How to deal with a shady landlord

More than 450,000 Kiwis rent their homes - that's a lot of landlords. The majority of them are decent people but with numbers that large there are always going to be outliers. 

The Tenancy Tribunal hears about 20,000 cases annually meaning not all landlords are made equal.

Auckland Action Against Poverty coordinator Ricardo Menéndez March says there are ways for tenants to deal with less than lovely landlords which everyone renting a home should keep in mind.

Paper trail

Keeping a paper trail is one of the best ways you can protect yourself against dodgy dealings. 

"Always have conversations over email or text," Menéndez told Newshub.

"Because with no paper trail to prove it, it'll be your word against theirs."

He says if a landlord is refusing to engage with you in writing it could be a sign they're not planning on behaving - but there is a workaround.

"If your landlord is refusing to have a conversation in writing, then you should tell them that you are going to record the call," he said.

Having evidence will help your case if you need to take further action.

 

Know how to complain

If something has gone wrong and you want to take it to your landlord then tenants should know how to complain.

Consumer Protection recommends first checking your tenancy agreement - read the fine print and check what rights you have.

Once you've read and reread your agreement, gather proof. This is when you'll need your paper trail - texts and emails can be used in a dispute as can bank statements, photos of damage or dates and details of conversations.

Take notes of what you want to say - jot down key points so you don't lose your place.

Finally - decide what your ideal outcome is. Do you want out of the tenancy? A rent reduction?

Knowing what you want will make resolving your issues easier for everyone involved. 

 

Confronting your landlord

If you feel safe to have a conversation with your landlord and you've done the preparation then Consumer Protection recommends taking notes of any conversation you have - if you need to go to the Tribunal details will help.

Stick to the facts - try not to be emotional during the conversation, just relay what has happened and when and then be clear about what you want to happen.

If the conversation is getting heated then it's okay to take time out to cool off - arrange a time to continue after you have calmed down. 

If you reach an agreement with your landlord make sure it is written down, dated and signed.

 

Taking it further

If you know or suspect that your landlord is behaving outside of the law and you don't feel safe having the conversation yourself then Menéndez says you shouldn't keep quiet. 

"We know this happens - there is a power dynamic with tenants but what they should know is that they shouldn't keep it quiet."

"Immediately contact the Tenancy Tribunal."