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  1. #1

    Default No code of compliance on rental home

    Can you legally rent a home that has no code of compliance?

    Does anyone have knowledge of this or where to approach to find out?

    Thanks

  2. #2

    Default

    Even if you could, having effective insurance cover would be difficult.

  3. #3

    Default

    You can but beware of "professional tenants" claiming all their rent back on the threat of dobbing you into council.

  4. #4
    Join Date
    Dec 2014
    Posts
    147

    Default

    There was this case, which saw the owner getting pinged by the TT for all the rent paid on a property that didn't have building consent.

    However, reason 12 has the following comments ...

    In some circumstances, particularly where a lack of building consent relates to a part of a property, or is an oversight and only a technical breach that has caused no detriment, return of all rent could be contrary to the purpose of the Act, and unjust.
    and ...
    The Tribunal would also have to consider the merits where it is concerned that a tenant has taken advantage of accommodation expecting to later seek return of the rent, or brings a claim for a past tenancy about which, at the time, they made no complaint or suffered no detriment
    .

    But that's only the TT. I have no idea on how individual councils would treat this, or what penalties they could impose, although I suspect there would be considerable variance depending on which council you were dealing with.

    And yes, I know - that ruling refers to building consents, rather than codes of compliance (the differences of which I know nada). Hopefully there's still some relevance.

  5. #5

    Default

    If a TT rules that not having a CCC was an unlawful tenancy then they could find against you under the RTA. But there no legal requirement to have a CCC for dwelling except for public buildings that may need a CPU if CCC not issued.

    so if you dont need one for a dwelling do you need one for a rental?

    Even if you did what about the 80% rentals built before 1992?

    as for your insurer disclose to them and if they make an issue sack them?

  6. #6

    Default

    Big Wal
    https://forms.justice.govt.nz/search.../109826883.pdf

    thanks for that decision it shows how important it is to push back against silly council impositions in the first place. Surely the property council or someone should be attacking this trend to criminalize landlords?

  7. #7
    Join Date
    May 2012
    Location
    Wellington
    Posts
    518

    Default

    I understand the next round if changes to the RTA is going to address this. Just how far it will go remains to be see though.

  8. #8

    Default

    I understand the next round if changes to the RTA is going to address this.
    how will it address this?

    it is being driven by ideologues in the ministry are they the ones trusted to sort this out?

  9. #9
    Join Date
    May 2012
    Location
    Wellington
    Posts
    518

    Default

    Let's face it, there have been any number of quite warranted cases recently where clearly substandard property has been rented out to those that neither know any better nor can afford to pay any more, by unscrupulous landlords. I'm guessing the law makers are trying to further legislate against this in the hope to reduce it.

    Unfortunately, if they are successful, they are going to remove a heap of rental property at the lower end of the cost range, forcing even more people to live in their cars.

    It will also mean many properties that are otherwise safe and of good standard that just don't have the final consent ticked off will perhaps be caught in the same trap.

    It remains to be seen how far it will go.

  10. #10

    Default

    ..............and what about the 80% that dont have any paperwork because they were built before 1992 or the majority of the remaining 20% with CCC's that are in worse condition because they were crap buildings as well and no better than the rest after 25 years of neglect and abuse!!!


 

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