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  • upstairs/downstairs rental

    Greetings all. We have a rental property that is split level. Downstairs is self-contained, has it's own entrance and seperate power supply. We are looking at getting seperate water meter as well. When we brought the property, the downstairs tenants were long term but have recently purchased their own home. The Broadband company has come back and said the unit does not have it's own seperate title so they are unable to connect broad band down stairs. My question is how does one go about getting the downstairs unit recognised on it's own title. I have rung the council but I need to talk to people in an office that closes at 12pm, so it's hard for me to speak to any of them.

    I need a seperate title/letterbox/seperate water bill/and broadband.

    Any help appreciated

  • #2
    Originally posted by marzy View Post
    I have rung the council but I need to talk to people in an office that closes at 12pm, so it's hard for me to speak to any of them.
    I wonder what those Council office folks do for the rest of the day? On full pay - no doubt.

    Can you independently verify the title claim by "the broadband company?" Sounds rather dodgy, to me. (Think - a block of flats.)

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    • #3
      OK, firstly it appears you have established that the house has only one title. It won't be the Council's responsibility to give you legal advice to more than confirming that the land has one title.
      This is buying a house 101, what did you buy? A property with a freehold title, a cross lease title, a unit title? I can't believe that people buy property without actually knowing what they are buying. I am presuming you have a freehold title with a house that has an upstairs self contained area. Can this legally be rented separately? That is also a question to ask.
      Firstly you would likely not be able to convert the single title into unit titles and whoa the cost to do this, just to get broadband? And then bring in all the other things like firewall separation, etc.
      You say separate power meter? Is this a totally separate supply where you get 2 bills or you have a check meter that you need to read yourself? i owned a house with a sc flat that had a power check meter (reads the power consumption but does not produce a separate power bill) and I had no problem getting a separate broadband for the flat. However it was on the same fibre connection that came into the house.
      Now secondly, re the tenants. Are you renting out a property that is legal? if you don't have a firewall (in this case in the floor separating the upstairs and downstairs residences) then you open for other difficulties. Landlords are required under section 45 (1) (c) RTA to “comply with all requirements in respect of buildings, health, and safety under any enactment so far as they apply to the premises”. This is a positive legal requirement for all landlords and breach of the many requirements detailed under section 45 (1) is “declared to be an unlawful act” attracting exemplary damages to a maximum of $4,000.00 (section 45(1A) RTA). Also Code of Compliance for the whole house (flat included) does not mean there is legal consent for the downstairs unit to be rented separately from the main house.
      Last edited by RollingCloud; 11-03-2021, 12:39 PM.

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      • #4
        you can have two connections to the same house?

        https://voyager.nz/blog/how-can-i-ge...%20your%20home.

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        • #5
          Landlord supply unlimited broadband or fibre to the whole property and include cost in the rent?

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          • #6
            Originally posted by artemis View Post
            Landlord supply unlimited broadband or fibre to the whole property and include cost in the rent?
            Why not as an extra?

            Is that an RTA option?

            Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

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            • #7
              Originally posted by John the builder View Post
              you can have two connections to the same house?

              https://voyager.nz/blog/how-can-i-ge...%20your%20home.
              They'd just be on the same invoice under the same entity aye. So get unlimited broadband, split the cost and add it to the rent.

              I liked RollingCloud's reply as it brings up the legitimacy of renting out the space. Worth checking out as your insurance would be void if it's not compliant on top of what RC says.

              cheers,

              Donna
              SEARCH PropertyTalk, About PropertyTalk

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              • #8
                Originally posted by RollingCloud View Post
                OK, .........
                Now secondly, re the tenants. Are you renting out a property that is legal? if you don't have a firewall (in this case in the floor separating the upstairs and downstairs residences) then you open for other difficulties. Landlords are required under section 45 (1) (c) RTA to “comply with all requirements in respect of buildings, health, and safety under any enactment so far as they apply to the premises”. This is a positive legal requirement for all landlords and breach of the many requirements detailed under section 45 (1) is “declared to be an unlawful act” attracting exemplary damages to a maximum of $4,000.00 (section 45(1A) RTA). Also Code of Compliance for the whole house (flat included) does not mean there is legal consent for the downstairs unit to be rented separately from the main house.
                RS
                many long established tenancies were approved without fire separation. The building act does not require existing buildings to be compliant with current code requirement. So it is wrong to say a non compliant building is unlawful.

                even unapproved work is not unlawful as the offence is to the person doing the work without consent not to the work per se.

                The Building act only affects existing building if dangerous or insanitary (and when triggered by some other situtations (change of use or subdivision or EQ) and while some have tried to make the lack of compliant separation dangerous for fire this must be resisted or we will condemn most pre1992 commercial building and many older multidwellings.

                This is a confused area driven by uninformed understanding of the building act and with respect you need to be clearer in respect to what the Building Act requires for existing building as opposed to what new building work is required to satisfy.

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                • #9
                  Originally posted by donna View Post

                  They'd just be on the same invoice under the same entity aye. So get unlimited broadband, split the cost and add it to the rent.

                  I liked RollingCloud's reply as it brings up the legitimacy of renting out the space. Worth checking out as your insurance would be void if it's not compliant on top of what RC says.

                  cheers,

                  Donna
                  what legal impediment is there to two broadband connection to the same property?
                  the post suggested that there was one per title but surely this is nonsense?

                  I suspect the answer is that chorus are contracted to provide one to each house and if you want two then you pay full cost biut you could get a limited wireless system?

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                  • #10
                    ^^ Just read voyager info on the options and there was no mention of Title so pays to be in the know before contacting your service provider.

                    cheers
                    Donna
                    SEARCH PropertyTalk, About PropertyTalk

                    BusinessBlogs - the best business articles are found here

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                    • #11
                      You don't need a second title. You need a second port activation.

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                      • #12
                        You don't need any of this crap.
                        Get a bridge router and run an ethernet cable.

                        I can't believe people are advocating for giving the broadband company twice as much money when you already have UNLIMITED SUPPLY ON SITE
                        Last edited by crashy; 09-04-2021, 03:15 PM.

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                        • #13
                          https://www.propertytalk.com/forum/f...134#post722134

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                          • #14
                            Yep have them both pay $120 per month for unlimited broadband supplied, and the $100 router and cable should net you $1,440 Pa

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