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  1. #1

    Question Landlord Moved In To Sleepout Only Reduced Rent $25

    Hi,
    We have lived in a residential property since 2013, with agreement from the landlord my mother was given permission to sub-let the sleep-out located just meters from the main house to my sister for her and her kids,( the sleep-out is not legally a secondary dwelling), we were charged $550 a week for the entire property, but the landlord gave us notice she would need to move in to the sleep-out as advised by her lawyer while she went through a divorce from her husband so that he could not try to force sale of the property though it was solely under her name only.
    The tenancy agreement was replaced with a new one when she hired a property management agent, the agreement however made no mention of the landlord residing on the property or any part of the property being made inaccessible to us although we understood this was going to be the case.
    The problem is that the rent was only reduced $25 a week and the landlord has not only taken the sleep-out for her own use but had builders install two fences that ran along the side of the property and a car park for her own use in the driveway, she also has taken the patio located of the back deck which is roughly 5 by 3.5 square meters in size.
    Our Right to quiet enjoyment of the property is non existent, and for the last few weeks every garden including the ones under our bedroom windows have been taken over by her and we look out our windows when we hear a noise while in our rooms to find her right there outside the window gardening, my mother said she had a power meter installed in the sleep-out and she takes the power bill and somehow calculates her portion and gives the money to my mother as she cannot have a power bill set up in her name because it is not a separate dwelling, that means the rubbish bin, recycling bin, and mailbox are shared with the landlord, we tried mentioning our concern of the rent not being reduced more than $25 with the property agent considering the size of the area the landlord has claimed for her own exclusive use but we were rudely shutdown, sorry for all the information but I don't know where we stand with this issue

  2. #2
    Join Date
    Mar 2015
    Location
    Brisbane Wellington Auckland
    Posts
    933

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    Quote Originally Posted by RoseTinker View Post
    Hi,
    We have lived in a residential property since 2013, with agreement from the landlord my mother was given permission to sub-let the sleep-out located just meters from the main house to my sister for her and her kids,( the sleep-out is not legally a secondary dwelling), we were charged $550 a week for the entire property, but the landlord gave us notice she would need to move in to the sleep-out as advised by her lawyer while she went through a divorce from her husband so that he could not try to force sale of the property though it was solely under her name only.
    The tenancy agreement was replaced with a new one when she hired a property management agent, the agreement however made no mention of the landlord residing on the property or any part of the property being made inaccessible to us although we understood this was going to be the case.
    The problem is that the rent was only reduced $25 a week and the landlord has not only taken the sleep-out for her own use but had builders install two fences that ran along the side of the property and a car park for her own use in the driveway, she also has taken the patio located of the back deck which is roughly 5 by 3.5 square meters in size.
    Our Right to quiet enjoyment of the property is non existent, and for the last few weeks every garden including the ones under our bedroom windows have been taken over by her and we look out our windows when we hear a noise while in our rooms to find her right there outside the window gardening, my mother said she had a power meter installed in the sleep-out and she takes the power bill and somehow calculates her portion and gives the money to my mother as she cannot have a power bill set up in her name because it is not a separate dwelling, that means the rubbish bin, recycling bin, and mailbox are shared with the landlord, we tried mentioning our concern of the rent not being reduced more than $25 with the property agent considering the size of the area the landlord has claimed for her own exclusive use but we were rudely shutdown, sorry for all the information but I don't know where we stand with this issue
    Be nice to your landlord .
    She has a lot of problems
    If the house is sold due to the divorce you will have no home.

  3. #3
    Join Date
    Sep 2011
    Location
    Dunedin
    Posts
    1,740

    Default

    she has problems so do you, renegotiate the rent,

  4. #4
    Join Date
    May 2004
    Posts
    2,901

    Default

    Deal only with the property manager who is your landlord now. Set everything out in writing to them immediately and make your specific requests with reasons. Your post here says you have a good handle on that. See what the PM comes back with, and if not complete answers keep asking. Record incidents and phone calls. You have recourse to the Tenancy Tribunal and the PM will be aware that quite significant penalties can be applied.

    You probably will not want to go to the TT right now, for obvious reasons, but time to get the ducks in a row. That should get the PM focused.

    And start thinking about moving when that becomes possible. Sounds like that will become inevitable.

  5. #5
    Join Date
    Aug 2003
    Posts
    7,823

    Default

    Look at what you can control and that's where you live so I agree with the sentiment mentioned so far - you don't have to live there and moving maybe your best course of action for your own peace of mind etc. Before you make a decision however weigh up the pros and cons of a staying vs a move and then if you work out it's better to stay go get a better outcome, i.e. your property must have some outdoor area for your exclusive use etc. Get in writing and poss. a visual of what's yours for exclusive use etc.

    The tenancy agreement was replaced with a new one when she hired a property management agent, the agreement however made no mention of the landlord residing on the property or any part of the property being made inaccessible to us although we understood this was going to be the case.
    PMs on here will know if this gives you some leverage.

    cheers,

    Donna
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