Rentals and Code Compliance Certificate

[Bennyh69]

Good morning,

I just need some help and advice please,

Is it legal to knowingly rent a property without a CCC?

We find ourselves in a situation where we have been living in a rental property for 93 weeks of which 74 weeks without a complete property to enjoy. Believe me we have moaned about it.

We have pretty much been living on a construction site, no backyard, not pathways and we no longer have a secure property as a section of the fence has been removed to assist the builders and it's been ongoing for 17months, we have only been in here 23 months.

We feel duped as I have recently found out that the council approved works to commence in 2012 and the property hasn't been issued with a CCC to date, tenancy started for us in 2013.

Any advice would help
Cheers

[Eugene]

I know this much:

You are entitled to quiet enjoyment of the property. if you are annoyed by work happening on the section there would be a breach.

It would be OK for the landlord to work towards completing a project and getting a CCC. However you are entitled to withhold consent for access into the house for work that is not necessary.

Tenanted houses are required to have certain things, eg oven.

Were the fence and pathways in place when you first rented the house? Then later removed?

I hope an expert will reply to you soon

[artemis]

Your remedy appears to be a 14 day notice with recourse to the Tenancy Tribunal if the landlord's breach is not remedied. You need to think about what result you want (rent reduction - maybe backdated - compensation, end the tenancy early if fixed term. Or a combination of these. More here:

http://www.tenancy.govt.nz/maintenance-and-inspections/quiet-enjoyment/

[Bennyh69]

Thanks for the help,

In regards to the quiet enjoyment of the property, we understand this part. The property management company and the owner don't seem to know what each other are doing.

We were initially told that works were being done to improve the property (driveway extension, new pathways, decking, grassed area, drainage and that it would be done by the end of summer, that was about 18months ago) to benefit our stay. This still hasn't happened and continues today.

The owner is on our property so frequent and unannounced it's like he's family, we initially thought he was the building site manager however after about a month we put 2 and 2 together. It's not just a breach, my understanding is that once or twice is a breach, he's been on site I would say at a guess 100+ days over the last 22 months, and would have let us know 2 or 3 times, to me that's unlawful.

Thanks again

[artemis]

Not necessarily a breach or unlawful as landlords are permitted to enter the property (but not the dwelling) without permission. However, the amount of disruption and the number of entries to the property do sound like quiet enjoyment has been compromised.

If your tenancy agreement is with the property manager then you need to address your issues with him/her. I suggest an initial meeting to get your issues and photos out on the table, and you follow up with an emailed record of the meeting - who was there, when, what was discussed, what was agreed. That should put the PM on notice that there may be more to come, of a more formal nature. Then depending on the outcome, a 14 day notice etc.

You need to get something in writing (eg emailed record of meeting, 14 day notice) in case the landlord gives you 42 or 90 days notice, and you don't want to go, at least in that timeframe. You then can apply to the Tenancy Tribunal to have any notice set aside as retaliatory (plus possible compensation).

[Bennyh69]

Thanks for the information, we have been through the mediation stage just recently. We are awaiting a response from the Prop Mgmnt Co.

My main question now is around the legalities of entering into a tenancy agreement knowing that the property didn't have a CCC.

Thanks

[Eugene]

Do you know it didn't comply when the work started?

[Bennyh69]

No certainly not, when work started or when we originally entered into the tenancy agreement. However the landlords must have know.

I now knew this property was a leaky home as the entire roof and cladding was replaced new prior to us moving in.

Cheers

[jimO]

Do you know it didn't comply when the work started?

beause it doesnt have one mean it doesnt comply

[Maccachic]

beause it doesnt have one mean it doesnt comply

Depends on the age of the house, loads of properties don't have a CCC.

Nothing is going to change as you have been having issues for this long. Id be finding a new property and telling LL you are moving.

[Eugene]

You can't get a rent refund but you could look at damages.
Phone Tenancy Services, they will be up with the play on this one