How do I get my landlord to ensure my quiet enjoyment?
Question from Amy Markham updated on 4th July 2007:
Our expert Jeff Montgomery responded:
The Residential Tenancies Act requires a landlord to take all reasonable steps to ensure that none of the landlord’s other tenants interferes with the reasonable peace, comfort, or privacy of the tenant in the use of the premises. Continuing to discuss the problem with the landlord is the first step in resolving this dispute.
Putting your concerns in writing may encourage your landlord to approach your downstairs neighbour about the noise she makes. If your landlord remains unwilling to do anything to resolve the matter you may wish to consider lodging a Tenancy Tribunal application with the Department of Building and Housing. Any application to the Tenancy Tribunal would have to prove the landlord had not taken reasonable steps to prevent her downstairs tenant from interfering with your quiet enjoyment of the property. For information on the rights and obligations of landlords and tenants call our free phone number 0800 TENANCY (0800 83 62 62) or visit www.dbh.govt.nz.
The Department of Building and Housing provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.