I know it's horrid but don't buy into the 'what if's' unless you also consider the positive what ifs.
I can't see how this would put a blemish on your renting history so long as you follow the proceedures outlined by the tenancy tribunal. I don't think any decent person would hold it against someone for moving out because they and their child were getting sick from the extreme damp. -------------
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Posted By: ellen
Date Posted: 11 July 2009 at 8:08pm
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Don't waste time worrying about stuff that may not even happen! And do you know what - even though this is not a pleasant experience to go through - it will make you stronger as a person cause you'll know you can stand up for yourself.
I agree with Lizzle cause it's far more likely that the property managers know you're unlikely to be able to afford to move again so quickly so are probably hoping you'll just get sick of complaining to them about it. Good on you for documenting everything and taking photos. Hopefully you can get some help from WINZ for moving if it comes to that. |
Posted By: ajmmum
Date Posted: 16 July 2009 at 5:35pm
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It's a pity you can't talk to the owner directly and explain that you would like to stay in the property but the house is causing you so many issues. You will probably find this is why previous tenants have left and that the property has high turn over... perhaps the landlord would like to find out why? In my experience (I deal a lot in the area of real estate misdemeanours) property management companies are used by landlords who are absent from the process and rely on their "professionals" to do right by them. You will probably find the landlord has little or no idea about the state of the property!
Also, don't clean the curtains as you could end up paying to replace them if anything goes wrong in the process. Instead explain to the property manager that you expect the curtains to be cleaned by [date] as per your original agreement, and you can even suggest that you have the number for curtain clinic (google search them - very very good). It isn't good enough that they have agreed to have the curtains sorted & not done it. Misrepresentation really! I would ask for all those costs you are talking about from the tenancy tribunal if you move on because as you said, you wouldnt have moved in there with your health conditions if you had known the true extent of the house. They may not give you all of it but the property management company may have to fork out some to help you move! Also, name the property management company on here, or PM with the name? I work in a capacity where I have to recommend companies to Landlords and deal with a lot of this (we tell people how to be better landlords & improve their homes to keep people longer funnily enough) - and I would really like to know who I SHOULDNT be recommending!  ------------- http://lilypie.com" rel="nofollow">  |
Posted By: ajmmum
Date Posted: 16 July 2009 at 5:45pm
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Oh and sorry for the double post but I just ran your issues past my boss who is the brains when it comes to this sort of thing & she suggested:
I wonder if the landlord even knows. My only additional thought (aside from all the good info already posted) is the pelmet trick. Weeping windows are caused by the cold air getting sucked in front the bottom of the curtains and then releasing out of the top – permanent pelmets are best, but as a temporary measure if she puts a ‘cloth’ pelmet along the top of the curtains (like a swag) and prevents the heat loss going out of the top of the curtains, she will have less condensation (but it’s not going to fix the problem permanently). Pelmets are old-fashioned etc but they had their purpose & people often pulled them out - and they aren't hard to "fake" without affecting the property permanently... maybe worth a shot? Good luck ------------- http://lilypie.com" rel="nofollow"> |
Posted By: Bobbie
Date Posted: 16 July 2009 at 6:04pm
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ooh if we're going to name and shame can I say that 101 Realty is terrible? I'm going to say it on here because I'm mighty p'd off that we paid them $506 letting fee for the following:
They didn't run the open home as in weren't even there - they let the last tenants host about 10 couples through their house in one evening. They didn't tell any of us it was a group viewing. They were impossible to reach on the phone with any questions They never advised that the LL just hired them for the placement and background checks and we weren't actually going to go through a PM company long term. They told us that they had rung tenancy tribunal and checked our bond amount and we only had another $165 to pay on top of what we were transferring. I found out when I rang the tenancy tribunal to check (as the numbers just didn't add up) that it was actually $565. They had never actually rung the tribunal they just assumed that we had paid 3 weeks bond in the last place too. They gave us the wrong bond forms to fill out. How hard is that to get right? They gave us a new bond form and a top up form instead of the transfer form which has a section to top up. We just got a letter from them 8 weeks later advising that we had to change the acct that our rent pays into - even though we pay direct to the LL. So great record keeping going on as well. -------------
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Posted By: BaAsKa
Date Posted: 17 July 2009 at 9:18pm
OMG Bobbie!!! they sound hopeless!!!!
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Posted By: Dawnie
Date Posted: 18 July 2009 at 9:46am
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Hey BuzzyBee...
I work for a rentals so I have a fair idea of what your rights are... Firstly it is their responsibility, because you have asked them multiple times and they have not solved the problem you are now able to issue THEM with a 10 day notice (just like they would you if you weren't keeping your end of the deal) if after 10 days they have still not remedied it you can take them to the tribunal, from there its up to the tribunal to put the harsh word on them. They'll take you to mediation and if the deem it to be hazardous to your health (which we all know mould is) they will get it fixed... (take something from your doc about you and your bubs reactions and some pictures to back your case) I hope this helped, and good luck hun :) ------------- http://www.alterna-tickers.com"> 
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Posted By: BuzzyBee
Date Posted: 18 July 2009 at 8:35pm
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Thanks for all your replies, Mum2Paris I'm starting to think our cases are very similar
Lucas is currently on AB's again for his 2nd chest infection since we moved, steroids for his asthma ..I'm on prednisone for my asthma and AB's for a ches infection also. Things came to a head on wed when I discovered mould growing all on the back of my boys bookcase, i got agent out here (and she brought her other male property manager) and it wasn't a pretty sight, he basically had an answer for everything and I ended up in tears, I had no one else here so it was basically 2 against 1, and I'd been up all night with asthma, was exhausted to say the least. I felt rather bullied/belittled and like i made a complete fool of myself. I've been told I HAVE TO clean the curtains that are affected, and clean all the mould off window sills and walls etc, and they really didn't give two craps about the fact that our health was being effected or furniture ruined with mould. I met the owners father on Fri when he bought us a dehumidifier (which seems to be making a bit of a difference with the crying windows) he was lovely and i got his number, so from now on I will contact him if I have any issues. As for us we are still sick but I have a family friend (who specialises in mould removal) coming tomorrow, he is spraying the place (to kill mould & its spores, and hopefully prevent its return) and cleaning everything for us for a reasonable price. The reason why I'm getting it done profesionaly? Exit mould and janola are far too strong for someone with respiratory conditions to inhale and use ...and its a big job which I'd rather have done properly with commericial mould removers, not something that will only fix the problem for a short period of time iykwim Basically I've decided the real estate can get effed, I'll do things my own way and the only time ill deal with them is when inspections are due. I've rung the tribunal several times but the dehumidifier etc are considered 'remedies' and we have to give it a fair go before we can take it further. So heres hoping once the place is sprayed and as we move into warmer weather things will look up, if not I know the steps i need to take and I can get records from GP to prove we've been ill, and i have a GP letter etc. Once we get to about April/May next year I'll start looking for another place, and at least next time I'll know what questions to ask, and what im looking for when we go to view a place. Can only learn from your mistakes. Thanks for all your advice ladies, will let you know how we get on. |
Posted By: Maya
Date Posted: 18 July 2009 at 8:51pm
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If your LL/his dad are quite approachable, is it worth talking to them about the possibility of putting a DVS/HRV in as a more permanent solution? They will be able to get a subsidy on it as you have a Community Services Card, plus it will improve the condition of the house which is a benefit for them.
Our house used to be really damp and my three youngest were all chronically unwell, it wasn't necessarily caused by the damp, but it sure didn't help and we were running 2 dehumidifiers 24-hours a day. Our room was the worst, the curtains were mouldy and smelt disgusting and there were patches of mould on the ceilings as well. I eventually convinced the landlord to install an HRV and it has made an amazing difference, the house is so much drier. It hasn't made a dramatic difference to the girls health, but it's definitely made the house warmer and drier. -------------  Maya Grace (28/02/03)
 (02/01/06)
The Gremlins:Sienna Marie & Mercedes Kailah (14/10/06)
Lil miss:Chiara Louise Chloe (09/07/08)
Her ladyship:Rosalia Sophie Anais (18/06/12)
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Posted By: Candkids
Date Posted: 18 July 2009 at 10:07pm
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my friend whos a property manager down here said get your doctor to write a letter stating that asthma & allergies are getting seriously worse and it has been bought on by your living conditions in the dampness/mould in the house, and how severe it is.
that way you can break the contract of your lease and you may also get your bond back. she also said to keep nagging at them as quite often its the property managers who wont stand up to grumpy landlords etc but if you nag them ebough they will. but really nothing is worth the cost of your or lucas's health id get out now, even if you did break the lease and loose the bond its still a small price to pay for your health good luck & big hugs to you :) ------------- http://lilypie.com" rel="nofollow">  DD 10.5yrs DS 6yrs DS 11mths 5 little angles watching from above |