Shit your landlord doesn’t want you to know

Heading into winter, it’s going to be crunch time for just how warm and dry your flat really is. At the Manawatū Tenants’ Union we provide free advice and advocacy for tenants, and will discuss some of the most common renting issues that students contact us about. For specific advice, be sure to get the right information and consider getting free advice from a professional source. 

What is the difference between a tenant and a flatmate: do I have rights? 

Knowing if you are a tenant or a flatmate can be the difference between having no rights and being covered under the Residential Tenancies Act. 

The Residential Tenancies Act (RTA) gives tenants rights; such as the landlord needing to give proper notice to end a tenancy. However, there are some situations where you may not be covered under this Act, and the only rights you have are those agreed to in writing. 

For students, the most common non-RTA situation is flatting; where you rent from a head tenant or someone living at the house, but are not on the tenancy agreement with the landlord or owner for the property. 

If you are a flatmate, it is extra-important to have a flatmate agreement that sets out your rights and responsibilities; you can get a free template at tenancy.govt.nz. 

Beware of fixed term-tenancies 

Often you may not have a choice to enter into a fixed-term tenancy, but if you’re in one it’s important to understand what this means. 

If you want to leave your fixed-term tenancy early it usually requires the agreement of the other tenants and landlords, or a tenant tribunal order. The Tenancy Tribunal will usually only terminate the tenancy if you can prove an unforeseen change in circumstances causing severe hardship; it is a high bar, and we have worked with far too many tenants stuck paying two rents at once until they can be replaced in a fixed-term tenancy. 

Take photos of everything 

If things go downhill in your tenancy, evidence is everything. Move into a new property? Take photos. Have a maintenance issue? Take photos. Moving out of a tenancy? Take photos. You get the idea. 

What can I do about a damp and mouldy flat? 

Tackling mould and damp is a shared responsibility; the landlord should provide a home that can be lived in reasonably free of damp, while the tenant should take reasonable steps to prevent mould from building up. 

Usually, this means things like opening up the house for at least 20 minutes a day, wiping condensation, and drying clothes outside where possible. A mixture of white vinegar and water is usually far better and cheaper at removing mould than bleach, which can remove the blackness but leave the mould behind. 

If you live in Palmerston North, the City Council provides a fantastic eco advisor service where someone can come to your flat for free to give advice on what you, and your landlord, can do to keep your flat warm and dry. Email                                             nelson.lebo@pncc.govt.nz to book a visit. 

If your landlord needs to fix something, make sure to put your request in writing and get help if you need it. Your landlord is obligated to maintain the property. 

Communication with your landlord 

If it’s not in writing, it didn’t happen, is a good rule to live by. If you raise an issue with your landlord, or have a conversation about your tenancy, then be sure to either do so in writing (text or email), or follow up any verbal conversation with a text or email to keep a paper trail. 

Do I have to get the carpet commercially cleaned? 

As a tenant, you only have to keep and leave your flat in a reasonably clean and tidy condition. 

Despite what your tenancy agreement may say, a landlord cannot require you to leave the property in anything more than a reasonable condition. Most of the time, requiring commercial carpet cleaning will not be necessary for this and is an unenforceable clause that your landlord cannot hold you to. 

Need help or have questions? 

There are plenty of places you can go for free tenancy advice and advocacy, such as: 

Your student association advocate; 

A dedicated tenant advocacy organisation such as the Manawatū Tenants’ Union or Tenant Protection Association (Auckland); 

Your local Citizen’s Advice Bureau or Community Law Centre; or 

Tenancy Services (0800 TENANCY) 

Any students are welcome to contact us with any questions or issues by email at info@mtu.org.nz, or by phoning 06 357 7435. 

Stay safe, ask for help if you need it, and all the best!