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First up, there is no Tenancy act.
There is the "Housing Restructuring and Tenancy Matters Act
1992" which deals with state housing, and there is the
"Residential Tenancies Act 1986" which, presumably is what
you refer to here as it is the act that primarily deals with
the relationship between landlords and tenants in private
dwellings.
The "Residential Tenancies Act 1986" places no limits on what
can be included in an agreement - beyond perhaps thos implied
by the Human Rights Act 1993 and what it has to say about
discrimination, beyond the minimum requirements for certain
information to be required.
However.
s38 deals with quiet enjoyment, and reasonable peace, but I
suspect that you would be hard pressed to argue that some of
this behaviour qualifies as using the section in reasonable
peace, or calls under the covenant of quiet enjoyment.
s40 outlines the tenants responsibilities, and specifically
s40(2)(b) has this to say:
"The tenant shall not use the premises, or permit the
premises to be used, for any unlawful purpose; or"
And s40(2)(c) has this to say:
"The tenant shall not cause or permit any interference with
the reasonable peace, comfort, or privacy of any of the
landlord's other tenants in the use of the premises occupied
by those other tenants, or with the reasonable peace,
comfort, or privacy of any other person residing in the
neighbourhood."
s40 and s41 both, essentially, also place the responsibility
for the actions of the guests of tenants squarely on the
shoulders of tenants.
So the long and the short of it is that, arguably, the
legislative mechanisms are already in place for a land lord
to evict students from a rental property for raucous parties,
however I have no idea if it has been tested in court or not.
Disclaimer:
I am not a lawyer, nor have I studied the act in depth, this
is my opinion based on having read the relevant sections, but
not neccessarily having studied the act in any great depth.
Submitted by PStudent. on Tue, 21/09/2010 - 1:08am.
"How about some landlords in the area enacting clauses in the
tenancy agreements they have with students that say 'no
parties are to be held on the property'". I'm certainly no
expert but I have a feeling that may be a breach of the
tenancy act unless they're disturbing the neighbours, and to
be honest their neighbours are probably doing the exact same
thing. So a no-goer with that suggestion. And let it be
noted, it's not a riot until the riot police show up. I was
in attendance for most of the night and the police and fire
department were walking, unobstructed, through the crowed for
the majority of the night. Things only got out of hand after
the arrival of the riot police. Coincidence? I think not.
This is not Dunedin. It shows a lack of dicipline. Perhaps a
few clips over their ears as kids were needed.
This has been reported in Melbourne in Australia as was the
Toga party. This is not the way to attract people to Dunedin.
This institution isn't a high school. These people are young
adults and should be held responsible for their own
behaviour, the university has no management of their daily
lives, or shouldn't have to deal with this.
I'm a university student myself, and I spent the weekend
quietly hanging out with friends far from the Undie 500
scene. If there's one mentality that frustrates me here it's
the approach many residents and mayor Peter Chin have to
students. Many act like we are all irresponsible rioters who
are the bane of Dunedin's otherwise peaceful existence.
"Non-student residents" are tired of this behaviour, well so
are many of the student population. The idea we're all
drunken morons gets those of us who are genuinely working
hard for their education nowhere.
Submitted by pantera989 on Mon, 14/09/2009 - 5:42pm.
How is it the University's fault, they don't run or promote
this event and have no power to stop it. Local business that
profit from the event should possibly have to help pay for
the cleanup, with it being the biggest night(s) of the year
for some. The bylaw for the alcohol ban has a large fine that
can go with it and should be used to help pay for the costs.
There is really no way to stop this happening every year
unless police are given and use the power to stop it before
it starts. Alot of what allows this to happen is that the
said "rioters" feel security in that they can just run into
their houses when the police come.
Yes Hedsta this is pathetic. But the individuals involved
should be held to account, not the University.
Please keep two facts in mind:
Firstly, it is not solely University students involved. A lot
of non-students come to the area in the hope of trouble.
Around ten percent of the arrests were non-students. I even
saw a high-school van dropping people off (John McGlashan may
be interested in asking whoever was using their van on
Saturday night why it was dropping people off).
So while many University students are indeed very much
involved, they are not solely to blame.
Secondly, this is only a handful of the city's students
involved - so why should the rest pay for the costs of an
unofficial event most of them probably don't even
support?
That is as illogical as suggesting that the DCC should pay
for drunken damage to the Christchurch stadium simply because
the people who did it come from Dunedin.
The University made to cover costs?
The offenders involved in the riot should pay whatever
clean-up costs, bill the addresses on Castle St.
How about some landlords in the area enacting clauses in the
tenancy agreements they have with students that say 'no
parties are to be held on the property'. Kick them out and
hit them in the pocket. Those flats are the ones that had
people inciting the behaviour over the weekend. The landlords
and property managers are just too soft and want the money.
They know it would not be hard to fill the flats again.
A lack of management of students by the University? The
current strategy not working?
Parts of the University have worked damn hard over the last
few years, there has been a massive reduction in anti-social
behaviour in North Dunedin, ask anyone. Unfortunately their
are idiots that can't handle their booze, those same idiots
ruin it for the other 99% of the student population who know
how to drink and not throw bottles, respect themselves, their
mates and others, and have a good time.
This is pathetic. The University should be made to cover the
costs of the police, time wasted by the courts and the street
clean up afterwards. Sending out letters asking students to
behave is too passive...street wardens clearly haven't worked
either. The University needs to take responsibility for its
students and billing the University for the costs incurred to
the city (rate payers pay for the Police, courts, street
cleaning etc) will make the University sit up and take
notice; the students and the University get away with it
every time. Local alcohol outlets should also be in the frame
as most of those involved in these events are normally
intoxicated. Those presecuted and dealt with by the courts
should be asked to leave the University. Non student
residents in this part of the city are sick and tired of this
type of behaviour and the lack of management of students by
the University...the current strategy for dealing with type
of behaviour clearly isn't working.
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