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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22302
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Five weeks ago we moved In to a new rental property. At the

Customer Question

Five weeks ago we moved In to a new rental property. At the time we signed our agreement we were told that some time in the future the Landlord was possibly going to look at putting a minor dwelling on the property. Within the last 2 weeks there have been 4 instances where we have been asked to keep our dog tied up as engineers & council staff have been entering the property. We are paying $550 per week plus $10 extra to have our dog there. We have spoken to the property manager asking if a reduction in rent is possible for the disruption to our privacy. He has not spoken to the Landlord but says we are fantastic tenants and he will give us a months notice prior to building starting!! We would never have rented this property if we knew building was obviously going to be starting soon. What are your thoughts and what are our rights as tenants in this situation?
Submitted: 1 year ago.
Category: New Zealand Law
Customer: replied 1 year ago.
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Expert:  Chris The Lawyer replied 1 year ago.
You are entitled to what is called quiet enjoyment. This means the right to occupy without that sort of disruption, and there will of course more a more crowded property once this this extra unit is built. The usual remedy is a reduction in rent for the disruption period, and certainly that is the first step. You would also be concerned that they may have misrepresented the position with regard to the building works, when you moved in. The remedy would be to seek a rent reduction although that is really the same remedy as for breach of quite enjoyment. You could also consider moving out and claiming the costs from the landlord although that may be more difficult to obtain. I can set up a phone call if you need more details. Just let me know.

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