Tenancy Expert

Ask Allan Galloway, Ministry of Business, Innovation and Employment questions relating to tenants and landlords

The Ministry of Business, Innovation & Employment provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.

Non-compliant rental

neil asks:

A recent Tenancy Tribunal decision awarded a full refund of all rent paid to a tenant where it was proven that the rented premises was non-compliant. Please can you point us to this case to read and review?

We began renting a house built in 1998 over 12 months ago on a two year fixed term which we have just discovered does not have a Code of Compliance Certificate. We also note the landlord has limited or no home building insurance and this concerns us. Can you please advise?

Can we have the contract terminated by the Tenancy Tribunal and claim back the rent? Is the landlord committing an unlawful act renting out the home?

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Power calculations

Kalisi asks:

The property manager advised me that there is one power bill which she will divide between me and the sleep out at the back based on meter readings.

I was ok with this until I started receiving my share of the power bill and I noticed discrepancies in the billing dates and calculations.

Now I don't have any confidence in the calculation system the property manager is using.

On what grounds can I get them to separate the power supply so that I can pay my own power?

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Using rental home for business

Todd asks:

My tenant has started a chiropractic business in the property he rents from me.

He never discussed this with me and I prefer that it would not be done, but I did not specifically prohibit such activity in our tenancy agreement.

Do I have a right to request that my property not be used this way? Would I be liable for damages if his patient were injured by his activity?

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