What was Tenancy Tribunal case 5133028 about?

The tribunal order states: The name and identifying details of the tenant are suppressed.

How much money was awarded in case 5133028?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5133028?

The primary dispute was Rent arrears. Related themes: Healthy homes.

Where can I read the official tribunal order for case 5133028?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11568168-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5133028 about?

The tribunal order states: The name and identifying details of the tenant are suppressed.

How much money was awarded in case 5133028?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5133028?

The primary dispute was Rent arrears. Related themes: Healthy homes.

Where can I read the official tribunal order for case 5133028?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11568168-Tribunal_Order_Redacted.pdf.

Room Sleep-out, 9 Spring Grove Street, Spreydon, Tenancy Tribunal Case 5133028 — Rent arrears

Tenantcheck Insights

Order

The name and identifying details of the tenant are suppressed.

The application is dismissed.

This matter is decided by the orders above, but the landlord is allowed until 10am on Friday 21 March 2025 within which to:- a. Provide evidence that the council has approved in writing the change of use of the sleepout (from a garage to a sleepout), and b. Provide proof of a service address for the tenant.

If the evidence in order a and b above is provided before the date specified, the landlord can email remote.tenancy@justice.govt.nz and request that the application be re-opened.

Reasons

The landlord has filed an application against the tenant for payment of rent owing of $4,200.00.

A first hearing was held by telephone and only the landlord attended.

The Tribunal was told that the tenant is currently in prison.

I made an order that the landlord must provide, by 7 March 2025:- a. A fully completed and signed Healthy Homes Standards statement; and b. Written notice from the territorial authority that the sleepout complies with the building code relating to escape from fire, protection of other property, sanitary facilities, structural performance, and fire-rating performance; and c. Evidence that the tenant (or someone on her behalf) asked the landlord to keep the sleepout room available for her until 20 January 2025.

The landlord has now provided a signed Healthy Homes Standards statement but has not provided evidence on the other two matters.

I have decided to dismiss the landlord’s application.

The reason I have made this decision is because the landlord told me at the first hearing that the sleepout rented to the tenant is a “converted garage” and she did not know if the council had been notified of the change of use to a sleepout.

The law says that if the use of a building is changed, the council must certify that the building complies with important fire safety, sanitary and structural requirements in the building code; section 115 Building Act 2004.

I have given the landlord the opportunity to provide evidence from the council that the sleepout does comply, but she has not done so.

This means that I have not been able to determine whether the sleepout can lawfully be used for residential living.

The Tribunal will not usually order a tenant to pay rent arrears or other compensation if the building they rent is unlawful; see section 78A(3) of the Residential Tenancies Act 1986 (RTA).

The landlord is allowed until 10am on Friday 21 March 2025 to request that the application be reopened if she can provide evidence that the council has approved the change of use of the sleepout (from a garage to a sleepout) and provides proof of a service address for the tenant.

I suppress the tenant’s name as the application is not proven.

Order

The name and identifying details of the tenant are suppressed.

The application is dismissed.

If the evidence in order a and b above is provided before the date specified, the landlord can email remote.tenancy@justice.govt.nz and request that the application be re-opened.

Reasons

The landlord has filed an application against the tenant for payment of rent owing of $4,200.00.

A first hearing was held by telephone and only the landlord attended.

The Tribunal was told that the tenant is currently in prison.

The landlord has now provided a signed Healthy Homes Standards statement but has not provided evidence on the other two matters.

I have decided to dismiss the landlord’s application.

I have given the landlord the opportunity to provide evidence from the council that the sleepout does comply, but she has not done so.

This means that I have not been able to determine whether the sleepout can lawfully be used for residential living.

The Tribunal will not usually order a tenant to pay rent arrears or other compensation if the building they rent is unlawful; see section 78A(3) of the Residential Tenancies Act 1986 (RTA).

I suppress the tenant’s name as the application is not proven.

Tenancy Tribunal case 5133028 — Rent arrears at Room Sleep-out, 9 Spring Grove Street, Spreydon,

At a glance

Tenancy Tribunal case 5133028 — Rent arrears at Room Sleep-out, 9 Spring Grove Street, Spreydon,

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions