Navigating tenant-landlord tensions in tightening financial times

Understanding Common Issues and Protecting Your Rights

As the financial situation in the country starts to tighten, relationships between landlord and tenant can become strained. We are seeing an increasing number of matters being referred to the Tenancy Tribunal, and so it is timely to set out what some of the common issues are, whether you are the tenant or the landlord.

Notice to Fix

One of the duties of a landlord is to “maintain the premises in a reasonable state of repair having regard to the age and character of the premises”. This does not mean that the property has to be in perfect condition or free from any defect whatsoever, but in plain English – if something breaks because of fair wear and tear or just bad luck, the landlord should probably fix it.

There is also no requirement for a landlord to fix it immediately. Some things can be fixed very easily with a quick trip to the local hardware store. Other things may require a bit more of a fix, such as ordering specific parts from overseas for an appliance. If there is a long delay in getting something important fixed like a heat pump or oven, the landlord should probably consider discounting some of the rent for the property to reflect the loss of amenity.

A tenant can issue a 14-day “notice to fix”. If the landlord does not fix in that time, they could end up in front of the Tenancy Tribunal being asked to explain the situation. This could be accompanied with a hefty dollar figure going to the tenant.

However, a tenant cannot withhold rent until the landlord fixes the issue, as the tenant has obligations to pay rent as and when it is due.

Rental Arrears

A landlord can issue a 14-day notice for rental arrears. A tenant who does not pay their rent on time could end up in front of the Tenancy Tribunal explaining why. This will mean that future landlords will be able to search the tenant online, which will make getting any kind of rental property in future more difficult.
If the rent is 21 days in arrears at the time the landlord makes an application to the Tenancy Tribunal, the landlord can ask the Tribunal to terminate the tenancy and the Tribunal must do so (i.e. there is no discretion, subject to certain conditions). Tenants who withhold rent could find themselves in this situation and without somewhere to stay.

Quiet Enjoyment vs Right of Entry

Tenants generally enjoy a right to be left alone by the landlord during their tenancy. The arrangement is not normally one where the landlord can visit and thereby disrupt the peace and quiet of the tenant.
There are some exceptions to this. Common exceptions to this rule are entering in an emergency, to inspect the property or make sure any required work is done with 48 hours’ notice or to carry out repairs or maintenance with 24 hours’ notice.

In general, a landlord can visit the garden around the property or drive past and look at it as long as this behaviour is not so regular that it crosses the line into harassment.

Retaliatory Notice

A tenant who exercises any of these rights cannot have their tenancy terminated because they are “being a nuisance” or “making things difficult”. In those circumstances, that is called a retaliatory termination and can involve significant amounts of money awarded against the landlord.

How we can help

Our specialist dispute resolution team regularly appears in the Tenancy Tribunal and can help guide you through what may be an unfamiliar or stressful situation. You can view our team here. We know how the system works, which way previous similar decisions have gone, and we can help advise you as to how best to reduce your legal liability.

Getting in touch with us early can be a weight off your mind. Once you provide us with all the relevant paperwork, we can take care of the rest.

If you are at the point where something has already happened, the earlier you can get us involved the more help we can be. Please don’t hesitate to send us a quick email, or phone us on 470 2400 and we’ll get started helping you resolve your problems. 

WRMK Lawyers takes all reasonable care to make sure that the information in this article is up-to-date and accurate at today’s date. It is necessarily general information and not intended as legal advice to be relied upon.

Our thanks to Pablo Hamber for writing this article.