Bad neighbours

Our Experts Answer:

The Residential Tenancies Act only applies to the relationship between a tenant and their landlord. Under the Act, tenants have a responsibility to not interfere with the reasonable peace, comfort, or privacy of their neighbours. There are steps a landlord can take if their tenant is in breach of their responsibilities under the Act.

However, the Act does not explicitly require landlords to take action against a tenant who breaches this provision of the Act (unless the neighbours are also tenants of the same landlord), and does not provide any mechanism for third parties (unless they are also a tenant of the same landlord) to take action against the landlord.

I would suggest, as you have mentioned, raising the matter directly with the landlord in the first instance, contacting the Police as needed, and contacting your local Council regarding the noise control concerns. Alternatively, 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 further information regarding landlord and tenant rights and responsibilities, you can visit our website at www.tenancy.govt.nz.