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  1. #61

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    Quote Originally Posted by Beginner1 View Post
    I can provide you a copy of the order that I have received to terminate the tenancy and pay the bond back in full.

    This is what I extracted from the tribunal order which may hep you;

    5. Mr XXXX alleges that the property was not permitted and so unlawfully rented, but makes no claims for damages or compensation pursuant to section 45(1)(c) & (2A) and section 109 Residential Tenancies Act 1986.

    All I wanted was my bond back and out of the fix term tenancies , but I could have asked for my rent back as compensation.

    Section 45(1)(c) says "(c) comply with all requirements in respect of buildings,health, and safety under any enactment so far as they
    apply to the premises; and"
    From my understandings of previous rulings on this .If you did not suffer any kind of loss you cannot claim for rent back, even though the premises may have been unpermitted.

  2. #62
    Join Date
    Mar 2009
    Posts
    155

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    Quote Originally Posted by mrsaneperson View Post
    From my understandings of previous rulings on this .If you did not suffer any kind of loss you cannot claim for rent back, even though the premises may have been unpermitted.
    Yes you are correct. You will have to plead your suffereing.

  3. #63

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    I'd take the owner to Tribunal- you should win handsome damages.

  4. #64

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    Quote Originally Posted by richard evans View Post
    I'd take the owner to Tribunal- you should win handsome damages.
    What damages?

    What suffering?

    What wrong doing to the tenant?

    This is the sort of silly banal comments that lead to a wrong path.

  5. #65
    Join Date
    Nov 2006
    Location
    Cyberspace
    Posts
    5,761

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    What a different set of replies would be with this thread now!

  6. #66

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    Quote Originally Posted by Keys View Post
    What a different set of replies would be with this thread now!

    I came across this final ruling in May 2017 from a B Stephenson who in my opinion made fair and reasonable judgment and did not apply section 137 requiring all rent to be returned:
    [note: The original part1 of this TT order B Stephenson made in Dec 2016 dismissing any application of section 137, he discusses the Anderson case and rules it should not apply]

    https://forms.justice.govt.nz/search.../122812156.pdf

  7. #67

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    Why dont you ask the LL for a safe and sanitary inspection ? The electrical should be a safty certificate. Some alarms?

    It is not illegal ............. it may be unconsented or unapproved but it is not illegal unless dangerous or insanitary. (or perhaps under RMA a building that precludes residential living?)

    you said 275 was acceptable? what did you expect?

  8. #68
    Join Date
    Sep 2008
    Location
    Tauranga
    Posts
    1,518

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    One for us. yay.

    A court ruling that might have paved the way for thousands of rent refunds has been overturned, leaving the tenant with a $10,000 bill to pay her landlord.

    A Dunedin landlord was ordered to refund $10,000 of rent back to a tenant, Natalie Parry, because she had been living in a property with unpermitted alterations. Parry had stayed for 29 weeks.
    Vic Inglis and his wife bought the property as is. They did not realise that the alterations were different from plans submitted to the Dunedin City Council, and did not request a LIM report.
    The Tenancy Tribunal said the tenancy was unlawful because of the unpermitted work and the tenant was entitled to a full refund of all rent paid.



    https://www.stuff.co.nz/business/990...urned-by-court


 

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