A tenant is claiming loss of peace and enjoyment. Has anyone had a case where this was bought again them?
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Loss of peace and enjoyment
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Yes sort of, got lots of whinges but no basis, they were out of their trees, but I found out about case law.
What do they reckon you did? What did you actually do?
I will need to check my files but from memory you have to try quite hard to meet the test.
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I haven't come across it but very keen to know what they are basing the claim on. Have you been forceful in terms of demanding inspections without giving at least 48 hours notice?www.PropertyMinder.co.nz
# Property Management
# Ad Hoc Tenancy Services / Rental Inspections / Terminations and Notices
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I'm interested to hear what happened here as well, but from a tenants perspective. My landlord is a large company who own lots of land. Recently they were having work done to remove asbestos from land next to the property we rent (so not within the property boundary but the work area started directly on the boundary). We had to deal with diggers, large trucks and a water canon (which wet the soil before it was put in the trucks) from 7am until 6pm 7 days a week. The house would shake (the plates in the cupboards would rattle), the bed would shake (I have 5 month old twins so try and catch a nap whenever I can). We couldn't go in the garden within the aforementioned work hours (in the school holidays!), I couldn't use the washing line, the windows and doors had to be kept shut etc etc yet our landlord refused to compensate us. Tenancy Services said we had no specific rights to compensation but we could claim loss of quiet peace and enjoyment of the property if we wanted. "Other" people said we shouldn't be paying rent, should have been rehoused etc etc but I guess that was just their opinion. Has anyone here dealt with similar circumstances?
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Hi Argo, welcome.
Not paying rent is never a good option, as the company will probably look to recover the rent via the Tenancy Tribunal. If they win, this decision will be online for other Landlords to view and may effect your future ability to secure rental acommodation.
You say your LL owns "lots of land". Do you also mean, "lots of other rentals". If so, have you specifically asked them if you can move accommodation?
On the face of it, you certainly have lost a degree of peace and enjoyment. If you lodged your own application to the TT, in the first instance it may at least make the company take you seriously. Secondly, at the Tribunal the adjudicator may uphold your application and make a judgement in your favour.
If you wanted to avoid aggrevation, you could just give your LL notice and move out in 21 days (if you are on periodic tenancy).
Most of us here are Landlords, and also probably parents. With your 2 young kids it sounds like a pretty stressful time. All the best.
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Originally posted by Wayne View PostAnd if the land next door was owned by someone else would you complain to the LL?
Argo, you should keep paying your rent. However, the real question is: what do you want the outcome to be? Do you want reduced rent? Or do you want less construction noise? You could lodge a claim in the Tenancy Tribunal seeking either of these. You won't be able to seek exemplary damages because the breach is unlikely to be considered harassment (unless you've got evidence of prior relationship breakdown). But you might be able to get something else, if you know what you want.
How much longer is the construction due to continue for?
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Originally posted by Sante View PostArgo, you should keep paying your rent. However, the real question is: what do you want the outcome to be? Do you want reduced rent? Or do you want less construction noise? You could lodge a claim in the Tenancy Tribunal seeking either of these. You won't be able to seek exemplary damages because the breach is unlikely to be considered harassment (unless you've got evidence of prior relationship breakdown). But you might be able to get something else, if you know what you want. How much longer is the construction due to continue for?
Our LL's are a BIG company. They own lots of land and lots of other rentals. They are aware we are looking for a bigger rental and have advised us they will let us know if/when one comes available. Their attitude sucks, very much like they are the Lords and we are the mere tenants. They told us porkies about how long the works would be happening for (told us 2 weeks when the foreman told us 4 weeks from the very start) We choose to stay here however, because we like the house and it is SO difficult to get another rental in Auckland.
We requested reduced rent for the duration of the works and they basically laughed and said no way. I did mention Tenancy Tribunal but it seems like too much hassle for potentially nothing (other than further destroying the Landlord/Tenant relationship some more). I them emailed one of the higher up bods in the company and my email was completely ignored.
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