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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22416
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I occupy a flat in a 2 x tenancy building. The other has

Customer Question

I occupy a flat in a 2 x tenancy building. The other has threatened to kill me, he also prevents me from leaving the premises by surrounding my vehicle by his and his friends vehicles. I have completed a Police report regarding this, they have placed in motion a way in which I shall receive urgent assistance if required. I no longer reside in these premises for safety reasons. I have a fixed term agreement for 12 months. What are my rights regarding termination of my tenancy and return of the bond.
Submitted: 12 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 12 months ago.

In these circumstances you can apply to the Tenancy Tribunal to cancel the lease. The grounds for doing so are under section 66 which says

Reduction or termination of fixed-term tenancy-

"(1)On application by a party to a fixed-term tenancy, the Tribunal may make an order reducing the term of the tenancy by a period stated in the order, and making such variations in the terms of the tenancy as are necessary because of the reduction of the term, where it is satisfied that, because of an unforeseen change in the applicant's circumstances, the severe hardship which the applicant would suffer if the term of the tenancy were not reduced would be greater than the hardship which the other party to the tenancy would suffer if the term were reduced."

Expert:  Chris The Lawyer replied 12 months ago.

This would be grounds because of the physical threats and the other actions. Your landlord also has obligations to you to protect your quiet enjoyment of the flat, and by failing to evict the neighbours he has breached the lease. So you have two matters to raise, cancellation of the lease and damages for failing to protect your quiet enjoyment of the unit.

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