My partner and I dont have a tenancy agreement wit our landlords but our landlords owe us money and my partner has sent

Expert's Assistant chat
Customer: Hi,
JA: Hello. How can I help?
Customer: Hi, my partner and I dont have a tenancy agreement wit our landlords but our landlords owe us money and my partner has sent them a invoice to which they haven't been in contact with to pay for it, out lanlords have given us 42 days notice to move out, can my partner and I stay stay in the rental until our money is owed to us and can we stop paying rent?
JA: What state are you in? It matters because laws vary by location.
Customer: New Zealand
JA: What steps have you taken so far?
Customer: We have invoiced landlord and have sent text messages for them to contact us about payment and we haven't heard anything
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no I think that is it for now thank you
Answered by Chris The Lawyer in 6 mins 2 years ago
imglogo
Chris The Lawyer
10+ years of experience
logo

42430 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
Chris The Lawyer
10+ years of experience
logo

42430 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

img

Chris The Lawyer, Expert

If you have not paid a bond, and there is no tenancy agreement, and the contract for payment of this money which is owed to you, is clear and agreed, then you can stop paying rent until the debt has been cleared. Your landlord could possibly be trouble for not having either a bond or a written tenancy agreement, so they are not in a strong position

Customer
we have no agreement in writing as we had a verbal understanding that my partner and I were going to buy the rental in three years time but the landlords have changed there mind now its over just over 10k that they owe us
img

Chris The Lawyer, Expert

If you wanted to buy the house, you would need to have an agreement in writing. A contract such as an option to buy a house must be in writing to be enforceable. But if they owe you that much money, you might need to bring a claim in the Disputes Tribunal for the balance of the money after you stop paying rent.

Customer
Ok, thank you for your help, I have sent another text to landlords today to discuss payment by the end of today, If i don't hear back from them can I text them to say that we will stop paying rent until what money is owed to us? and that cant kick us out?
img

Chris The Lawyer, Expert

If they try to evict you before the 42 day notice has come to an end, they would need to make an application in the Tenancy Tribunal, and then need to explain to the tribunal why they don't have either a bond or a written tenancy agreement, and face the real possibility of a fine and penalty

Customer
ok, thank you for your time
img

Chris The Lawyer, Expert

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer