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Private Board or Tenant under RTA ??

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  • #16
    This may have answered my question.
    Highly recommended read!

    https://realiq.nz/unlawful_dwelling_..._to_landlords/

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    • #17
      Interesting tale. Collecting a bond and having a tenancy agreement was a dumb idea, if trying to contract out of the RTA. It made it obvious is was subject to the RTA and the LL knew that. And got off light, under the circumstances.

      With the RTA, there is a difference between attempted "contracting out" and being "exempt from."
      Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

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      • #18
        Originally posted by BellBird99 View Post
        . . . . it's all just under the roof of my house.
        If that's so, it seems to me that what you propose is exempt from the RTA, pursuant to s 5 (1) (n).

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

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        • #19
          Originally posted by Perry View Post
          Interesting tale. Collecting a bond and having a tenancy agreement was a dumb idea, if trying to contract out of the RTA. It made it obvious is was subject to the RTA and the LL knew that. And got off light, under the circumstances.

          With the RTA, there is a difference between attempted "contracting out" and being "exempt from."
          As far as I read it, the LL was never actually exempt from the RTA, because the tenant had no access to the rest of the house. They are only a boarder if they have fuill access to all the amenities according to this article.
          This is my situation, the tenants have their own wing that has no internal access to the rest of the house despite it all being under my roof and joined to my house.

          Basically, we need to just not do anything to cause the tenant (Boarder) to take us to tribunal, or get the flat separately consented via council. (that will be well over 40k)

          I also found this when searching the sub-section that Perry mentioned.
          https://forms.justice.govt.nz/search.../107186229.pdf



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          • #20
            To me, it seems that the nub of it is summed, here:

            I am not persuaded that the dwelling is used principally as a place of residence by the owner or any member of his family.

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

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            • #21
              Interesting thread. Another question is what is your relationship like with the neighbours?

              If the rooms were consented by Council as storage (am I reading this right?) and you have a paying guest/tenant move in, if things were to turn or are unpleasant with the neighbours, could this affect your relationship with the tenant/guest?

              (In our area we are allowed a minor dwelling of set size for immediate dependent relatives, farm workers and someone else (sorry, memory fail) but quite often these facilities end up rented out to others via word of mouth.

              In the closest case to us, additional add on's were classed as storage rooms on a minor codeless dwelling and Council didn't bat an eye lid when they came to undertake final compliance on another dwelling that had been moved on. The property went on the market and has since sold. )

              S.

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              • #22
                Really sounds like they aren't a Boarder as usually food would be supplied.
                As you live on the premises they could be a flatmate - especially as you supply all the utilities.
                Have a read of this
                https://www.cab.org.nz/article/KB00000813

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                • #23
                  Is adding a firewall to an existing house and adding a dwelling (home and income type )more economical than building a separate MDU ?
                  or are the returns not worth it ?

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