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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22888
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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On Monday 10th August we signed a 12 month tenancy agreement

Customer Question

On Monday 10th August we signed a 12 month tenancy agreement to rent a property in West Auckland.
We moved in Saturday 15th August. It is 3 days since we became tenants.
The property along side of us was also tenanted at the same time.
The behaviour of these tenants is already causing major concern. Their language, alcohol and drug consumption and noise is unexceptable to us and would be to any decent person.
We share a driveway access and more often than not our access is blocked by visitors cars, any attempt to request the driveway be cleared brings a mouthful of verbal abuse.
My partner is 20 weeks pregnant is already afraid to be home alone during the daytime.
Please advise of how best to terminate our agreement as soon as possible.
Regards, Nick.
My question: Is this overbearing behaviour by neighbours enough to terminate our tenancy agreement?
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.

Is the adjacent tenancy owned by the same landlord? That may help if you complain to the landlord about the other tenants, as there is an obligation to provide quiet enjoyment, which means without the noise and trouble. Otherwise to cancel the tenancy you need to first ask the landlord and if they don't agree, then you have to apply to the Tenancy Tribunal to cancel the tenancy. The grounds are that this is causing extreme hardship, so you have to explain the stress especially on your partner.

Expert:  Chris The Lawyer replied 2 years ago.

The behaviour you describe should be carefully documented and may be grounds to terminate. But try asking the landlord first and explain you think you can force the issue if they don't help.

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