Gihtrust.co.nz
1-116 Line Road
Glen Innes
AUCKLAND 1743
NEW ZEALAND
RESIDENTIAL TENANCY ACT 1986
Recent Amendments to the Residential Tenancy Act seem to weigh power to the side of landlords more than to the tenant. In my experience of landlords and the Tenancy Service, it's all very well quoting the law and everything, but when decisions are made it seems always in favour of the landlord. The Tenancy Service therefore is only a rubber stamp for landlords like Housing New Zealand Corporation. Still you might strike a good honest mediator or adjudicator who would weigh logic and valid conclusions other than towing the political line.
Most housing complaints are based on Section 40 and 45 of the RTA 1986. When you lodge a complaint, the TM or Case Manager or Housing authority will always say something like; 'if you don't like it here why don't you go somewhere else?' First of all, the statement is an honest attempt to coerce you out of the legal Agreement in order for the landlord to avoid his/her legal responsibilities. It is unethical and unprofessional practice. It may not have enough substance for a crime but it's certainly bullying.
Before you lodge a claim, make sure you follow your responsibilities as a tenant under Section 40 (1) (d); to notify the landlord of any damages and or need for repairs, and interference from other tenants.
Section 40 (2) (c); is the responsibility of other tenants to ensure they don't cause or permit any interference with the reasonable peace, comfort, or privacy of the landlord's other tenants including yourself in the use of the premises or with the reasonable peace, comfort, or privacy of any other person residing in the neighbourhood. The landlord is obliged under Section 45 (1) (a); to provide the premises in a reasonable state of cleanliness, (b); to maintain the premises in a reasonable state of repair, (d); compensate the tenant for any reasonable expenses incurred by the tenant in repairing the premises, (e); take all reasonable steps to ensure that none of the other landlords tenants causes or permits any interference with the reasonable peace, comfort, and privacy of the tenant in the use of the premises.
The landlord always passes on the blame to the Police and if you do make sure you obtain a victim's report to provide evidence of such incidents. If the culpable tenant is upstairs or next door and is a tenant of the landlord, and the problem is described in the above sections, then it is a valid complaint.
Like I said if you ring the Tenancy Services to check on your complaint, almost always one of them will tell you that you don't have a valid claim especially when it comes to the landlord's responsibilities. There are tenants who have paid thousands of dollars to HNZC for wear and tear repairs so I would document everything clearly in a case presentation.
Some of the charitable trusts are subservient to landlords for funding and for housing reasons, so they too may tow the same political line. Smaller and independent trusts struggle against politically influenced organisations for funding, so it might be difficult to find honest help.
Trusts are no longer allowed to represent tenants, but we can help prepare you for a case and to support in the Tribunal without verbal communication...
You are always welcome if you need support. E-mail Me
Good Luck
Peter T. Wilson
Administrator
Glen Innes Housing Trust
