Tenancy ruling questions full rent refunds in unconsented rentals
1 November 1 2017
Weirder and weirder it gets.
1 November 1 2017
Originally posted by Stuff
The days of full rent refunds for tenants could be numbered after a Tenancy Tribunal ruling. Since 2013, multiple tenancies have been reportedly been deemed unlawful, and tenants have been refunded rents sometimes in the order of tens of thousands of dollars. However, in the latest case, one adjudicator has decided only to give the tenants back their bond. Adjudicator R Armstrong wrote in his order that on the face of it, he was bound by 2013's High Court decision.
But unlike other adjudicators, he questioned his power to return rent under section 137 of the act. "I would find it very difficult to accept that Parliament intended that the tribunal must order a landlord to repay to a tenant all rent paid by the tenant in every case where, for whatever reason, the premises could not be lawfully occupied by the tenant," Armstrong wrote in the Order.
He argued that Section 137 was referring to ancillary payments provided by the tenant "for the tenancy", not rent. "Rent is generally regarded as payment for the use and occupation of the premises rather than for the 'tenancy' as such. "Payment 'for the tenancy' is more apt to refer to payment for the granting of the tenancy rather than payment in the nature of rent."
But unlike other adjudicators, he questioned his power to return rent under section 137 of the act. "I would find it very difficult to accept that Parliament intended that the tribunal must order a landlord to repay to a tenant all rent paid by the tenant in every case where, for whatever reason, the premises could not be lawfully occupied by the tenant," Armstrong wrote in the Order.
He argued that Section 137 was referring to ancillary payments provided by the tenant "for the tenancy", not rent. "Rent is generally regarded as payment for the use and occupation of the premises rather than for the 'tenancy' as such. "Payment 'for the tenancy' is more apt to refer to payment for the granting of the tenancy rather than payment in the nature of rent."
Comment