The Renter’s Debacle

You’ve got more rights than you think, it’s enforcing them that’s the hard part

Last year my coffee and revenge-fuelled-self went hopefully into the tenancy tribunal to hold my landlord accountable for 7 months of black mould, disrepair and lack of good faith communication, and it didn’t go as well as I’d hoped. During this time, however, many of my hours were spent scouring the internet for tenant’s rights, unlawful acts by landlords, and all of that legal mumbo-jumbo that is near impossible to decipher. If this information didn’t help me in the end my hope is that it could help you.

I’ll begin with a list of some basic tenant’s rights that everyone should know:

• If you do not have a written tenancy agreement but are renting you still have all of your rights as a tenant (Community Law NZ)
• Your landlord must provide you heating in your living space with additional enforcements coming in in July 2021 (Community Law NZ)
• Your landlord must fix and pay for any leaks or breakages not caused by tenant misuse (Community Law NZ)
• Your landlord must provide your home in a “Reasonable state of repair”
• Your landlord may not enter your home unless 48hrs notice is given (or 24hrs for emergency repairs)
• Student hostels are not covered by tenancy law (Community Law NZ)
• Your bond cannot be more than 4 weeks rent
• You have a right to “quiet enjoyment” of your flat, meaning the landlord and any other tenants cannot interfere with your privacy or comfort in your home

With the basics out of the way you now know that your home must legally be provided with heating, repairs and privacy. However as Wellingtonians I’m sure many of us know that these are not often observed, respected or even recognised by many landlords. Let’s take a look at steps you can take to hold them accountable.

Firstly, document, document, DOCUMENT! Keep everything on record, from photos of your property’s condition to texts, emails, or any communication with your landlord. Get it in writing, no matter what it is. If it cannot be proved you will have a hard time making a claim. Secondly, a tenant’s secret weapon, “14 day notice to remedy”. I didn’t know this existed until months after the repair problems in our home were present, but as a tenant you have the ability to officially request that any arising repairs be made within 14 days of your notice. Note that this is not a legal right, but a bargaining chip, it is a tool to not only request repairs, but show a landlord’s inaction or ineptitude if this 14 day window is not met. If you contact your landlord about requesting a repair and they refuse or state that the work will be completed in a window later than 14 days you can provide them with this notice and they will have to complete the work in the 14 day window or be subject to a tribunal hearing (Tenancy NZ). These are not the be-all and end-all of getting repairs done, but if work is uncompleted and you haven’t served a 14 day notice you will have a hard time pressing your case in the tribunal.

A breach of the landlord’s responsibility is an unlawful act which can be fined up to $4,000, the problem being you have to prove the breach is intentional. In fact, here is a complete list of fine-able amounts for different breaches to the residential tenancies act:

https://www.legislation.govt.nz/act/public/1986/0120/latest/DLM3285790.html

My final tip, which I hate to admit, is consider if it’s worth a tribunal case. As much as I loved the idea of holding my landlord accountable I didn’t give enough consideration for the risks. As of last year I have a publicly available online document showing my unsuccessful attempt at taking my landlord to court for a lot of money, a blinding red flag to any other potential landlords in the future. Between that and being an unemployed student with a cat, my chances of securing a quality home, or any home in Wellington is dwindling. I fear for homelessness, I fear for a secure flat in the future, and I sometimes curse myself for trying, but mostly I hate that I didn’t know the proper procedure to get a tenancy tribunal case done right.

It was months of disrepair, scathing communication between my property manager and I, and stress I did not need to go through, and I think I’ve buggered my renting future to top it off. I don’t mean to discourage you, dear reader, only to warn you what you’re in for. It’s a slog from the moment the tribunal is brought up, it is scouring tenancy agreements and emails for hours on end, it is just as stressful as living in a home that’s falling apart, but at least it has hope.

There are 100 reasons why living in Wellington is a bitch but housing is 99 of them. Know your rights and exercise them, threaten your landlord with legal action, document everything, serve them a 14 day notice, get it all in writing, and, if you’re really lucky, you might just have a shot. It’s a grim outlook, but in my experience, it’s the outlook that could save you a lot of trouble.

A letter from an Unimpressed Gay

Bibliography

Community Law NZ. “Keeping your home warm and dry.” Community Law NZ, 2020, https://communitylaw.org.nz/community-law-manual/chapter-24-tenancy-and-housing/living-in-your-house-or-flat-rights-and-obligations/keeping-your-home-warm-and-dry-what-your-landlord-has-to-provide/. Accessed 06 01 2020.

Community Law NZ. “Signing a tenancy agreement.” Community Law, 2020, https://communitylaw.org.nz/community-law-manual/chapter-24-tenancy-and-housing/moving-in-signing-a-tenancy-agreement-with-a-landlord/. Accessed 06 01 2021.

Community Law NZ. “Who’s covered by the minimum tenancy protections?” Community Law NZ, 2020, https://communitylaw.org.nz/community-law-manual/chapter-24-tenancy-and-housing/whos-covered-by-the-minimum-tenancy-protections/. Accessed 06 01 2021.

Tenancy NZ. “14 day notice to remedy.” Tenancy.govt.nz, 2014, https://www.tenancy.govt.nz/assets/Uploads/Tenancy/T141-14-day-Notice-to-remedy-landlord-breach-handwritten-letter-template.pdf. Accessed 06 01 2021.