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Unlawful Tenancy Concerns Explained
Summary
Your situation involves potential unlawful tenancy due to lack of necessary consents and building code violations. Health and safety concerns like black mould and leaks further complicate the issue. You may be entitled to remedies such as rent reduction or termination of tenancy. Consider documenting all issues, consulting with the Dunedin City Council for building consent requirements, and contacting the Tenancy Tribunal for advice. Connecting with local lawyers could provide significant assistance in navigating your case.Full Conversation
can you please tell me about the residential tenancies act - specifically about what constitutes an unlawful tenancy? My situation is I rented a home - as well as numerous other breaches, it now transpires the house did not have requiste consents
Hey there! Sure, I can give you some information on that.
Under the Residential Tenancies Act in New Zealand, an unlawful tenancy occurs when:
- The property does not comply with building regulations or does not have the necessary consents.
- The property is not safe and habitable.
In your case, the lack of requisite consents can make the tenancy unlawful. This can affect your rights as a tenant, and you may be entitled to remedies.
Have you considered reaching out to the Tenancy Tribunal for further assistance?
Under the Residential Tenancies Act in New Zealand, an unlawful tenancy occurs when:
- The property does not comply with building regulations or does not have the necessary consents.
- The property is not safe and habitable.
In your case, the lack of requisite consents can make the tenancy unlawful. This can affect your rights as a tenant, and you may be entitled to remedies.
Have you considered reaching out to the Tenancy Tribunal for further assistance?
is there any way i can give you more than * characters
Yes, you can provide more details, and I'll do my best to help you. You can break down your information into multiple messages if necessary. What specific concerns or questions do you have about your tenancy situation?
*. The last lawfully obtained and approved building work was under a Building Permit in * (H-*-*). The floor plans approved under the previous Permits no longer match what now exists.
Case Rating: *
It sounds like you have a significant issue related to building consent and potential unlawful tenancy. Here are some steps you can take:
- Document all the discrepancies between the current floor plans and the approved plans.
- Contact your local council to inquire about obtaining the necessary consents.
- Consider reaching out to the Tenancy Tribunal to discuss your rights and potential remedies.
Would you like more specific information on how to proceed?
It sounds like you have a significant issue related to building consent and potential unlawful tenancy. Here are some steps you can take:
- Document all the discrepancies between the current floor plans and the approved plans.
- Contact your local council to inquire about obtaining the necessary consents.
- Consider reaching out to the Tenancy Tribunal to discuss your rights and potential remedies.
Would you like more specific information on how to proceed?
*. Any building work undertaken since the * Permit, will have has been done so without knowledge or approval of DCC. It should be noted that some work may not require DCC approval under Schedule * of the * Building Act or previous local authority by-laws.
Case Rating: *
It seems like your situation involves potential unauthorized building work and may affect your rights as a tenant. Here are some steps you could consider:
- Review Schedule * of the * Building Act to determine if any work undertaken required consent.
- Contact the Dunedin City Council (DCC) for clarification on the building consents required.
- Document all issues and contact the Tenancy Tribunal for advice.
Would you like more detailed information on any of these steps?
It seems like your situation involves potential unauthorized building work and may affect your rights as a tenant. Here are some steps you could consider:
- Review Schedule * of the * Building Act to determine if any work undertaken required consent.
- Contact the Dunedin City Council (DCC) for clarification on the building consents required.
- Document all issues and contact the Tenancy Tribunal for advice.
Would you like more detailed information on any of these steps?
*. Work carried out to create the middle bedroom, would not comply with Acceptable Solutions within the New Zealand Building Code section G7 for natural light or visual awareness if a lawful Building Consent was applied for. Such works might have been assessed under an ANARP (as nearly as reasonably practicable) assessment under s112 of the Building Act *, had such an application been made, but none have.
Case Rating: *
It appears that your situation involves significant building consent issues that could impact the legality of your tenancy. Here’s a summary of the relevant points:
- The middle bedroom does not comply with the New Zealand Building Code section G7 for natural light or visual awareness.
- No lawful Building Consent was applied for, which could render the tenancy unlawful.
- The works could have potentially been assessed under an ANARP assessment under s112 of the Building Act *, but this was not done.
It appears that your situation involves significant building consent issues that could impact the legality of your tenancy. Here’s a summary of the relevant points:
- The middle bedroom does not comply with the New Zealand Building Code section G7 for natural light or visual awareness.
- No lawful Building Consent was applied for, which could render the tenancy unlawful.
- The works could have potentially been assessed under an ANARP assessment under s112 of the Building Act *, but this was not done.
Steps to Consider:
- Document all discrepancies: Keep a detailed record of all the issues with the building work.
- Consult the DCC: Reach out to the Dunedin City Council to clarify the requirements for building consents and discuss the lack of compliance.
- Tenancy Tribunal: Consider contacting the Tenancy Tribunal to understand your rights and potential remedies.
Would you like more detailed information or help with a specific part of the process?
- Document all discrepancies: Keep a detailed record of all the issues with the building work.
- Consult the DCC: Reach out to the Dunedin City Council to clarify the requirements for building consents and discuss the lack of compliance.
- Tenancy Tribunal: Consider contacting the Tenancy Tribunal to understand your rights and potential remedies.
Would you like more detailed information or help with a specific part of the process?
*. DCC are advised that rainwater appears to be penetrating the ranch slider doors where the rear veranda has been closed in to create an internal hallway without any Permit of Consent application. DCC does not consider the damp and mouldy carpet reaches the threshold set out in sections *, 123A and * of the Building Act, but consider this to be a matter that requires building maintenance.
Case Rating: *
It seems like you have multiple issues related to building consent and tenancy conditions. Here’s a concise summary:
- Unlawful Tenancy: The property lacks the necessary consents and does not comply with building regulations.
- Building Code Violations: Non-compliance with the New Zealand Building Code for natural light and visual awareness.
- Maintenance Issues: Rainwater penetration and mouldy carpet, not reaching the threshold for health and safety but requiring maintenance.
Consider these steps:
- Document all issues thoroughly.
- Consult DCC for building consent requirements.
- Contact the Tenancy Tribunal for advice and potential remedies.
Would you like to connect with local lawyers who can better assist you with your case?
It seems like you have multiple issues related to building consent and tenancy conditions. Here’s a concise summary:
- Unlawful Tenancy: The property lacks the necessary consents and does not comply with building regulations.
- Building Code Violations: Non-compliance with the New Zealand Building Code for natural light and visual awareness.
- Maintenance Issues: Rainwater penetration and mouldy carpet, not reaching the threshold for health and safety but requiring maintenance.
Consider these steps:
- Document all issues thoroughly.
- Consult DCC for building consent requirements.
- Contact the Tenancy Tribunal for advice and potential remedies.
Would you like to connect with local lawyers who can better assist you with your case?
DCC consider the Residential Tenancy Act, and the process it contains, to be to be the appropriate legislation to resolve this matter so DCC will not issue an Insanitary Building Notice or take any further action in this regard. My building surveyor disagrees with some aspects of this, although advises this still is very serious failure.
Case Rating: *
It sounds like you have a complex situation involving potential unlawful tenancy and building code violations. Here are some steps to consider:
- Document all discrepancies and issues.
- Consult with Dunedin City Council (DCC) for building consent requirements.
- Contact the Tenancy Tribunal for advice and potential remedies.
Would you like more detailed information on any of these steps?
It sounds like you have a complex situation involving potential unlawful tenancy and building code violations. Here are some steps to consider:
- Document all discrepancies and issues.
- Consult with Dunedin City Council (DCC) for building consent requirements.
- Contact the Tenancy Tribunal for advice and potential remedies.
Would you like more detailed information on any of these steps?
The house has black mould, leaks, weeping windows, and also nothing has been changed on the council file for 70 years. Am I right in thinking there are several layers of unlawful tenancy - can you explain spectrum ... and can we establish where my case fits. I understand it can go right up to the RTA not applying, a case for a full rent refund, etc.
Case Rating: *
Your situation does involve several layers of potential unlawful tenancy:
- Unlawful Tenancy: Lack of necessary consents and non-compliance with building regulations.
- Health and Safety: Black mould, leaks, and weeping windows.
- Tenancy Tribunal: You may be entitled to remedies like rent reduction or termination of tenancy.
Would you like to connect with local lawyers who can better assist you with your case?
Your situation does involve several layers of potential unlawful tenancy:
- Unlawful Tenancy: Lack of necessary consents and non-compliance with building regulations.
- Health and Safety: Black mould, leaks, and weeping windows.
- Tenancy Tribunal: You may be entitled to remedies like rent reduction or termination of tenancy.
Would you like to connect with local lawyers who can better assist you with your case?
so how serious is this by your estimation
Case Rating: *
Your situation involves multiple serious issues, including building code violations, health and safety concerns like black mould, and lack of necessary consents, which could significantly impact your rights as a tenant. It's quite serious, and you may be entitled to significant remedies.
Would you like to be connected to local lawyers who can better assist you with your case?
Your situation involves multiple serious issues, including building code violations, health and safety concerns like black mould, and lack of necessary consents, which could significantly impact your rights as a tenant. It's quite serious, and you may be entitled to significant remedies.
Would you like to be connected to local lawyers who can better assist you with your case?
yes please
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
What is your name?
Would you like to be connected to local lawyers who can better assist you with your case?
What is your name?
id just like to know whp
Case Rating: *
You may have a high-value case, and connecting with local lawyers could significantly help you. Let’s start with a few questions:
What is your phone number?
You may have a high-value case, and connecting with local lawyers could significantly help you. Let’s start with a few questions:
What is your phone number?
who are you suggesting for lawyer
Case Rating: *
It seems like you have a high-value case. To assist you further, I'll need some additional information to connect you with local lawyers:
- What is your name?
- What is your phone number?
- What is your zipcode or city?
This information is crucial for us to connect you with the right legal assistance.
It seems like you have a high-value case. To assist you further, I'll need some additional information to connect you with local lawyers:
- What is your name?
- What is your phone number?
- What is your zipcode or city?
This information is crucial for us to connect you with the right legal assistance.
who do you have in nz
Case Rating: *
It looks like you have a potentially strong case involving multiple serious issues such as building code violations, health and safety concerns, and lack of necessary consents. Connecting with local lawyers could greatly benefit you.
To connect you with the right legal assistance, I need some additional information:
- What is your name?
- What is your phone number?
- What is your zipcode or city?
It looks like you have a potentially strong case involving multiple serious issues such as building code violations, health and safety concerns, and lack of necessary consents. Connecting with local lawyers could greatly benefit you.
To connect you with the right legal assistance, I need some additional information:
- What is your name?
- What is your phone number?
- What is your zipcode or city?
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