Tenancy problem - Having two tenancy agreements on a not legal and income house, upstairs and downstairs both has their own tenancy agreement. Now the downstairs tenant has 4 fours rents arrear and his fixed term will end on end of May 2015. We want to apply for tenancy tribunal for the rent arrear but wanting to know if the tenant also apply for one against us about being not a legal home and income, what would happen to us as a landlord? Has anyone have similar experience like this? The tenant downstairs has no job and on benefit. I was really silly to let him be my tenant (It was via a letting agent). Downstairs has bathroom/toilet/rampus room and kitchenette. (We are going to remove the sink when the tenant moved out as agreed by the council.
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Help - Rent arrear on not legal home and income
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As it's illegal and you knowingly did it there are all sorts of legal issues for you. I would just try to get them out and move on. Tenancy tribunal are a particular breed of insane people not to mention council, insurance the list goes on. Stand in front of a mirror and poke yourself in the eye really hard. If you find that enjoyable that them to tribunal, otherwise don't.
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Do NOT take the tenant to tribunal if the tenancy is illegal. Actually the tenant could claim back all the rent they have paid from the start of the tenancy in this situation.
Like others have said, take the loss, learn from it and move on.
Shane
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Originally posted by MaelstromYes guys and girls, points taken but how does schrodinger get tenant out?
or does he have to wait until end of May?
even then what if tenant doesnt move, how does schrodinger enforce his removal in May without tenancy tribunal?
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Originally posted by MaelstromI see ...
I didnt know this ...
According to schrodinger "I was really silly to let him be my tenant (It was via a letting agent)"
You'd think a letting agent wouldve been wise to this and would have advised schrodinger accordingly????
The more apt question would be why didn't the OP do his homework on his business.Last edited by Maccachic; 10-03-2015, 12:50 PM.
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Originally posted by Maccachic View PostWhat and cut off there income source they are paid by the Landlord to find a tenant and that's all.
The more apt question would be why didn't the OP do his homework on his business.
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As Shane said I have personally claimed rent back from the landlord since I was living on in an illegal basement conversion. I asked my landload to give my bond back and he did not. I took him to the TT. Got my rent + bond back.
Since then I have legally converted 2xbasements my self and they do cost a lot.
Originally posted by Shane D View PostDo NOT take the tenant to tribunal if the tenancy is illegal. Actually the tenant could claim back all the rent they have paid from the start of the tenancy in this situation.
Like others have said, take the loss, learn from it and move on.
Shane
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I have done this. First thing is to check that whether you council allows this. Please see the thread below.
Originally posted by MaelstromWhich brings us back to not legal home and income
why is it not legal and how can one fix that side of it to make it legal ... to have spare rooms and not be able to rent it out making it dead space sounds unfair
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Yes, beginner, and well done to you.
Many landlords knowingly reap the benefits of renting illegal premises.
Then when they are about to be found out they cry "unfair" or "overzealous" or try to cover it up by bribing the tenant not to tell on them.
Honesty is expected from the tenant of course, but it appears in some cases it doesn't seem to apply in the other direction.
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Originally posted by Beginner1 View PostI have personally claimed rent back from the landlord since I was living on in an illegal basement conversion. I asked my landload to give my bond back and he did not. I took him to the TT. Got my rent + bond back.
I wonder what is the most likely outcome if tenant of an illegally rented sleepout takes landlord to TT? I.e. in case if the sleepout is safe and perfectly fine as per building code, has bathroom, toilet, all with building consent, but doesn't have a resource consent to allow renting it separately (i.e. as minor household unit)
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I have realized the place was illegal after moving in with fixed term contract. I asked the landlord to let me out and give me my bond back. He did not. idiot.
I went to the council and logged a complaint saying this person is renting a illegal dwelling. They came around(it was illegal) and gave Notice to Fix which was to demolish all the bedrooms bathroom and kitchen and the laundry. It was a nicely done unit but no building permit, resource consent. so doesn't comply. I showed the letter to landlord and he kicked me out. So I had to stay at a hotel for 2 weeks. I went to TT and won hands down. He had to pay all my expenses.
To answer your question, if you don't have a resource consent (even the building is legal) your building is illegal.
Originally posted by ivanp View PostCan you please provide details: what were your arguments in TT that helped to return your rent? Was the basement unsanitary, unsafe or something?
I wonder what is the most likely outcome if tenant of an illegally rented sleepout takes landlord to TT? I.e. in case if the sleepout is safe and perfectly fine as per building code, has bathroom, toilet, all with building consent, but doesn't have a resource consent to allow renting it separately (i.e. as minor household unit)
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