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Question Details: In our tenancy contract it specifies that the landlord can have builders or maintenance people there from 8am-5pm during the week. There have been people working on our house for almost 6 months now every day that it is fine. This is getting annoying as we are being woken up by them. They have been around for such a long time now - is there anything we can do to put an end to it?
Filed under Tenancy | 1327 View(s)
Community Law Wellington & Hutt Valley
Start with a friendly chat with your landlord, letting him know you're bothered by the work, and asking for a time-frame for completion of the work. You could try to negotiate a a rent reduction, or a commitment to work being done only at agreed times or on agreed days.
One of the fundamental rights of a tenant under a tenancy agreement and the law is the right to quiet enjoyment of the premises. Given the significant period of time that the repairs or maintenance have been going on, the ongoing work might be considered a breach of your quiet enjoyment right. More information about your rights as a tenant can be found here: www.communitylaw.org.nz
At the same time, the landlord is entitled to conduct repairs or maintenance during a tenancy, provided that the landlord gives the tenant at least 24 hours’ notice (including the reason for entering the premises), enters between 8am and 7pm, and provided that the repairs are required. Improvements that they landlord wants to make, but which are not necessary, are subject to different rules. You can find out more about a landlord's obligations here: www.communitylaw.org.nz
We recommend talking to your landlord as suggested above. If you and your landlord can't agree, you can ask the Ministry of Business, Innovation and Employment (formerly the Department of Building and Housing) for help. You can call them free on 0800 TENANCY for information, and if needed, they can help you arrange mediation or a Tenancy Tribunal hearing. You can find more information about resolving tenancy disputes, including the help the Ministry can offer you here: www.communitylaw.org.nz
Answered 2 Dec 2012. The IMPORTANT NOTICE below is part of this answer.
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