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  1. #1

    Default Safe and Sanitary report

    Hi all,

    I have reason to suspect the house I am a tenant in may not be sanitary under the building act 2004 due to the number of draughts, amount of mould and dampness in the house. Can I, as a tenant, have a safe and sanitary report conducted by a licensed company without the owners permission? If the house is deemed unsanitary, what would I need to do from there?

    Cheers

  2. #2
    Join Date
    Mar 2013
    Location
    Auckland
    Posts
    1,666

    Default

    I don't think you understand what a 'Safe and sanitary' report is. It is designed to let a council know that unconsented works are up to building code, so they don't need to take action on them.

    As for your house, houses only need to be up to the code that was in place when they were built, not the current code.

    Have you made sure that you are doing what you need to do as a tenant, to minimise dampness and subsequent mould? Have you identified the source of the dampness?
    https://www.energywise.govt.nz/at-home/dampness/
    My blog. From personal experience.
    http://statehousinginnz.wordpress.com/

  3. #3

    Default

    This guys a troll ... angry at their landlord because they didn't understand the contract they were getting in to and now looking for ways to make things difficult. People like them clog up tenancy tribunal with vexatious claims and run to the newspapers.


    see his other thread and walk away.

    Good luck chasing your landlord...I'd suggest investing your time in something more productive.

  4. #4

    Default

    I'm not a troll. Our Property Management Company has already wronged us. Has not provided an insulation statement, charged us key money to change the tenancy and has outlined in the tenancy agreement that we must have the carpets professionally cleaned, and we must pay $130 for the final inspection of the house. This is key money and can't be asked for. We know the PM we are dealing with is dodgy and want to cover all our bases before the hearing. It was also my understanding that they haven't gone through the correct process to change the tenancy as none of the original tenants were remaining on the contract.

  5. #5

    Default

    Sidinz
    you say
    I don't think you understand what a 'Safe and sanitary' report is. It is designed to let a council know that unconsented works are up to building code, so they don't need to take action on them.

    As for your house, houses only need to be up to the code that was in place when they were built, not the current code.
    this is not quite right.
    The reason that a S and S in used for unconsented work is that this reflects that unless the building is dangerous or insanitary the council have no power to act.

    Regards the second part there is no obligation for owners to maintain compliance and only that the building doesnt become dangerous or insanitary. (the excdeption that proves the rule is Compliance Schedules in commercial premises but this relates to specific code clauses that are stated on BWoF.

    So a S and S report could be used to make a public disclosure statement at any time (but why would you?)

    the recent changes to RTA place different obligations on LL which is more than Building Act requires

    Regards the post the house would have to be seriously poor condition to be insanitary and draughts dont count, mould is arguable and dampness more than a high moisture reading. but I agree with DbtH my comments are for benefit of the LL in this case.
    Last edited by John the builder; 18-07-2019 at 12:47 PM.

  6. #6
    Join Date
    Jan 2010
    Location
    Hibiscus Coast
    Posts
    1,799

    Default

    John the Builder do you know if there is a requirement for a property to be insulated if it is a 1890's 2 storied villa with a very long commercial lease? Tenant is responsible for all repairs and maintenance and has 'flatmates' or 'boarders' to help with the rent. Property is in inner Auckland. If it does require underfloor insulation would that be the responsibility of the tenant or the landlord?

  7. #7

    Default

    if it is covered by RTA? then that act requires insulation statement but it may be impractical. You could set up a tenancy outside the RTA?

  8. #8
    Join Date
    Mar 2013
    Location
    Auckland
    Posts
    1,666

    Default

    Quote Originally Posted by rb10347 View Post
    I'm not a troll. Our Property Management Company has already wronged us. Has not provided an insulation statement, charged us key money to change the tenancy and has outlined in the tenancy agreement that we must have the carpets professionally cleaned, and we must pay $130 for the final inspection of the house. This is key money and can't be asked for. We know the PM we are dealing with is dodgy and want to cover all our bases before the hearing. It was also my understanding that they haven't gone through the correct process to change the tenancy as none of the original tenants were remaining on the contract.
    You may not be a troll. but you are trying to bulldoze ahead on imagined rights. As per your other post, you don't have a new tenancy. Therefore, if it was begun before July 2016, an insulation statement is not required.
    You were not charged 'key money' and it appears that you, once again, don't understand the terminology you are throwing around. You have been charged the fees for making changes to an existing TA, which is completely legal.
    From what you have described, you aren't responsible for paying for the final inspection.
    Landlords can't presuppose that carpets will need professional cleaning at the end of the tenancy unless pets are allowed and having this requirement in a Tenancy Agreement where there are no pets isn't legal. However, if the carpets are indeed dirty, you can be charged for cleaning them.
    My blog. From personal experience.
    http://statehousinginnz.wordpress.com/


 

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