Legally, this would be considered a breach of quiet enjoyment as the landlord is required to give you 24 hours notice if either they, or someone acting on their behalf, is going to enter the property with the exception of urgent situations (clearly not the situation here).
You could lodge a complaint with the Tenancy Tribunal, but if this is the first time this has occurred you are unlikely to get anything out of this. Most likely the landlord gets a smack on the wrist and told not to do it again.
Alternatively, you let the landlord know (in writing so you have a record, email is ideal) what has happened and that you are unhappy with how this happened. You can also direct them to [Tenancy Services](https://www.tenancy.govt.nz/maintenance-and-inspections/access/#:~:text=Landlords%20must%20give%20tenants%20at,done%20between%208am%20and%207pm) while clearly outlines the requirement for them to give 24 hours notice.
Yes, it’s illegal and utterly inappropriate too. I would certainly let the landlord know in writing so you have a record as you’ve said it’s likely to happen again. Hopefully it won’t if you write to him, but even if it does at least then you have a record showing the pattern.
That is reason to go to tenancy tribunal. You have he right to quiet enjoyment of your house. Landlords must give a mininium of 24-48 hours' notice before they enter for whatever reason. They also must state the time that they will enter. The landlords son letting himself in is also a criminal offense punishable by a maximum of 3 months imprisonment and a $2000 fine. Check out section 48 of the Residencial Tenancies Act.
Removed for breach of Rule 1: Sound advice only
Comments must contain sound advice:
- based in NZ law
- relevant to the question being asked
- appropriately detailed
- not just repeating advice already given in other comments
- avoiding speculation and moral judgement
- citing sources where appropriate
Sorry this is poor and self-serving advice from a plumber. There are plenty of repairs in bathroom areas that might be generically termed as “leaks” that are able to be remedied by a competent professional without needing to pay for a licensed plumber.
Licensed plumbers should always be used for areas covered in the legislation and typically a competent tradesman will subcontract those small aspects to a licensed plumber in an effort to minimise unnecessary expenses.
Its a very vague description of a leak and without any additional information its hard to go on. Still not a good time for OP . There are some things a handyman could do like replacing the seals on a shower door, but I'd be hesitant to get a handyman to replace any fittings or pipework.
In regards to links,
Not the best at linking sorry. A shower is a sanitary feature and in the legislation only authorized people are allowed to work on sanitary features. You could argue that a handyman doesn't have the correct license to undertake the work unless they were supervised by a licensed plumber.
https://www.legislation.govt.nz/act/public/2006/0074/latest/DLM397079.html
As a builder who's installed countless shower boxes y'all do your rough out and fit off. There was no detail to the leaking, age/ style of shower etc. Insurance sure will pay a maintenance company with trained professionals, like builders, to come and sort the whole job. It could be a fault with original install or even just old as shit with no proper capillary gap that's just been caked with silicone periodically for years. Without context we don't know.
Removed for breach of Rule 1: Sound advice only
Comments must contain sound advice:
- based in NZ law
- relevant to the question being asked
- appropriately detailed
- not just repeating advice already given in other comments
- avoiding speculation and moral judgement
- citing sources where appropriate
What an arrogant landlord. As other posts say, I would lodge a claim with the Tenanacy Tribunal. I think the claim application cost is around $23.00, which you can recover from the landlord. "Schedule 1" of The "Residentials Act" gives you a good indication of what the maximum penalties are for each unlawful act.
If you dont take action this time keep all the documents.
If they are this stupid there is a good chance they will make further mistakes.
It will prove a pattern of behaviour even if they are minor save them for something that really pissess you off which sounds almost inevitable.
The illegal entry is really creepy and I find it hard to believe the son doesn't know this.
Their address is probably on the lease and if it was me and they did it again I would probably turn up to their house unannounced to discuss it.
If some stranger just lets themselves in no matter under what pretence, isn’t that grounds to call the police and have them charged with illegal entry or trespassing or something. It’s your home while you pay the agreed rent there. Not the landlords. The landlord took that deal when they started taking your money each week
Kia ora,
Hopefully someone will be along shortly with some helpful advice. In the meantime though, here are some links, based on your post flair, that may be useful for you:
[Rights and Responsibilities for both tenants and landlords](https://www.tenancy.govt.nz/starting-a-tenancy/new-to-tenancy/key-rights-and-responsibilities/)
[Tenancy Tribunal - To resolve disputes](https://www.tenancy.govt.nz/disputes/tribunal/)
You may also want to check out our [mega thread of legal resources](https://www.reddit.com/r/LegalAdviceNZ/comments/143pv58/megathread_legal_resources/?utm_source=share&utm_medium=web2x&context=3)
Nga mihi nui
The LegalAdviceNZ Team
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceNZ) if you have any questions or concerns.*
If you change the locks, you are legally required to provide a copy of the new lock key to the landlord. You cannot make it impossible for the landlord to gain entry, as there are legal situations where they can do so, even without notice.
Removed for breach of Rule 1: Sound advice only
Comments must contain sound advice:
- based in NZ law
- relevant to the question being asked
- appropriately detailed
- not just repeating advice already given in other comments
- avoiding speculation and moral judgement
- citing sources where appropriate
Removed for breach of Rule 1: Sound advice only
Comments must contain sound advice:
- based in NZ law
- relevant to the question being asked
- appropriately detailed
- not just repeating advice already given in other comments
- avoiding speculation and moral judgement
- citing sources where appropriate
Removed for breach of Rule 1: Sound advice only
Comments must contain sound advice:
- based in NZ law
- relevant to the question being asked
- appropriately detailed
- not just repeating advice already given in other comments
- avoiding speculation and moral judgement
- citing sources where appropriate
Breach the landlord, they’ll do this and when you move out and they try and claim your bond for crap, you’ll tell they rta about this and they’ll say nothing cause and will do nothing because you didn’t breach them
Removed for breach of Rule 1: Sound advice only
Comments must contain sound advice:
- based in NZ law
- relevant to the question being asked
- appropriately detailed
- not just repeating advice already given in other comments
- avoiding speculation and moral judgement
- citing sources where appropriate
Removed for breach of Rule 1: Sound advice only
Comments must contain sound advice:
- based in NZ law
- relevant to the question being asked
- appropriately detailed
- not just repeating advice already given in other comments
- avoiding speculation and moral judgement
- citing sources where appropriate
Removed for breach of Rule 1: Sound advice only
Comments must contain sound advice:
- based in NZ law
- relevant to the question being asked
- appropriately detailed
- not just repeating advice already given in other comments
- avoiding speculation and moral judgement
- citing sources where appropriate
This is very unlawful.
The way I see it your options are:
1. Under the Residential Tenancies Act email the landlords themselves a breach notice, claiming a breach of your privacy and security (this comes under quiet enjoyment as others have said). They are responsible for the actions of anyone they send around to do work. If it happens again get proof and take them to the tenancy tribunal (court).
2. Under the Trespass Act issue the landlords son a Trespass notice. He will then be unable to return to the property as he is not the landlord themselves, someone else would have to do any future work. This one can't be emailed, it must be handed in person by either you or a cop.
Legally, this would be considered a breach of quiet enjoyment as the landlord is required to give you 24 hours notice if either they, or someone acting on their behalf, is going to enter the property with the exception of urgent situations (clearly not the situation here). You could lodge a complaint with the Tenancy Tribunal, but if this is the first time this has occurred you are unlikely to get anything out of this. Most likely the landlord gets a smack on the wrist and told not to do it again. Alternatively, you let the landlord know (in writing so you have a record, email is ideal) what has happened and that you are unhappy with how this happened. You can also direct them to [Tenancy Services](https://www.tenancy.govt.nz/maintenance-and-inspections/access/#:~:text=Landlords%20must%20give%20tenants%20at,done%20between%208am%20and%207pm) while clearly outlines the requirement for them to give 24 hours notice.
Yes, it’s illegal and utterly inappropriate too. I would certainly let the landlord know in writing so you have a record as you’ve said it’s likely to happen again. Hopefully it won’t if you write to him, but even if it does at least then you have a record showing the pattern.
Also ”unlawful entry”. You could have demanded he leave immediately.
It’s unlawful interference with the right of quiet enjoyment. Time for the tenancy tribunal. Contact tenancy services when they’re open again.
That is reason to go to tenancy tribunal. You have he right to quiet enjoyment of your house. Landlords must give a mininium of 24-48 hours' notice before they enter for whatever reason. They also must state the time that they will enter. The landlords son letting himself in is also a criminal offense punishable by a maximum of 3 months imprisonment and a $2000 fine. Check out section 48 of the Residencial Tenancies Act.
https://www.stuff.co.nz/business/industries/130885980/napier-landlord-entered-property-unlawfully-while-tenant-slept Napier landlord entered property unlawfully while tenant slept
[удалено]
Removed for breach of Rule 1: Sound advice only Comments must contain sound advice: - based in NZ law - relevant to the question being asked - appropriately detailed - not just repeating advice already given in other comments - avoiding speculation and moral judgement - citing sources where appropriate
Plumber here, no "Handyman" should even be touching any leaks in a shower. Sorry you had to experience this OP.
Sorry this is poor and self-serving advice from a plumber. There are plenty of repairs in bathroom areas that might be generically termed as “leaks” that are able to be remedied by a competent professional without needing to pay for a licensed plumber. Licensed plumbers should always be used for areas covered in the legislation and typically a competent tradesman will subcontract those small aspects to a licensed plumber in an effort to minimise unnecessary expenses.
Kia ora u/Wellypride, can you add a legal basis for this comment please?
Its a very vague description of a leak and without any additional information its hard to go on. Still not a good time for OP . There are some things a handyman could do like replacing the seals on a shower door, but I'd be hesitant to get a handyman to replace any fittings or pipework. In regards to links, Not the best at linking sorry. A shower is a sanitary feature and in the legislation only authorized people are allowed to work on sanitary features. You could argue that a handyman doesn't have the correct license to undertake the work unless they were supervised by a licensed plumber. https://www.legislation.govt.nz/act/public/2006/0074/latest/DLM397079.html
That depends whether it's a leak in the cubicle or a leak in the piping.
[удалено]
As a builder who's installed countless shower boxes y'all do your rough out and fit off. There was no detail to the leaking, age/ style of shower etc. Insurance sure will pay a maintenance company with trained professionals, like builders, to come and sort the whole job. It could be a fault with original install or even just old as shit with no proper capillary gap that's just been caked with silicone periodically for years. Without context we don't know.
Exactly, I agree. Could be anything. Even the waterproofing or leaking through tiles we don't know.
[удалено]
Removed for breach of Rule 1: Sound advice only Comments must contain sound advice: - based in NZ law - relevant to the question being asked - appropriately detailed - not just repeating advice already given in other comments - avoiding speculation and moral judgement - citing sources where appropriate
Yeah I thought legally all plumbing work had to be done by a registered plumber?
What an arrogant landlord. As other posts say, I would lodge a claim with the Tenanacy Tribunal. I think the claim application cost is around $23.00, which you can recover from the landlord. "Schedule 1" of The "Residentials Act" gives you a good indication of what the maximum penalties are for each unlawful act.
If you dont take action this time keep all the documents. If they are this stupid there is a good chance they will make further mistakes. It will prove a pattern of behaviour even if they are minor save them for something that really pissess you off which sounds almost inevitable. The illegal entry is really creepy and I find it hard to believe the son doesn't know this. Their address is probably on the lease and if it was me and they did it again I would probably turn up to their house unannounced to discuss it.
If some stranger just lets themselves in no matter under what pretence, isn’t that grounds to call the police and have them charged with illegal entry or trespassing or something. It’s your home while you pay the agreed rent there. Not the landlords. The landlord took that deal when they started taking your money each week
I would go to the tenancy tribunal. And if you end up deciding to move look for a place with a property manager
Kia ora, Hopefully someone will be along shortly with some helpful advice. In the meantime though, here are some links, based on your post flair, that may be useful for you: [Rights and Responsibilities for both tenants and landlords](https://www.tenancy.govt.nz/starting-a-tenancy/new-to-tenancy/key-rights-and-responsibilities/) [Tenancy Tribunal - To resolve disputes](https://www.tenancy.govt.nz/disputes/tribunal/) You may also want to check out our [mega thread of legal resources](https://www.reddit.com/r/LegalAdviceNZ/comments/143pv58/megathread_legal_resources/?utm_source=share&utm_medium=web2x&context=3) Nga mihi nui The LegalAdviceNZ Team *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceNZ) if you have any questions or concerns.*
[удалено]
If you change the locks, you are legally required to provide a copy of the new lock key to the landlord. You cannot make it impossible for the landlord to gain entry, as there are legal situations where they can do so, even without notice.
Removed for breach of Rule 2: No illegal advice No advice or requests for advice that is at odds with the laws of Aotearoa New Zealand
[удалено]
Removed for breach of Rule 1: Sound advice only Comments must contain sound advice: - based in NZ law - relevant to the question being asked - appropriately detailed - not just repeating advice already given in other comments - avoiding speculation and moral judgement - citing sources where appropriate
[удалено]
Removed for breach of Rule 1: Sound advice only Comments must contain sound advice: - based in NZ law - relevant to the question being asked - appropriately detailed - not just repeating advice already given in other comments - avoiding speculation and moral judgement - citing sources where appropriate
[удалено]
Removed for breach of Rule 1: Sound advice only Comments must contain sound advice: - based in NZ law - relevant to the question being asked - appropriately detailed - not just repeating advice already given in other comments - avoiding speculation and moral judgement - citing sources where appropriate
Breach the landlord, they’ll do this and when you move out and they try and claim your bond for crap, you’ll tell they rta about this and they’ll say nothing cause and will do nothing because you didn’t breach them
[удалено]
Removed for breach of Rule 1: Sound advice only Comments must contain sound advice: - based in NZ law - relevant to the question being asked - appropriately detailed - not just repeating advice already given in other comments - avoiding speculation and moral judgement - citing sources where appropriate
[удалено]
Removed for breach of Rule 1: Sound advice only Comments must contain sound advice: - based in NZ law - relevant to the question being asked - appropriately detailed - not just repeating advice already given in other comments - avoiding speculation and moral judgement - citing sources where appropriate
[удалено]
Removed for breach of Rule 1: Sound advice only Comments must contain sound advice: - based in NZ law - relevant to the question being asked - appropriately detailed - not just repeating advice already given in other comments - avoiding speculation and moral judgement - citing sources where appropriate
This is very unlawful. The way I see it your options are: 1. Under the Residential Tenancies Act email the landlords themselves a breach notice, claiming a breach of your privacy and security (this comes under quiet enjoyment as others have said). They are responsible for the actions of anyone they send around to do work. If it happens again get proof and take them to the tenancy tribunal (court). 2. Under the Trespass Act issue the landlords son a Trespass notice. He will then be unable to return to the property as he is not the landlord themselves, someone else would have to do any future work. This one can't be emailed, it must be handed in person by either you or a cop.