What was Tenancy Tribunal case 5201772 about?

The tribunal order states: The Tribunal orders suppression of the parties’ names but not the tenancy

How much money was awarded in case 5201772?

Consent Order Award: $1,600.00 awarded to landlord

What type of tenancy dispute was case 5201772?

The primary dispute was Rent arrears. Related themes: Leaks.

Where can I read the official tribunal order for case 5201772?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12095296-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5201772 about?

The tribunal order states: The Tribunal orders suppression of the parties’ names but not the tenancy

How much money was awarded in case 5201772?

Consent Order Award: $1,600.00 awarded to landlord

What type of tenancy dispute was case 5201772?

The primary dispute was Rent arrears. Related themes: Leaks.

Where can I read the official tribunal order for case 5201772?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12095296-Tribunal_Order_Redacted.pdf.

41 Sunnyside Road, Sunnyvale, Auckland 0612, Back Tenancy Tribunal Case 5201772 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5201772. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Consent order award	$1,600.00		Consent order award

The Tribunal orders suppression of the parties’ names but not the tenancy address.

By consent the Bond Centre is to pay the bond of $1,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

The Tribunal declares that the cabin rented by the tenant is unlawful residential premises for the purpose of being rented as a separate household unit from the main house.

The remainder of the claim is dismissed.

Reasons

Both parties attended the hearing which took place by teleconference.

The landlord has applied for termination and rent arrears of $6742.86.

On 23 May 2025 the parties agreed to ending the tenancy and today advised that the tenancy has ended.

This hearing was adjourned on 23 May 2025 for the landlord to file further evidence regarding whether the premises are lawful to be rented as a self- contained unit separate from the main house.

The Tribunal may declare premises to be unlawful residential premises. See section 77(2)(ac) Residential Tenancies Act 1986. Residential premises are unlawful if they cannot be lawfully occupied for residential purposes for the purpose for which occupation is granted, and the landlord has caused or contributed to the unlawful occupation by failing to comply with sections 36 or 45(1)(c) RTA. See section 78A(2) RTA.

Where the Tribunal declares the residential premises to be unlawful, it must not make an order for rent arrears or compensation against the tenant unless, having regard to the special circumstances of the case, it would be unjust not to make the order.

The landlord filed copies of correspondence with the council. In particular an email he sent to the council on 14 March 2022 where he asked whether a building consent was required for a temporary cabin and stated “The cabin will not have any plumbing or kitchen. The purpose of this is to keep an additional space and may be used as an outdoor space”. On the basis of this email he was advised that a building consent was not required.

However, the cabin was rented to the tenant as a separate dwelling from the main house.

The photographs of the cabin clearly show a kitchen sink and the landlord accepts that a small sink was installed. The evidence regarding the bathroom is unclear as the landlord claims the bathroom was part of the main house but it is clear that the tenant was provided with a separate bathroom for his use. In any event there is unconsented plumbing in the cabin due to the kitchen sink.

The landlord agreed that the premises do not have a consented change of use to allow for two household units pursuant to section 115 of the Building Act. He advised that he will make arrangements to address this matter.

Having considered the evidence I find on the balance of probabilities that the premises are unlawful residential premises for the purpose of being rented as a separate household unit from the main house.

Notwithstanding the matters in paragraphs 5-10 above the tenant advised that due to particular circumstances in this case he wished to contribute towards the rent arrears and for the bond to be refunded to the landlord. I find that the tenant’s wish that the bond be refunded to the landlord amounts to special circumstances and order the bond refund to the landlord by consent.

The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. Having considered the factors in this case the Tribunal finds that the interests of the parties outweighs the public interest in their identities being published and grants suppression of the party names. However, the address of the tenancy premises is not suppressed.

Order

Claims and awards in Tenancy Tribunal application 5201772. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Consent order award	$1,600.00		Consent order award

The Tribunal orders suppression of the parties’ names but not the tenancy address.

By consent the Bond Centre is to pay the bond of $1,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

The Tribunal declares that the cabin rented by the tenant is unlawful residential premises for the purpose of being rented as a separate household unit from the main house.

The remainder of the claim is dismissed.

Reasons

Both parties attended the hearing which took place by teleconference.

The landlord has applied for termination and rent arrears of $6742.86.

On 23 May 2025 the parties agreed to ending the tenancy and today advised that the tenancy has ended.

This hearing was adjourned on 23 May 2025 for the landlord to file further evidence regarding whether the premises are lawful to be rented as a self- contained unit separate from the main house.

However, the cabin was rented to the tenant as a separate dwelling from the main house.

Tenancy Tribunal case 5201772 — Rent arrears at 41 Sunnyside Road, Sunnyvale, Auckland 0612, Back

At a glance

Tenancy Tribunal case 5201772 — Rent arrears at 41 Sunnyside Road, Sunnyvale, Auckland 0612, Back

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