Illegal dwelling _ Rights for tenants

[Beginner1]

Council deemed it is illegal, they will proceed further with the owner. I will walk out when I find a suitable place. I hope to pay all the rent for my stay.

[skid]

It always amazes me--if I were a LL with an illegal rental[which Im not] Id be a bastion of diplomacy

[BigRedDog]

It always amazes me--if I were a LL with an illegal rental[which Im not] Id be a bastion of diplomacy

Amazing isn't it

[essence]

Nose. Face. Not always attached.

[mrsaneperson]

Council deemed it is illegal, they will proceed further with the owner. I will walk out when I find a suitable place. I hope to pay all the rent for my stay.

When you say "council deemed it was illegal" had the owner not applied for consent for the kitchen ? And the kitchen was not listed on their LIM records? Or did they know about the kitchen but were concerned he was renting the downstairs basement separate?

[Shalodge]

Second kitchen? .. not a problem .. Converting basement garage to let as a minor dwelling without RC .. priceless!

Russell

[mrsaneperson]

Second kitchen? .. not a problem .. Converting basement garage to let as a minor dwelling without RC .. priceless!

Russell

Happens throughout NZ & todate their have been no prosecutions by council for doing exactly that. Why? Because they know its legally & logistically unenforcable.

[Shalodge]

That's not exactly how the process works.. TLA's rarely prosecute for not getting a resource consent instead they use the power to issue an abatement notice and if that fails they may press for an enforcement order from the Environment Court .. Ch have a good bit on it here: http://www.ccc.govt.nz/homeliving/bu...toftherma.aspx

Disregard abatement and enforcement orders at your peril! There are far more punitive measures than mere prosecution.

Russell

[mrsaneperson]

That's not exactly how the process works.. TLA's rarely prosecute for not getting a resource consent instead they use the power to issue an abatement notice and if that fails they may press for an enforcement order from the Environment Court .. Ch have a good bit on it here: http://www.ccc.govt.nz/homeliving/bu...toftherma.aspx

Disregard abatement and enforcement orders at your peril! There are far more punitive measures than mere prosecution.

Russell

The environment court has nothing whatsoever to do with this. The situation is neither unsafe, nor dangerous providing all appliance & connections are consented & registered on the LIM . If a landlord chooses to rent a basement out separately that has everything consented there is nothing council can do as it is neither unsafe, nor illegal .As i said in my previous post there are 1000's of homeowners doing exactly this throughout NZ. There is no rationale in declaring a house fully rentable out to 1 tenant yet unfit & illegal if it is 2 separate tenants, one occupying basement solely. Show me 1 case where any abatement notice has been issued with respect to this. There are none because it is illogical & legally unenforceable.The same applies to Granny Flats; once again legally unenforcable to be deemed fit only for the residence of "Granny".

[Shalodge]

I'm suffering from RSI!! This has been done to death in other threads . Here's one...

http://www.propertytalk.com/forum/showthread.php?30904-Can-the-council-shut-down-an-granny-flat

Russell

[Shalodge]

For those of you that have any doubts please note carefully..

Auckland City Council have no definition of a Granny Flat or minor dwelling. Any 'converted' basement becomes a second dwelling once it has a kitchen, even if it attached to a 'main' dwelling. You will need a resource consent to create this. If you do convert it and especially if you let it out you are taking a serious risk. Your tenant can blackmail you (now where have I seen that?) The Council will normally only act on a complaint but if one is made you will receive an abatement notice and it will continue from there.

mrsaneperson is well off his meds...

http://www.nzherald.co.nz/property/news/article.cfm?c_id=8&objectid=10366696

[mrsaneperson]

For those of you that have any doubts please note carefully..

Auckland City Council have no definition of a Granny Flat or minor dwelling. Any 'converted' basement becomes a second dwelling once it has a kitchen, even if it attached to a 'main' dwelling. You will need a resource consent to create this. If you do convert it and especially if you let it out you are taking a serious risk. Your tenant can blackmail you (now where have I seen that?) The Council will normally only act on a complaint but if one is made you will receive an abatement notice and it will continue from there.

mrsaneperson is well off his meds...

Not so . There are many instances where there are 2nd kitchens both consented & it is deemed as only one dwelling but rented out as 2. There is not one case of any prosecution because council know it defys rationale & is legally unenforcable. This is the same for Granny flats ,there is not 1 instance of council issuing an abatement notice because someone else other than granny is residing there.You cant show me one example because there are none! And the originator of this thread is not an example as no doubt the kithcen he refers too is unconsented therefore there are legal ramifications . The propertytalk link you refer too in your 2nd to last post above concerned an unconsented kitchen.

You are misinformed.

[eri]

Application for resource consent under section 88 of the Resource
Management Act 1991 by Foster Road Grazing Limited to legalise a
second dwelling originally consented as a minor household unit,
garage, workshop/barn and storage area at 40 Foster Road,
Waimauku held on Wednesday, 17 August 2011 commencing at
9.30am


CONSENT, PURSUANT TO SECTIONS 104 AND 104D
OF THE RESOURCE MANAGEMENT ACT, IS REFUSED.
THE FULL DECISION IS SET OUT BELOW

http://www.aucklandcouncil.govt.nz/SiteCollectionDocuments/aboutcouncil/hearings/heardingdrpt40fosterroadwaimauku20110817.pdf

[mrsaneperson]

Application for resource consent under section 88 of the Resource
Management Act 1991 by Foster Road Grazing Limited to legalise a
second dwelling originally consented as a minor household unit,
garage, workshop/barn and storage area at 40 Foster Road,
Waimauku held on Wednesday, 17 August 2011 commencing at
9.30am


CONSENT, PURSUANT TO SECTIONS 104 AND 104D
OF THE RESOURCE MANAGEMENT ACT, IS REFUSED.
THE FULL DECISION IS SET OUT BELOW

http://www.aucklandcouncil.govt.nz/S...ku20110817.pdf

This is not an example of an abatement notice been issued with respect to 2 sets of tenants living in a dwelling designated as one building.It relates too rural classification zoning not urban. It seems you have misunderstood the context of my posts within the thread.

[TheLiberalLeft]

How do you define "kitchen"? I'm thinking of installing a bar in my downstairs area/games room/great hall. It will have a sink and a fridge, a microwave and possibly a hot plate cooktop (portable/plug-in), but not a stove as such. There was always water piped to this area as it used to be a laundry, so therefore there was always an outlet too. Require any sort of consent?