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Hi I am currently trying to track down someone who can help me get the keys to the apartment that i am renting. I signed the lease on 4th January and the real estate agent Jennifer Mattlin is withholding the keys from me. I am currently going through the process of divorce and due to still having to stay in the same residence with my ex husband David Gebbie i am classed as being at high risk by the Wellington Womens refuge. I have rung the police regarding this real estate agent who advised me to contact you. my children and i are really needing to move into this property today. The apartment is located at***** Wellington. Please advise me if there is any way you can enable this to happen today. You can reach me on(###) ###-####or***@******.*** Kind Regards, ***** *****

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

I am in Wellington, New Zealand

Lawyer's Assistant: Has anything been filed or reported?

I have talked to the tenancy tribunal along with the police who advised me to reach out to the real estate agent but she is not replying to me

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think thats everything for now

Submitted: 4 months ago.Category: New Zealand Law
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Answered in 2 hours by:
1/12/2018
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,631
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am a New Zealand lawyer based in Wellington and will answer your questions today. Please give me a minute to read the question
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Solicitor: Chris The Lawyer, Lawyer replied 4 months ago
Have you paid the deposit including rental and the bond? Is there any reason she has not provided the key?
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Customer reply replied 4 months ago
No I haven't yet as I've been trying to get my benefit sorted and find a suitable flatemate, then Windz said they would be able to cover the bond and my benefit will more than cover my share of the rent. Due to my situation I thought ot was important to first find a secure safe apartment. Im not sure why the agent wouldn't give me the keys, she said she was going to do this last time we spoke then changed her mind and said she didn't have access to the keys, which I found very dodgy.
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago
It is a standard term of tenancy agreements that you cannot start the tenancy until you have paid the rent and bond. It is very common and it would be unusual to be given the key unless these were paid.
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Solicitor: Chris The Lawyer, Lawyer replied 4 months ago
She should not have told you she would let you in however because landlords generally insist on this term
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Solicitor: Chris The Lawyer, Lawyer replied 4 months ago
Unfortunately you may need to wait until Monday so that you can see WINZ and sort out the payments
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Customer reply replied 4 months ago
I am pretty sure the real estate agent actually has to give me this in writing, allowing me 2 weeks from date of letter to come up with funds. This was supported by the staff member at the NZ tenancy services who told me that legally the real estate agent needs to give me the keys. She has already re listed it and possibly showing people through which is also illegal. I think I may have to bus into town with my children and ask the police to help.
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago
I am not sure that the advice you have been getting is correct. It’s pretty well established that you don’t get possession until you have paid, unless the agent or landlord agrees otherwise. That may be tough but it’s likely to be a term in the Tenancy agreement. I don’t think the police will help but the refuge may be more helpful if they have room for you
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Chris The Lawyer, Lawyer
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