In breach of tenancy agreement?

Suzanne asks:
(updated on Wednesday, April 18th 2012)

Our tenancy agreement states no unregistered or derelict vehicles on the property however we do have a few of these on the property. Can the landlord remove them without our permission? What kind of notice can he give us about these? Is it a 60-day notice before taking us to Tenancy Tribunal?

Our Experts Answer:

You admit straight away that you are in breach of your tenancy agreement. It is your legal responsibility to abide by the agreement. As the cars are your possessions and you are in residence then the landlord has no power to remove the vehicles.

However, he can give you a 14-day notice requiring you to remedy your breach of the tenancy agreement by removing the vehicles from the property. If you fail to do so the landlord can apply to the Tenancy Tribunal for a range of remedies including termination of your tenancy and an order for removal of the derelict vehicles (at your cost). The purpose of the Tenancy Tribunal is to help parties to ensure that they both keep up their end of the bargain.

Quinovic's outstanding people and systems provide the most professional, effective and reliable residential property management service in the NZ market for over 22 years.

Most Read

Unity First Home Buyer special 3.99
ICBC 4.25
SBS FirstHome Combo 4.29
Co-operative Bank - First Home Special 4.35
TSB Special 4.39
Co-operative Bank - Owner Occ 4.45
ASB Bank 4.49
SBS Bank Special 4.49
Unity Special 4.49
Westpac Special 4.49
Kiwibank Special 4.49
Westpac Special 4.45
SBS Bank Special 4.49
BNZ - Std 4.49
Kiwibank Special 4.49
TSB Special 4.49
AIA - Go Home Loans 4.49
ASB Bank 4.49
Co-operative Bank - Owner Occ 4.49
ICBC 4.59
Wairarapa Building Society 4.59
Unity Special 4.65
SBS Bank Special 4.99
Westpac Special 4.99
ICBC 4.99
BNZ - Std 4.99
AIA - Go Home Loans 5.15
ASB Bank 5.15
Co-operative Bank - Owner Occ 5.19
ANZ 5.39
TSB Special 5.39
Kiwibank Special 5.39
Kainga Ora 5.49
SBS FirstHome Combo 3.29
AIA - Back My Build 3.34
SBS Construction lending for FHB 3.74
CFML 321 Loans 4.25
Co-operative Bank - Owner Occ 4.99
Co-operative Bank - Standard 4.99
Heartland Bank - Online 5.30
ICBC 5.39
Kiwibank - Offset 5.65
Kiwibank 5.65
ANZ 5.69