How much money was awarded in case 5218332?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5218332?

The primary dispute was Rent arrears. Related themes: Boarding House.

Where can I read the official tribunal order for case 5218332?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11794348-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5218332?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5218332?

The primary dispute was Rent arrears. Related themes: Boarding House.

Where can I read the official tribunal order for case 5218332?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11794348-Tribunal_Order_Redacted.pdf.

9 Beechwood Close, Paraparaumu Beach, Paraparaumu Tenancy Tribunal Case 5218332 — Rent arrears

Q: What was Tenancy Tribunal case 5218332 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name.

The Bond Centre is to pay the bond of $960.00 ([Bond number suppressed]) to the tenant] immediately.

The premises is an unlawful residential premises.

The landlord’s claim for rent arrears and compensation is dismissed.

The tenancy will terminate at 7pm on Saturday, 16 May 2025.

The tenant’s claim for compensation is dismissed however she may occupy the premises until 16 May 2025 with no further payments for rent.

Reasons

Both parties attended the hearing.

Is the premises that the tenant occupies an unlawful residential premises?

The Tribunal may declare premises to be unlawful residential premises. See section 77(2)(ac) Residential Tenancies Act 1986 (RTA). Residential premises are unlawful if they cannot be lawfully occupied for residential purposes, 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.

The premises occupied by the tenant is part of a house. There is another tenant living in the garage of the house. The garage has been modified. The house, including the parts occupied by tenants, when built, would have been approved by Council for occupation by one household unit. A household unit is defined in section of 7 of the Building Act as a building: “or part of a building that is used or intended to be used only or mainly for residential purposes; and is occupied, or intended to be occupied, exclusively as the home or residence of not more than 1 household”

At some time after that approval the owner of the property decided to change the use of the premises from one household unit to three household units.

Sections 114 and 115 deal with the “change of use” of consented buildings. Section 114 of the Building Act requires the owner to give notice of a change of use of the building, and makes failure to do so an offence.

Section 115 of the Building Act provides that an owner of a building must not change the use of the building – (a)in a case where the change involves the incorporation in the building of 1 or more household units where household units did not exist before, unless the territorial authority gives the owner written notice that the territorial authority is satisfied, on reasonable grounds, that the building, in its new use, will comply, as nearly as is reasonably practicable, with the building code in all respects; and (b)in any other case, unless the territorial authority gives the owner written notice that the territorial authority is satisfied, on reasonable grounds, that the building, in its new use,— (i)will comply, as nearly as is reasonably practicable, with every provision of the building code that relates to the following: (A)means of escape from fire, protection of other property, sanitary facilities, structural performance, and fire-rating performance: (B)access and facilities for persons with disabilities (if this is a requirement under section 118); and (ii)will,— (A)if it complied with the other provisions of the building code immediately before the change of use, continue to comply with those provisions; or (B)if it did not comply with the other provisions of the building code immediately before the change of use, continue to comply at least to the same extent as it did then comply.

To determine whether there has been a change in the use of a building, consideration must be given to the Buildings (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005 (“the regulations”).

Change the use is defined in the regulations as: ...to change the use (determined in accordance with regulation 6) of all or a part of the building from one use (the old use) to another (the new use) and with the result that the requirements for compliance with the building code in relation to the new use are additional to, or more onerous than, the requirements for compliance with the building code in relation to the old use.

Regulation 6 states that every building or part of a building has a use as specified in the table in schedule 2 of the regulations. The following uses in schedule 2 of the regulations are relevant for residential purposes: SA (Sleeping Accommodation) spaces providing transient accommodation, or where limited assistance or care is provided for people motels, hotels, hostels, boarding houses, clubs (residential), boarding schools, dormitories, halls, wharenui SR (sleeping Residential) attached and multi-unit residentialdwellings, including household units attached to spaces or dwellings with the same or other uses, such as caretakers' flats, and residential accommodation above a shop multi-unit dwellings, flats, or apartments SH (Sleeping Single Home) detached dwellings where people live as a single household or family including attached self- contained spaces such as granny flats when occupied by a member of the same family, and garages (whether detached or part of the same building) if primarily for storage of the occupants’ vehicles, tools and garden implements Dwellings or houses separated from each other by distance

When originally consented the dwelling at 9 Beechwood Close would have been consented as an “SH – sleeping single home” use containing a single household unit. The division of the building into three household units by the owner would make it an “SR – sleeping residential” use, namely 3 attached separate household units being occupied by three separate households.

The division of the home into three household units is a change to the use of the building to which section 115 of the Building Act applies and the owner was required to obtain written notice from the Counsel that the building, in its new use, will comply with the Building Code.

There is no evidence of such written notice, nor is there evidence that the conversion of the premises into three flats was consented by the Council or compliant with the Building Code. If the applicant has evidence that shows change of use was consented by the Council, she may apply for a rehearing of the case.

What is the effect of this finding?

The landlord has applied for rent arrears and termination of the tenancy. However section 78A RTA provides that 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. There are no special circumstances that apply in this case and therefore, the landlord’s application for rent arrears is dismissed.

If the landlord has applied for termination for rent arrears, and the Tribunal declares the residential tenancy to be unlawful, the Tribunal may order termination, but it is not required to do so. See section 78A(3)(b) RTA. It is prudent to terminate the tenancy in view of possible risks relating to the division of the property without appropriate fire walls. The tenant has agreed that her occupation of the premises will end by 7pm on 16 May 2025. The tenant’s application

The tenant has applied for compensation for stress relating to the actions of the landlord. I am satisfied that the tenant is benefitting from receiving accommodation at no cost due to non payment of rent and rent for the remaining two weeks and that this would be more than compensation that would be ordered for stress under normal circumstances. Name Suppression

Both parties have applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord has not substantially succeeded with the claim, name suppression is not granted for the landlord.

The tenant has substantially succeeded with the claim and therefore name suppression is granted for the tenant.

I have not granted suppression of the address of the tenancy. It is in the public interest that the location of unlawful residential premises is known.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name.

The Bond Centre is to pay the bond of $960.00 ([Bond number suppressed]) to the tenant] immediately.

The premises is an unlawful residential premises.

The landlord’s claim for rent arrears and compensation is dismissed.

The tenancy will terminate at 7pm on Saturday, 16 May 2025.

The tenant’s claim for compensation is dismissed however she may occupy the premises until 16 May 2025 with no further payments for rent.

Reasons

Both parties attended the hearing.

Is the premises that the tenant occupies an unlawful residential premises?

At some time after that approval the owner of the property decided to change the use of the premises from one household unit to three household units.

What is the effect of this finding?

The landlord has not substantially succeeded with the claim, name suppression is not granted for the landlord.

The tenant has substantially succeeded with the claim and therefore name suppression is granted for the tenant.

I have not granted suppression of the address of the tenancy. It is in the public interest that the location of unlawful residential premises is known.

Tenancy Tribunal case 5218332 — Rent arrears at 9 Beechwood Close, Paraparaumu Beach, Paraparaumu

At a glance

Tenancy Tribunal case 5218332 — Rent arrears at 9 Beechwood Close, Paraparaumu Beach, Paraparaumu

At a glance

Claims & awards

Order

Reasons

Is the premises that the tenant occupies an unlawful residential premises?

What is the effect of this finding?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Is the premises that the tenant occupies an unlawful residential premises?

What is the effect of this finding?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions