▲ 10 r/LegalAdviceNZ
I'm currently in a complex residential tendency dispute with my landlord.
1. BACKGROUND
- There's a lot of details, probably too much to share here. But I do understand if the details matter, so I welcome any questions.
- To provide some basic information as per the subreddit "auto-request".
- There is a basic, but clear, tenancy agreement between me and the landlord via email, clearly accepted by bith. But the formal template that I think is provided by the tendency tribunal was not used. I think it is required to?
- I believe it would be considered as a 1 month fixed term agreement that has rolled over into a week to week periodic???
- Just me living in the apartment.
- I was living here for 5 years year previously as a sub tenant, before the head tenancy under someone else was terminated due to not paying the rent. I established a new agreement with the landlord. And this has been going for a few months now.
- Bond was paid for previous tenancy. Landlord only lodged it after 3 years when we demanded it. The previous Bond was used / released towards the unpaid debt.
- No bond was asked for for the new tenancy initially. But since the dispute raised landlord has now requested a bond, which apparently she can do. However, she ask for more than four weeks bond which apparently she's not allowed to do.
2. ASSAULT
- The landlord has already registered a dispute with the tenancy tribunal.
- The hearing (the landlord cancelled the mediation last minute) is scheduled in 10 days or so.
- Today the landlord turned up at the front door unannounced, (small middle aged women), accompanied by a large and intimidating 6'6" island man.
- She issued me with a basic formal trespass notice and advised I had 2 hours to leave.
- When I gently tried to close the door the both wouldn't let me
- I went to find my phone so I could call the police, but I foolishly put the house keys and access card on the kitchen table. When my back was turned the landlord entered the property and took the keys and access card and went back to standing at the front door.
- She refused to give them back when I asked.
- The large Island man had no interest in the property, he was clearly there as "muscle".
- Once the police came, they advised the L/L and her big friend that they can't do this and would need to leave and give me the keys back. Which they did.
- However when I ask the police to take the details of the "muscle", they kind of messed around and didn't really want to, and then said they would, but the landlord and her big friend had already well left. To be clear I advise the place that I wasn't asking for them to give me his details. But just for them to make sure that they got his details for a potential need for future legal reference.
- Frankly I showed the police some real deference, simply asking that before they finished talking to her and everyone leaving I just had two things that I wanted to talk to them about. But they ignored that request and let everyone leave.
- I was definitely concerned for my safety with the big island man there, and the landlord had previous behaviour on multiple occasions of being unreasonable and taking the law into her own hands.
3. QUESTIONS
- I'm not really sure what to do, the big island man was saying things in such a way that this felt like potential organised crime.
- I am currently under psychiatric care, and have been ill long term. So I really don't have the mental energy to unpack all this, and know what right actions to take.
- I had previously contacted the community law service, but unfortunately I had a conversation with someone there who really couldn't understand the details of the matter. And I eventually got written advice that had so many facts wrong it was essentially unusable.
- I feel for the community law people, they're seriously under resourced, so I only say the above because I'm really not sure where to go next to get help taking the right steps and putting the right information together.
- Before becoming ill I had an executive background, delt quite a bit with contract law, and I'm able to communicate the complex situation clearly and concisely. I only say this because, although my brain injury makes it very difficult for me to plan and execute these kinds of "disputes", I can communicate the situation in a precise and concise manner.
- Where can I go for assistance other than the community law, as they just felt overwhelmed.
- What should I do, if anything, about what happened today? I contacted the police non-emergency line after the event an advised that I was concerned for my safety. And basically reply I got was, call the police of anything else happens. Which I understand but differently felt pretty passive, especially after what felt like an explicit threat.
Any advice / recommendations appreciated.
u/Technical_Pay_5826 — 6 months ago