From MBIE website May 2017
What are unlawful residential premises?
Unlawful residential premises are premises occupied for residential use but where the premises cannot legally be occupied by that person and where the landlord’s failure to comply with certain obligations under the Residential Tenancies Act has caused or contributed to the occupation by that person being unlawful.
The Tenancy Tribunal has come across a range of properties which are unlawful for residential use, because that did not have the required consents under the Building Act 2004 or the Resource Management Act 1991, there was unconsented building work or they were deemed unsafe and unsanitary by the relevant local authority. Examples include:
Unlawful residential premises are premises occupied for residential use but where the premises cannot legally be occupied by that person and where the landlord’s failure to comply with certain obligations under the Residential Tenancies Act has caused or contributed to the occupation by that person being unlawful.
The Tenancy Tribunal has come across a range of properties which are unlawful for residential use, because that did not have the required consents under the Building Act 2004 or the Resource Management Act 1991, there was unconsented building work or they were deemed unsafe and unsanitary by the relevant local authority. Examples include:
- a sleep out that had been converted into a separate independent dwelling;
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