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

    Default Unconsented outside bedrooms are not availble to rent.

    It also included $5550 as an adjustment to the total rent Steven paid for the house as the rumpus area was not legally consented as sleeping quarters.
    Therefore, Tam said Steven should only have paid for a three-bedroom property, not a five-bedroom property.

    https://www.stuff.co.nz/business/pro...n-garage-as-is


    Property manager claims family of four rented flood-prone bedrooms in garage 'as is'

    An Auckland property manager rented out an unsafe, flood-prone garage as two separate bedrooms then claimed the tenant rented it 'as is'.
    The property, in the south Auckland suburb of Manurewa, flooded three times in a year, leading to a legal battle and a $7500 pay-out.
    Tenancy Tribunal adjudicator Jack Tam delivered a judgment on the case in June.

  2. #2

    Default

    This has been a popular topic lately.
    Adjudicator J Robertshawe explains the law in this recent Lower Hutt case.
    https://forms.justice.govt.nz/search.../121291394.pdf

    This is one has an interesting twist. I now know why the upstairs windows were boarded up for some time.
    https://forms.justice.govt.nz/search.../120559633.pdf

    Container houses seem to be popular but this one was not legal
    https://forms.justice.govt.nz/search.../115783074.pdf

  3. #3
    Join Date
    Sep 2008
    Location
    Tauranga
    Posts
    1,518

    Default

    Interesting read. Lots of conversions where consents are obtained. Could be painful if some complains.
    Now it raises the questions about those portable buildings that get rented on a property. In general it is argued that they do not need consents but where is the line?

  4. #4
    Join Date
    Sep 2007
    Location
    Auckland
    Posts
    8,321

    Default

    Are the days of converting garages etc. over?
    Squadly dinky do!

  5. #5

    Default

    Quote Originally Posted by Davo36 View Post
    Are the days of converting garages etc. over?
    There is no law that stops a garage conversion to bedrooms

    clearly in the first instance that flooding garage was insanitary but that had nothing to do with approvals and everything to do with the responsibility fro owners to have sanitary building whether approved or not. The issue is not the approval but the flooding that made even an approved building insanitary.

    I have a barrister who is determined to find a client to turn this nonsence on its head. The TT is mistinterpreting Anderson decision and is somply wrong.

    Robertshaw may be the worst at this.....
    he states;

    5. It is accepted by both parties that the flat cannot lawfully be used as a residential tenancy. In the case of Anderson v FM Custodians Ltd[2013] 243, the High Court made a finding that premises that cannot be lawfully be used as residential tenancies are excluded from the definition of "residential premises" under the Act. The Court considered that such tenancies are prohibited transactions for which orders can only be made under of the Act.
    here lies the problem ....this is bullshit but if the LL agrees then he is admitting wrong and giving the TT the grounds but this needs to be challenged!

    This is bad law and unsafe decsions that need to be nipped in the bud

    If anyone has a case pending (or knows of one)please contact me by pm
    Last edited by Perry; 28-08-2017 at 10:56 AM.

  6. #6
    Join Date
    Mar 2013
    Location
    Auckland
    Posts
    1,672

    Default

    Quote Originally Posted by Viking View Post
    It also included $5550 as an adjustment to the total rent Steven paid for the house as the rumpus area was not legally consented as sleeping quarters.
    Therefore, Tam said Steven should only have paid for a three-bedroom property, not a five-bedroom property.

    https://www.stuff.co.nz/business/pro...n-garage-as-is


    Property manager claims family of four rented flood-prone bedrooms in garage 'as is'


    An Auckland property manager rented out an unsafe, flood-prone garage as two separate bedrooms then claimed the tenant rented it 'as is'.
    The property, in the south Auckland suburb of Manurewa, flooded three times in a year, leading to a legal battle and a $7500 pay-out.
    Tenancy Tribunal adjudicator Jack Tam delivered a judgment on the case in June.

    Something strange there.......they weren't using the rooms as bedrooms.
    So why the payout for two 'bedrooms' that weren't? Also, looks like a purpose-built garage+sleepout to me. I get the payout for a flooding area that ruined their stuff, but why reduce the rent based on number of bedrooms?
    My blog. From personal experience.
    http://statehousinginnz.wordpress.com/

  7. #7
    Join Date
    Mar 2013
    Location
    Auckland
    Posts
    1,672

    Default

    Quote Originally Posted by Lighthouse View Post

    Container houses seem to be popular but this one was not legal
    https://forms.justice.govt.nz/search.../115783074.pdf
    This one is ouchy. After being made aware that the house was non-compliant, the tenant chose to remain living there for another seven weeks, then got all her rent back. Wow.
    My blog. From personal experience.
    http://statehousinginnz.wordpress.com/

  8. #8

    Default

    Quote Originally Posted by sidinz View Post
    This one is ouchy. After being made aware that the house was non-compliant, the tenant chose to remain living there for another seven weeks, then got all her rent back. Wow.
    Well, yeah. When you have work commitments it's not exactly easy to just up sticks and move. Seven weeks is only 1 week longer than your "minimum" notice to vacate on a periodic tenancy.

    But you have to wonder why anyone would pay $480 a week to rent out a shipping container. Certainly would have been a very good ROI, $480 a week on what a $50k building on a free bit of land presumably next door to the landlord.

  9. #9

    Default

    Quote Originally Posted by sidinz View Post
    This one is ouchy. After being made aware that the house was non-compliant, the tenant chose to remain living there for another seven weeks, then got all her rent back. Wow.
    It was bought at auction converted for living with a LIM (how do you get a LIM for a container???

    that decision said;
    The court was of the view that a literal interpretation of residential premises:

    “...would give a measure of legitimacy to letting arrangements and transactions that are

    illegal under other enactments. It would allow landlords who let premises as residential in

    contravention of other enactments, such as the Resource Management Act, to be able to

    paragraph [65].
    use remedies provided by the RT Act against those tenants” –



    On the facts before me, the premises cannot lawfully be used as residential premises
    so anderson wamted to allow tenants to be protected by TT. But the TTT has gone too far and decsisded that being unlawful was sufficient to be refunded??? Someone appeal these turkeys????

  10. #10
    Join Date
    Mar 2013
    Location
    Auckland
    Posts
    1,672

    Default

    Quote Originally Posted by Nzdan View Post
    Well, yeah. When you have work commitments it's not exactly easy to just up sticks and move. Seven weeks is only 1 week longer than your "minimum" notice to vacate on a periodic tenancy.

    But you have to wonder why anyone would pay $480 a week to rent out a shipping container. Certainly would have been a very good ROI, $480 a week on what a $50k building on a free bit of land presumably next door to the landlord.
    As the council told her to get out, notice wouldn't have been necessary. There are always alternatives for single people in work - backpackers' , AirBnbs etc.

    And there are some very nice container homes - even designer ones. All the mod cons, insulated, double-glazed windows etc.
    My blog. From personal experience.
    http://statehousinginnz.wordpress.com/


 

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