Question from lisa updated on 23rd April 2018:
How do you evict abusive tenants from a neighbouring property when their landlord does nothing to evict them despite other landowners complaining to him about the abusive tentants?
Our expert Jennifer Sykes responded:
The Residential Tenancies Act only applies to the relationship between a tenant and landlord. Under the Act, tenants are not allowed to interfere with the reasonable peace, comfort, or privacy of their neighbours. If they do, the landlord can take action by serving them with a ‘Notice to Remedy’ or breach letter if they have been unable to sort the matter out between them.
There is no provision in the Act for third parties (such as other land owners) to address breach issues with neighbouring tenants through the Tenancy Tribunal if the landlord chooses not to do so. However, if any of the neighbours are also tenants of the same landlord, they may apply to the Tenancy Tribunal for mediation or adjudication if the landlord fails to attend to concerns regarding neighbouring tenants disturbing the peace and quiet enjoyment of other tenants.
You may wish to seek independent legal advice from a solicitor or your local community law centre to determine what other options are available to you in these circumstances to help resolve the matter. For more information on tenancy rights and responsibilities, go to www.tenancy.govt.nzhttp://www.tenancy.govt.nz.The Ministry of Business, Innovation and Employment provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.