Anyone know the law/s on leases or tenancy agreements?

[cliffdunedin 8]

Well, my younger sister lives by herself in an attatched unit and is having trouble with the neighbours adjoining her place. They are a gay couple who have parties constantly, smash bottles on the drive and carpark and she does often feel unsafe.

she has complained to the police who have come around a couple of times and also to the landlord who has said, she does not want to kick them out as they have been there a long time and always pays rent! Last night at 12.30am she told them to shut up as they were right outside who window and she had work the next day, this morning...she woke to find a tyre had been let down!

She wants to move out, but is under contract untill Feb 2011

Anyone know, what she can do apart from me going and knocking some heads which was my plan!!

[Wom 0]

the landlord of the noisy neighbours needs to sort their stuff out and kick out the tenants

part of a tenancy agreement is that you don't disturb your neighbours, and it sounds like those guys are in breach of their agreement

http://www.dbh.govt.nz/tenancy-index there may be some info on there that could help

[Etwenty1 45]

Well, my younger sister lives by herself in an attatched unit and is having trouble with the neighbours adjoining her place. They are a gay couple who have parties constantly, smash bottles on the drive and carpark and she does often feel unsafe.

she has complained to the police who have come around a couple of times and also to the landlord who has said, she does not want to kick them out as they have been there a long time and always pays rent! Last night at 12.30am she told them to shut up as they were right outside who window and she had work the next day, this morning...she woke to find a tyre had been let down!

She wants to move out, but is under contract untill Feb 2011

Anyone know, what she can do apart from me going and knocking some heads which was my plan!!

I think as a tenant you are entitled to "undisturbed possession" of the property and if the landlord cant provide that then you would have grounds to canel the lease without penalty. It will come down to who the landlord wants to keep. Get her to call tenency services on the 0800 number. They will call the landlord and mediate for her.

Out of interest are we talking male gays or girl action? sorry......

[Palazzo 477]

It's called "quiet enjoyment" and she would have a clear case if she could prove the police have been and the landlord (in writing) has refused to do anything about it. As with anything like this, written records will be her friend.

[msport-wut 0]

I think with the current situation her landlord should release her of the contract. If she provides Police reports and gives a good case - most landlords would take that under consideration and be fine with it.

Alternatively if the landlord does not go for that she can most likely sub-lease the place

Good luck!

[Phatputer 3]

Sub-lease can be tricky, often it is written into the agreement when you sign that you are not able to sub-lease the property you are in, also you end up being ultimately responsible if the person you sub-lease it too ends up damaging the place.

[cliffdunedin 8]

the landlord of the noisy neighbours needs to sort their stuff out and kick out the tenants

part of a tenancy agreement is that you don't disturb your neighbours, and it sounds like those guys are in breach of their agreement

Cheers mate, thanks for the info.

Out of interest are we talking male gays or girl action? sorry......

Guys unless you like that kind of action

It's called "quiet enjoyment" and she would have a clear case if she could prove the police have been and the landlord (in writing) has refused to do anything about it. As with anything like this, written records will be her friend.

I think with the current situation her landlord should release her of the contract. If she provides Police reports and gives a good case - most landlords would take that under consideration and be fine with it.

Alternatively if the landlord does not go for that she can most likely sub-lease the place

Good luck!

She still has texts to and from the landlord and i'm sure the police will have records of her calls.

Subleasing just wouldn't be fair on the next tenants...she did think of that though

[M3_Power 636]

It's called "quiet enjoyment" and she would have a clear case if she could prove the police have been and the landlord (in writing) has refused to do anything about it. As with anything like this, written records will be her friend.

Not strictly correct. "Quiet Enjoyment" relates to the Landlord leaving the Tenants in peace.

The law here is actually to do with derogation of grant (but this would only apply with common landlords) - where the landlord's action or inaction causes the grant of lease to be lessened - in this case her quiet enjoyment of the lease affected by a third party.

Couple of things first:

Does she have a common landlord with the neighbour? If not, then it becomes a whole new issue (becomes an issue in nuisance, which is a tort)

So I am presuming she is on a 'fixed term' tenancy?

Get her reading this first:

http://www.dbh.govt.nz/tenancy-agreement#aid7

And call Tenancy Services to seek advice.

She can of course always talk to the landlord first and try and come to a compromise.

If she isn't on a fixed term (tell her to read her agreement - it might actually be a periodic and not a fixed term even when the parties think it is) - then all she needs is 21 days notice to terminate.

Edited October 14, 2010 by M3_Power

[Palazzo 477]

Definition:

In the covenant of quiet enjoyment, the landlord promises that during the term of the tenancy no one will disturb the tenant in the tenant's use and enjoyment of the premises.

[Wom 0]

Do you know if any other neighbours are constantly annoyed by the noisy neighbours?

I was just thinking that if you get enough people complaining to the police, noise control and the landlord in question, then that could get them to either shut up and respect their neighbours, or get them kicked out.

[M3_Power 636]

Definition:

In the covenant of quiet enjoyment, the landlord promises that during the term of the tenancy no one will disturb the tenant in the tenant's use and enjoyment of the premises.

"no one" refers to the landlord or the landlord's representatives.