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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22897
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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The house I rent is leaking. It has no consent additional

Customer Question

The house I rent is leaking. It has no consent for any additional work that was done by the landlord. Also we have noticed cracking inside and out around doors and windows. I looked under the house and at least 3 quarters of the joists are split or rotten. I don't think that we should be still in the house it was built in 1965
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.
Houses must be in good tenantable condition. If it is not you can apply to the Tenancy Tribunal to make the house better and get a work order. This will usually come with a reduction in rental until the work is done. the Residential Tenancies Act says that it is a term houses must be in good order for the tenants, which includes no leaks or dampness
Expert:  Chris The Lawyer replied 2 years ago.
the acts says(b)provide and maintain the premises in a reasonable state of repair having regard to the age and character of the premises and the period during which the premises are likely to remain habitable and available for residential purposes; and(c)comply with all requirements in respect of buildings, health, and safety under any enactment so far as they apply to the premises; and
Expert:  Chris The Lawyer replied 2 years ago.
(d)compensate the tenant for any reasonable expenses incurred by the tenant in repairing the premises where—(i)the state of disrepair has arisen otherwise than as a result of a breach of the tenancy agreement by the tenant and is likely to cause injury to persons or property or is otherwise serious and urgent; and(ii)the tenant has given the landlord notice of the state of disrepair or made a reasonable attempt to do so; and(e)take all reasonable steps to ensure that none of the landlord's other tenants causes or permits any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises.(1A)Failure by the landlord to comply with any of paragraphs (a) to (ca) of subsection (1) is declared to be an unlawful act.
Customer: replied 2 years ago.
The landlord has been making a new deck and used a digger to try to pull out an old set of concrete stairs on Monday the hole house vibrated and even the neighbors felt it. Sine we have noticed cracking inside and out around doors and windows and down the corners of walls also the edges of the ceiling and walls. You can see the house is twisted looking down the hall and again in the kitchen. I went under the house this afternoon and discovered that only part of the home is held up by the original Fondation .and 90 percent of them have been cut at the conceret and replaced with a 4x4 pice of timber and he has drilled thru the conceret Fondation and used fencing wire to connect the timber to the fixed Fondation. I have spoken with council and they tell me this house has never been altered in any way. I also found that there was a open fireplace apparently here but the landlord removed and closed in and made a new one that is fully boxed with a wet back in a internal wall. Absolutely no consents for any work. He is also a builder himself. We feel uncomfortable not knowing what to do. We have just had the fireplace inspected by a professional as it is leaching smoke into the house and he has advised not to use it.
Expert:  Chris The Lawyer replied 2 years ago.
You should have a discussion with the landlord and tell him of your concerns. You can tell him that you can get work orders to make the house safer, but would like to give him the chance to fix this.
Customer: replied 2 years ago.
Also I beams downstairs all meet together in the center with no prop to the floor. They Are held up by the joists until the go to a wall then only held with 60 ml round steal prop. The span between each one that runs parallel with the ridge is up to 4 meters and ruffly welded to another I beam that sits on the same undersized props.. I have worked on many construction sites, and know that these props can only be used temporary.
Expert:  Chris The Lawyer replied 2 years ago.
You can move out as one option if that is something which you want to do. But if you want to stay then you need to apply to the Tribunal to make this property safe.

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