Can I break a fixed term tenancy if one of my flatmates is sexually harassing me?

Question Details: After moving into my new flat, one of the flatmates (aged 39) started being sexually inappropriate towards me and the other flatmates (all aged 18). We told him to stop but he continued. I have also made a complaint about him to the police. I told my landlord what happened and that I want to move out. She's holding me to my fixed term tenancy and says that I have to find someone to replace me. She never mentioned that he was living there. Can she hold me to the tenancy agreement? What would my chances be in the Tenancy Tribunal?

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Answers by Lawyers

Community Law Wellington & Hutt Valley

You may be able to end your tenancy early, but you need to get advice about the legal details of your particular situation. Contact your local Community Law Centre to find out about advice options near you: www.communitylaw.org.nz.

This does not sound like a standard residential tenancy, because landlords do not usually get to tell their tenants who to live with. You might be in a boarding situation, so different laws might apply.

You can also call 0800 TENANCY for more information.

Keep talking to the Police, and read here about restraining orders if you want to know about another legal step you can take: www.communitylaw.org.nz.

Answered 27 Aug 2013. The IMPORTANT NOTICE below is part of this answer.

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