Hi, Our daughter (23yrs) has moved into a small "flat" under an old wooden house in Hamilton.Rent incl power is $200/wk (paid 2wks in advance & 3wks bond)Moved in 4.8.12From first night was woken by Rats in walls & ceiling. Lights in one room flickering and then stopped working despite changing bulbs (? due to rats eating wires)"Flat" only has a small high window in b/room and coloured glass in one entry door. I am concerned about:* Rats...risk to her health * Fire... and her exit from this "flat"Landlord who lives upstairs notified 5.8.12 re Rats and has acknowledged problem.Landlord has put bait down but noises continue.Daughter has had to sleep at home (BOP) on her days off.Now is going to sleep at a friend's place in Hamilton.My Questions are:1.Does she have to keep paying rent when she can't live there but her belongings are still there?2.Does she have to give 21 days notice (as per her tenancy agreement) under these circumstances?3.Is she entitled to some compensation?Thanks so much for your adviceJeanette Crook
Speaking to the landlord, emailing the landlord, Looking at DBH website, speaking to friends and family for advice.
Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
If a property is not tenantable due to problems like rats the remedy is either to give 21 days notice, or go to the Tenancy Tribunal and get orders requiring the landlord to fix the problems, and asking for the rent to be reduced. She does have to keep paying rent unless the landlord either agrees to a reduction or the Tribunal says the rent can be reduced, although she could withhold rent if the property is not able to be used (and I would suggest she pouts the rent into savings until the issue is resolved). If she withholds the rent she should tell the lanlord she is doing this and explain why. Normally these cases go to mediation first at the Tribunal and she could negotaite something to get her out of the flat.
LLB MMgt FAMINZ 32 years qualified as lawyer
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