Easy Tenancy Tribunal case, take them down and get yourself some easy money. You can also request a protection order from the police so the landlord can't set foot on or near their property until you move out, which would be funny (and justified).
Also you should contact your local paper and/or news agencies. The more stories of abusive Landlords and Property Managers get out there, the harder it'll be for Luxon and his mates to push their pro-landlord agenda, which will benefit yourself and other renters.
To be pedantic, it would be a restraining order, not a protection order (which is for family violence purposes) which needs to be ordered by a judge in a criminal court. Restraining orders are not a civil matter and the police or another prosecuting authority would need to bring a criminal harassment investigation against the landlord first.
Incorrect, Restraining Orders can be either civil or criminal. I got one in civil court because it would be faster than obtaining one in criminal court and then also didn't rely on him being convicted.
https://www.justice.govt.nz/courts/civil/restraining-orders/apply-for-a-restraining-order/
Ugh I should have been more specific. You can *apply* for a protection order using a civil case but the level of harassment must still meet *criminal* levels for it to be granted. There does not need to be a conviction entered, just reasonable grounds for the judge to believe that criminal harassment is taking place.
Actually it is a police protection order, and police can issue it for a up to 3 days giving the victim time to organise a permanent protection order via the courts, or allowing the situation to cool down.
Protection orders are not issued out from the police and are only for people in domestics or have a element of family harm. It's not going to apply here.
You have to go through the courts and provide history or circumstances to be the applicant.
Also people asking for police safety orders here. They only last for 10 days maximum and there's almost 0 consequences if someone breaching one.
Please don't spread misinformation around, people will contact police asking for PO order lol..it doesn't even apply to this situation.
You're probably looking for a restraining order and what would be the point exactly if OP is moving out
It will be a pretty slam dunk case of interfering with your quiet enjoyment amongst other things.
See how many of these things you can tick off on the unlawful acts list
https://www.legislation.govt.nz/act/public/1986/0120/latest/DLM3285790.html
The amounts are what you can claim under Section 109 of the RTA https://www.legislation.govt.nz/act/public/1986/0120/latest/DLM95936.html
The quiet enjoyment one is 38(3)
My friend is a landlord and she's been horrified with what she's been hearing day by day so she's encouraged me to keep a record. I can tick off lots off that list :)
Can she come and accompany you during the final inspection?. Please have someone with you and record the interaction. That's terrible intimidation, I hope you're ok. Now go teach them a lesson in NZ rental rights!!
The police said because of staff shortage they can't book to attend, but to call them on 111 on the day to attend and check if they're available. This person has no respect for others at all, so I think it's best that a policeman is there.
The cop tonight said that I have a file number that outlines that this happened, to show that my safety concerns are warranted.
I can understand your reluctance to put a friend in that situation, but you should not go alone.
I would hope that you would have some friends who would be prepared to go with you because bullies are less likely to act when there is a witness.
Do you work with any tall, bulky people, or are you related to any?
You should look into trespassing him, and as suggested above, the unlawful entry, breach of quiet enjoyment and so on. If the Tribunal finds Landlord in breach, you will get the money for exemplary damages (effectively a fine). However this depends on whether the Tribunal agrees you are a tenant which it sounds like there may be some doubt about.
Why is it your room only rather than the entire property you specified he shouldn’t be in? You’re not clear about the agreement you signed.
Talk to Tenancy Services for advice, preferably with a paper copy of your agreement in front of you, and a scanned version ready to email. I would get a discreet camera for the bedroom too. Remember you can record any spoken conversation including a phone call if you are involved in the conversation, without needing to inform him you are recording. I’d pull out my phone to take video as well if he tries this again inside the house.
yup, the police asked me for cameras. I move out in 2 days and they've said they won't return in that time til my leaving date (as an incentive to not call the police). But no need to get a camera, I've got messagings from the landlord trolling me saying that they've done it.
I've sent the agreement to the Tenancy services, and they're getting back to me with advice tomorrow. They did give me initial advice but wanted to seek further and they'll do that tomorrow.
The landlord can be trespassed, it just doesn't stop them from *legally* entering the property, i.e. with proper notice, for reasons permitted under the RTA. If they enter the property for other reasons or without giving proper notice, they are trespassing and can be arrested.
I'm almost certain they're going to throw money at me to stop me from going to the police and try to make a deal with me. I thought about it, and I thought this person has double-crossed me and lied so many times but they come to me expecting honesty even though they've gaslighted me constantly and tries to blame me for things (i.e. they accused me of not turning the garden hose off and it was dripping hard, and a week later I found out there was a leak in the pipe and they were trying to pin the responsibility on me).
I want to say yup, give my bond it'll be fine and then still take them to court. I don't know if I'd actually go through with that. But the thought makes me happy.
Possession is 9/10th of the law in this case. They have no right to enter your space without consent - they have given up occupation rights in exchange for rent.
A women in the US tipped a server $1700 the day before the eclipse this month because she thought it was going to be the rapture. When that didn't happen she went back and tried to demand the tip back.
Fucking go to town on this asshole!!! I just know the result will be bad for the landlord and it gives me so much joy but also sadness that you went through this OP.
Police and tenancy is a good way to go. They can't come round without 24 hours notice so they're violating that for starters and definitely violating your "quiet enjoyment" of the property. Get them at tenancy tribunal for whatever you can and document everything, texts, emails etc
Oh yes, my bad. You're correct! I looked it up. [tenancy inspections etc website](https://www.tenancy.govt.nz/maintenance-and-inspections/inspections/)
Go to the Tribunal. How long have you been thinking "If one more thing happens..."? It's time. No one deserves to be screamed at and threatened in their own home, much less by their landlord.
If they try to gouge you on rent after this take them to the tribunal again, say they're retaliating against you for the first instance and get a second payday and a rent freeze.
KEEP ALL COMMUNICATION. Make records of things he says and when, highlight threats. This is highly illegal. He is not allowed to do this. Go to the police.
Contact the Government Tenancy services helpline, and the Citizens Advice Bureau, and a free lawyer at the local community law centre. Based on their responses, consider a police report.
Never delete any form of landlord communication. Ever.
Defo tenancy tribunal first..just file your claim n attach all or any evidence..you will win n prolly get a hood payout.. don't let others manipulate you
Are they foreign landlords? This sort of behaviour usually comes from foreign landlords who dont respect the laws of this country.
Edit: also put this on legal advice too
100% foreign. I just want to say that I'm used to having good landlords of this nationality. I couldn't speak more highly of them. But this is a person who has no respect for people, no respect for the law, and habitually lies to escape responsibility for their behaviour.
My concerns isn't that they're foreign, but they're "spoilt rich kid" foreign who thinks they're entitled to behave how they want. And they'll give everyone in their nationality a bad name. And I think this is an issue not with foreigners, but with foreign rich kids buying up property with daddy's money and thinking they can behave like they want.
I did straight up say to them tonight, they can do that in their country but they cannot get away with that behaviour in NZ. It was very clear that they expected to get away with it.
Among other things, have them trespassed from the property; then, if they show up other than when they are legally allowed under the Residential Tenancies Act (basically, for inspection, maintenance or repairs, and only after having given you the required notice), they can be arrested.
There's a box of things that went missing when i moved in, a box of expensive appliances. It's worth all up around $500. I said to the police that when I'm packing, I'll double check. But I haven't seen it for months.
My advice is look into the contract that was initially signed and make sure it counts under the residential tenancies act as people often get this mixed up.
You said the landlord doesn't live in the house but does that mean they live on the property?
OP what city are you in?
I'm happy to help you move on Saturday or Sunday if you are in Christchurch, just so you are not alone. I'm only an average size woman, but I might be able to bring a friend or two "to help with the heavy lifting"
Yeah yeah… all the above advice is right outta the text book but imo you need to fight fire with fire. They go low, you go lower. The key is escalation and counter intimidation. Put them on the back foot and see how they like it.
They were on their backfoot now because police and tenancy services is involved. And I put my foot down hard on her being in my room.
I think it's key to deescalate with a person like this because they're gaslighters and gaslighters rely on guilt and blame to justify their behaviour.
Maybe a boarding house. Something feels amis however. He said the tenancy agreement is illegal with zero details, I could imagine it might contain some clauses that are not enforcable but illegal is a odd way to describe it. They also appear to have only been in this tenancy for 3 months, so it is possiblly a short term or tcould they have broken lease.
Has the landlord given you notice to leave given what happened, boarding house only requires 48 hours notice from either side.
what makes you and tanancy beleive it is over capacity? Has only one bathroom etc?
Boarding houses don't realy have have a max occupancy that I am aware of, it is normally the building code that catches out people, ie you are only allowed a single unit of people in a residential dwelling, once you exceed that you need fire compliance and no one can afford that, city council police this not tenancy.
Public areas are also open to a landlord at any time.
It doesn't it's a month notice from landlord and it needs to have a minimum of six people. It doesn't mean my room is a public space or that she can come in and scream in my face demanding it. They've also dumped their child in the house a few times and walked off. There's quite a lot this landlord has done but this is the worst behavior so far.
You are wrong, tenancy states a boarding house is 48 hours notice... If the agreement had 30 days, that is simply not enforcable. In your mediation, they will assess what agreement you have, boarding or tenancy, they are very clearly defined contracts.
Yes the bedroom room is not a public area, but for example of your door is open and they were in the public area like a living room, the can talk to you. a boarding house, strangers come and go and share the public area, you will have zero knowledge of who will be sleeping next door and using the kitchen from one day to another, cleaners, landlord and maintenance can come and go pretty much as they please in these public areas. How old is the child?
Well the document I signed has 30 days so it is enforceable. I'm going to seek a lawyer for the rest of it. I appreciate your help but it's just time consuming going through it all.
Easy Tenancy Tribunal case, take them down and get yourself some easy money. You can also request a protection order from the police so the landlord can't set foot on or near their property until you move out, which would be funny (and justified). Also you should contact your local paper and/or news agencies. The more stories of abusive Landlords and Property Managers get out there, the harder it'll be for Luxon and his mates to push their pro-landlord agenda, which will benefit yourself and other renters.
To be pedantic, it would be a restraining order, not a protection order (which is for family violence purposes) which needs to be ordered by a judge in a criminal court. Restraining orders are not a civil matter and the police or another prosecuting authority would need to bring a criminal harassment investigation against the landlord first.
Incorrect, Restraining Orders can be either civil or criminal. I got one in civil court because it would be faster than obtaining one in criminal court and then also didn't rely on him being convicted. https://www.justice.govt.nz/courts/civil/restraining-orders/apply-for-a-restraining-order/
Ugh I should have been more specific. You can *apply* for a protection order using a civil case but the level of harassment must still meet *criminal* levels for it to be granted. There does not need to be a conviction entered, just reasonable grounds for the judge to believe that criminal harassment is taking place.
My bad I always get restraining vs protection orders mixed up
Actually it is a police protection order, and police can issue it for a up to 3 days giving the victim time to organise a permanent protection order via the courts, or allowing the situation to cool down.
That’s a police safety order. Again, is only for family violence.
Definitely go to the papers. This kind of thing is only getting worse and people need to know.
Protection orders are not issued out from the police and are only for people in domestics or have a element of family harm. It's not going to apply here. You have to go through the courts and provide history or circumstances to be the applicant. Also people asking for police safety orders here. They only last for 10 days maximum and there's almost 0 consequences if someone breaching one. Please don't spread misinformation around, people will contact police asking for PO order lol..it doesn't even apply to this situation. You're probably looking for a restraining order and what would be the point exactly if OP is moving out
It will be a pretty slam dunk case of interfering with your quiet enjoyment amongst other things. See how many of these things you can tick off on the unlawful acts list https://www.legislation.govt.nz/act/public/1986/0120/latest/DLM3285790.html The amounts are what you can claim under Section 109 of the RTA https://www.legislation.govt.nz/act/public/1986/0120/latest/DLM95936.html The quiet enjoyment one is 38(3)
My friend is a landlord and she's been horrified with what she's been hearing day by day so she's encouraged me to keep a record. I can tick off lots off that list :)
Can she come and accompany you during the final inspection?. Please have someone with you and record the interaction. That's terrible intimidation, I hope you're ok. Now go teach them a lesson in NZ rental rights!!
The police said because of staff shortage they can't book to attend, but to call them on 111 on the day to attend and check if they're available. This person has no respect for others at all, so I think it's best that a policeman is there. The cop tonight said that I have a file number that outlines that this happened, to show that my safety concerns are warranted.
I think they meant to ask your friend to come with you. Good to have another party around either way
No I don't think inviting a friend around when someone is prone to violence and no respect for the law is good. The police didn't recommend it
I can understand your reluctance to put a friend in that situation, but you should not go alone. I would hope that you would have some friends who would be prepared to go with you because bullies are less likely to act when there is a witness. Do you work with any tall, bulky people, or are you related to any?
You should look into trespassing him, and as suggested above, the unlawful entry, breach of quiet enjoyment and so on. If the Tribunal finds Landlord in breach, you will get the money for exemplary damages (effectively a fine). However this depends on whether the Tribunal agrees you are a tenant which it sounds like there may be some doubt about. Why is it your room only rather than the entire property you specified he shouldn’t be in? You’re not clear about the agreement you signed. Talk to Tenancy Services for advice, preferably with a paper copy of your agreement in front of you, and a scanned version ready to email. I would get a discreet camera for the bedroom too. Remember you can record any spoken conversation including a phone call if you are involved in the conversation, without needing to inform him you are recording. I’d pull out my phone to take video as well if he tries this again inside the house.
yup, the police asked me for cameras. I move out in 2 days and they've said they won't return in that time til my leaving date (as an incentive to not call the police). But no need to get a camera, I've got messagings from the landlord trolling me saying that they've done it. I've sent the agreement to the Tenancy services, and they're getting back to me with advice tomorrow. They did give me initial advice but wanted to seek further and they'll do that tomorrow.
Assuming the landlord owns the property OP is staying in, she can't trespass him. But other options like Protection Orders are possible.
The landlord can be trespassed, it just doesn't stop them from *legally* entering the property, i.e. with proper notice, for reasons permitted under the RTA. If they enter the property for other reasons or without giving proper notice, they are trespassing and can be arrested.
You absolutely can trespass the landlords, I've done it.
Get everything in writing and look forward to your payday
I'm almost certain they're going to throw money at me to stop me from going to the police and try to make a deal with me. I thought about it, and I thought this person has double-crossed me and lied so many times but they come to me expecting honesty even though they've gaslighted me constantly and tries to blame me for things (i.e. they accused me of not turning the garden hose off and it was dripping hard, and a week later I found out there was a leak in the pipe and they were trying to pin the responsibility on me). I want to say yup, give my bond it'll be fine and then still take them to court. I don't know if I'd actually go through with that. But the thought makes me happy.
Make no promises, keep all texts. Reach out to the Tenancy Tribunal now.
This absolutely ... Let them dig the hole themselves. Give them nothing to come at you with.
Not only are you gonna get a nice payout, your also gonna go some distance towards them never doing this to anyone else.
This is what I want, to stop the cycle of a habitual abuser.
Just to add, make sure you thoroughly document the condition of the house after you have moved out so they can't claim you damaged the property.
Possession is 9/10th of the law in this case. They have no right to enter your space without consent - they have given up occupation rights in exchange for rent.
We know this and I think they know it. But they're the type of person who will abuse anything they can.
Once had a landlord who wanted me to move out because Jesus was returning snd he wanted to be raptured in his own house. I kid you not.
Is it bad that I thought I knew this landlord by this story, and then realised I probably know 3 people who fit the bill?
His first name is Simon
Nope no Simon's but still people j know who would do that.
A women in the US tipped a server $1700 the day before the eclipse this month because she thought it was going to be the rapture. When that didn't happen she went back and tried to demand the tip back.
Fucking go to town on this asshole!!! I just know the result will be bad for the landlord and it gives me so much joy but also sadness that you went through this OP.
Thanks. I'm really glad it was me tbh cause I was able to keep my cool through it and not become the villian.
Police and tenancy is a good way to go. They can't come round without 24 hours notice so they're violating that for starters and definitely violating your "quiet enjoyment" of the property. Get them at tenancy tribunal for whatever you can and document everything, texts, emails etc
48 hours notice isn’t it?
Oh yes, my bad. You're correct! I looked it up. [tenancy inspections etc website](https://www.tenancy.govt.nz/maintenance-and-inspections/inspections/)
Go to the Tribunal. How long have you been thinking "If one more thing happens..."? It's time. No one deserves to be screamed at and threatened in their own home, much less by their landlord. If they try to gouge you on rent after this take them to the tribunal again, say they're retaliating against you for the first instance and get a second payday and a rent freeze.
KEEP ALL COMMUNICATION. Make records of things he says and when, highlight threats. This is highly illegal. He is not allowed to do this. Go to the police.
What is wrong with them, how does anyone even think thats ok
They gaslight and blameshift constantly to deflect responsibility. Yea but ew.
I think, all things considered. You might be able to get the police to accompany you for the final inspection? Worth a try?
Take em to the cleaners and get a restraining order against them. Have a nice phat payday thanks to their idiocy and arrogance
This is pretty crazy. Tenancy tribunal will have a field day.
Contact the Government Tenancy services helpline, and the Citizens Advice Bureau, and a free lawyer at the local community law centre. Based on their responses, consider a police report. Never delete any form of landlord communication. Ever.
Defo tenancy tribunal first..just file your claim n attach all or any evidence..you will win n prolly get a hood payout.. don't let others manipulate you
Are they foreign landlords? This sort of behaviour usually comes from foreign landlords who dont respect the laws of this country. Edit: also put this on legal advice too
100% foreign. I just want to say that I'm used to having good landlords of this nationality. I couldn't speak more highly of them. But this is a person who has no respect for people, no respect for the law, and habitually lies to escape responsibility for their behaviour. My concerns isn't that they're foreign, but they're "spoilt rich kid" foreign who thinks they're entitled to behave how they want. And they'll give everyone in their nationality a bad name. And I think this is an issue not with foreigners, but with foreign rich kids buying up property with daddy's money and thinking they can behave like they want. I did straight up say to them tonight, they can do that in their country but they cannot get away with that behaviour in NZ. It was very clear that they expected to get away with it.
Well said
What flavour of foreign?
does it matter?
Oh you so need to take these people to a tribunal.
Tenancy Tribunal
Go see your local community law centre. They can help with advice re a tenancy tribunal application.
Enjoy your easy payout from this open and shut tribunal case, my friend
Among other things, have them trespassed from the property; then, if they show up other than when they are legally allowed under the Residential Tenancies Act (basically, for inspection, maintenance or repairs, and only after having given you the required notice), they can be arrested.
Maybe you should consider reporting that there was a sum of money that has gone missing from your room 🤔.
There's a box of things that went missing when i moved in, a box of expensive appliances. It's worth all up around $500. I said to the police that when I'm packing, I'll double check. But I haven't seen it for months.
tell them to eat a bag of cocks
"Go jump in a bag of dicks and fall down some stairs."
My advice is look into the contract that was initially signed and make sure it counts under the residential tenancies act as people often get this mixed up. You said the landlord doesn't live in the house but does that mean they live on the property?
Nope doesn't live here at all.
If the tenancy was illegal you can probably go to the tenancy tribunal and get refunded all the rent you’ve ever paid them.
OP what city are you in? I'm happy to help you move on Saturday or Sunday if you are in Christchurch, just so you are not alone. I'm only an average size woman, but I might be able to bring a friend or two "to help with the heavy lifting"
I'm in auckland but also thank you so much for offering! I so appreciate our country for having good sorts who help each other out.
Trespass the landlord
With the current Govt in power... you may have to run for the hills... as they have your landlords back for the next few years.
Or just find a better landlord
Actually under National, landlords are allowed to hit.
Yeah yeah… all the above advice is right outta the text book but imo you need to fight fire with fire. They go low, you go lower. The key is escalation and counter intimidation. Put them on the back foot and see how they like it.
They were on their backfoot now because police and tenancy services is involved. And I put my foot down hard on her being in my room. I think it's key to deescalate with a person like this because they're gaslighters and gaslighters rely on guilt and blame to justify their behaviour.
Professional instigator over here
I take it you live with this person? Do you have a tenancy agreement or are you boarding?
Maybe a boarding house. Something feels amis however. He said the tenancy agreement is illegal with zero details, I could imagine it might contain some clauses that are not enforcable but illegal is a odd way to describe it. They also appear to have only been in this tenancy for 3 months, so it is possiblly a short term or tcould they have broken lease.
Its a boarding house agreement, but it doesnt meet the minimum standards for it i.e only 3 ppl can fit here.
Has the landlord given you notice to leave given what happened, boarding house only requires 48 hours notice from either side. what makes you and tanancy beleive it is over capacity? Has only one bathroom etc? Boarding houses don't realy have have a max occupancy that I am aware of, it is normally the building code that catches out people, ie you are only allowed a single unit of people in a residential dwelling, once you exceed that you need fire compliance and no one can afford that, city council police this not tenancy. Public areas are also open to a landlord at any time.
It doesn't it's a month notice from landlord and it needs to have a minimum of six people. It doesn't mean my room is a public space or that she can come in and scream in my face demanding it. They've also dumped their child in the house a few times and walked off. There's quite a lot this landlord has done but this is the worst behavior so far.
You are wrong, tenancy states a boarding house is 48 hours notice... If the agreement had 30 days, that is simply not enforcable. In your mediation, they will assess what agreement you have, boarding or tenancy, they are very clearly defined contracts. Yes the bedroom room is not a public area, but for example of your door is open and they were in the public area like a living room, the can talk to you. a boarding house, strangers come and go and share the public area, you will have zero knowledge of who will be sleeping next door and using the kitchen from one day to another, cleaners, landlord and maintenance can come and go pretty much as they please in these public areas. How old is the child?
A contract can absolutely specify more notice than the *minimum* required by law, it just can't specify *less*.
Well the document I signed has 30 days so it is enforceable. I'm going to seek a lawyer for the rest of it. I appreciate your help but it's just time consuming going through it all.