Six things tenants can't do (but may be doing anyway)

Photo: RNZ / Dom Thomas Tenants are in the driving seat in the rental market at the moment - but there are still rules about what they can and cannot do when they rent a property. RNZ reported earlier on the things that still catch landlords out. Now, here are six things that tenants can't avoid. Pay the rent on time Problems with rent payments are still the bulk of the Tenancy Tribunal's work. Two-thirds of claims before the tribunal last year related, at least partly, to rent arrears. Tenants have to continue to pay rent even if they are involved with a dispute with their landlord. You cannot withhold rent because you think the landlord has not kept up their side of the bargain. In one case the tribunal dealt with in June, a tenant reduced her rent payment and then withheld it completely because she was not able to use her en suite bathroom. How Does Australia Pay High Wages but Still Keep Prices Low? Listen to No Stupid Questions with Susan Edmunds The tribunal said that was not an appropriate response. "The tenant suffered a loss of enjoyment of the tenancy. But along with that loss there was a loss suffered by the landlord, which needs to be acknowledge. "The tenant reduced her weekly rent payments by $80 for a period, and then simply stopped paying rent while still remaining in possession. Although the landlord did not give evidence of the tenant's actions regarding rent payments resulting in financial hardship, the tenant was not entitled to unilaterally reduce how much rent she paid, nor to stop paying her rent entirely." The tribunal said a reduction in rent would have been an appropriate response for the parties to agree on. In another case, a tenant racked up $6335 in rent arrears because he withheld rent in lieu of money he claimed the landlords owed him for work done on the property. The tribunal said he was unable to prove he was owed this. Keep the property reasonably clean and tidy, and leave it that way The tribunal regularly deals with claims from landlords seeking compensation for clean-up costs incurred after a tenancy is finished. In one case, an adjudicator said a tenant left a "huge" amount of rubbish - "including household refuse, dog toys and faeces, broken furniture, mattresses, wood, rocks, bedding, and old bath, two large drums, a number of broken plastic and containers and much other rubbish". That landlord was awarded $1572 for rubbish removal. Tenants also have to leave all the items that were supplied with a tenancy. Let a landlord know about damage or repairs straight away In a case currently being dealt wiht by the tribunal, landlords are seeking exemplary damage from a tenant who failed to advise them of damage. There was damage to the bedroom door, holes in walls and French doors - but the tribunal said in that case it was not satisfied there was a breach to justify exemplary damages. Use the property mainly for residential purposes, not business activities If tenants are running businesses from their homes, things can get tricky. In another case, there was a dispute about tenants operating a plant business from a spare bedroom. The tenants said their property manager had no problem with it as long as the premises were clean and tidy. The property owner argued he had no knowledge of that agreement and wanted compensation for professional carpet cleaning in the rooms used for cultivating plants. The tribunal said the landlord's claim for compensation was withdrawn by the landlord during the hearing when the tenant confirmed that they had professionally cleaned the carpets when they vacated the tenancy. Not have more than the agreed maximum number of occupants Tenancy agreements usually specify a maximum number of occupants. The tribunal said going above that could be a problem because it could put a landlord's insurance in jeopardy. There could also be health and safety or security concerns. In one case, a tenant's partner urinated in a communal pathway in view of a neighbour, approached another elderly neighbour to ask her for cigarettes and meth, and asked another woman whether she wanted company and whether she smoked cannabis. The tenant had her tenancy terminated on the basis of the anti-social behaviour and because she had breached a term of her tenancy agreement by having him live with her when she was allowed only one occupant. Make alterations without consent In a case heard in 2023 for a Halcombe property, tenants who were described as "in many ways excellent" were in dispute with their landlords after they "exceeded their rights and obligations as tenants", the tribunal said. It noted that they seemed to have treated the property as their own. They painted the kitchen green, maroon and gold, the master bedroom a couple of shades of blue, removed carpet in the hallway and second bedroom, put beading along the lower part of a bedroom wall and painted it maroon, put a dog door in French doors and painted another room blue, put...

Six things tenants can't do (but may be doing anyway)

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