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60,000 feud erupts over home - A rent to buy problem

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  • 60,000 feud erupts over home - A rent to buy problem

    60,000 feud erupts over home
    5:00AM Friday December 21, 2007
    By Maria Slade

    A South Auckland solo mother says she is over $60,000 out of pocket after a verbal "rent to buy" agreement with her landlord went sour.

    Philominna Akaruru has lived in her Buckland Rd, Mangere, home since 1999. In the first couple of years she had major renovations done - including building of a conservatory, a sleepout and a privacy wall, recarpeting, and cobbling the driveway - on the understanding she would eventually purchase the property from her landlords.

    The cost of the renovations would be considered her deposit, with the $60,000-plus for the work coming as a gift from a family member.

    However her landlords, Abdul and Tahera Patel, say they didn't know their tenant had planned the work, and deny there was an agreement to sell the house to her.

    A caveat was placed on the property in August and the matter is now before the High Court.

    "I fell in love with the place," Ms Akaruru said. "I took an interest in it and then started to do the renovations. But they [the Patels] were aware of it. They didn't tell me, 'Oh, don't do it.' They visited while the work was happening.

    "They could have stopped me."

    She said Mrs Patel and a relative even made the curtains for the sleepout, for which she paid them $600 cash. Ms Akaruru said Mrs Patel did not give her a receipt for the payment.

    But the Patels, who own a total of eight properties in Auckland and Manukau City, say there was no agreement to sell.

    They told Ms Akaruru she was not supposed to do work on the house without their permission, Abdul Patel said. "When we find out [about the renovations], she say don't worry, don't worry, because when I had a bad time you helped me."

    Mr Patel said Ms Akaruru had got behind on the rent on several occasions, and they agreed to let her pay off the arrears over time.

    "We've been helping out so many times. Now she stabs us in the back."

    Ms Akaruru, a 51-year-old beneficiary, admitted she owed the Patels rent, and was currently paying them $400 a week - instead of $350 - to catch up.

    But she is adamant the understanding had always been that she would eventually buy Buckland Rd.

    She said in 2004, the Patels got two real estate agencies to appraise the four-bedroom house - who valued it at between $290,000 and $350,000 - and set up a meeting for her and her adult daughter with their mortgage broker.

    "They asked us, how much have we got for a deposit? I said we've got nothing. They advised us then they were only going to give me $20,000 towards the deposit so therefore we would have to raise $30,000. I was dumbfounded."

    Ms Akaruru said her daughter was horrified. "Her exact words were, 'Mum, bulldoze what you've put in."'

    Mr Patel said Ms Akaruru came to them to buy the property, and when they told her what it was worth she "just walked out". He declined to discuss the dispute any further, saying it was a private matter.

    Latest breaking news articles, photos, video, blogs, reviews, analysis, opinion and reader comment from New Zealand and around the World - NZ Herald
    "There's one way to find out if a man is honest-ask him. If he says 'yes,' you know he is a crook." Groucho Marx

  • #2
    Philominna Akaruru has lived in her Buckland Rd, Mangere, home since 1999. In the first couple of years she had major renovations done - including building of a conservatory, a sleepout and a privacy wall, re-carpeting, and cobbling the driveway -
    At least 6-8 years ago article said work was done.

    and
    They told Ms Akaruru she was not supposed to do work on the house without their permission, Abdul Patel said. "When we find out [about the renovations], she say don't worry, don't worry, because when I had a bad time you helped me."
    It really goes to show how careful landlords need to be.

    Could the landlord have done more back when works were discovered?

    What about conservatory build? Does it have council consent?

    Seems like a bit of work was carried out in first couple of years. How could landlord not have known any of it was going on? Could they have told the tenant to stop any further unauthorized works at this point.

    I mean a couple of years of Reno's, why does a landlord let it get this far if they say the works are not with there permission.

    Comment


    • #3
      this is a difficult one;

      The land lord must have been aware of significant alterations to the property, and certainly should have said to the tenant that it was not appropriate for them to make any alterations, where the Patels made their mistake was not to create a paper trail saying not to make any alteration(i am assuming they made no paper trail).

      The tenant was amiss buy not confirming a conditional option to purchase the property in writing.

      overall a sad mess, it just goes to say everything that is communicated to a tenant must be in writing, even when been nice, it protects everyone involved.

      I remember a high court case between housing nz and a tenant who made significant alterations, and the tenant wanted reimbursement for the alterations made to the property, if I remember correctly the court sided with the landlord, saying at the end of the day the tenant did not get authorization or make any aggreement with the landlord in regards to additions to the property. So in this case I am guessing that is what most likely happen here..

      Comment


      • #4
        Yes everything in writing.

        I have done this to even my better tenants.

        Sorry "I am going to have to give a 10 day letter to remedy. Even though you will have it sorted out shortly. It is nothing personal I just need to legally cover it in writing to protect myself and you"

        Comment

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