Property Management

Illegal car park storage could mean end of tenancy

Two tenants who used their allocated parking space for storage have been told to remove their goods or they will be turfed out of their Manukau home.

Friday, June 09th 2023

Kun Kourn and Dollar Williams have also been told by the Tenancy Tribunal that belongings stored in the car park and owned by the owner of their home must be returned. 

Kourn and Williams ignored a 14-day notice from the landlord and two tribunal hearings demanding they use their car park only for parking vehicles and not for storing personal belongings.

The tribunal first told them to remove their belongings by 19 March or the landlord could dispose of their items. Kourn and Williams failed to do so, even though the tribunal says Best in Bays could do it and  charge them up to $750. 

At a second hearing, where Best In Bays applied for termination of the tenancy, Kourn and Williams were given until 4 May to clear the car park.

Best In Bays says it received letters from the body corporate manager on 1 November and 17 April, saying the tenants are in breach of the body corporate rules.

The body corporate manager indicated the landlord could be fined for breaching its rules, which form part of the tenancy agreement.

The landlord told the tribunal some of the belongings in the car park, for example, a sofa and the TV, belong to the tenants, while other items, such as plastic chairs and a table, belonged to the property’s owner and had been taken out of the unit.

Best in Bays says it is impossible to enforce the tribunal’s order and clear the car parking space simply by disposing of the tenants’ items.

It made a tribunal application to terminate the tenancy. 

Adjudicator M Edison says the tribunal would not usually terminate a tenancy for a breach of this nature, particularly where the landlord could remove the belongings from the car park.

“Here, however, there is the practical difficulty that disposal of the tenants’ belongings would still leave items stored in the carpark that are supposed to be stored in the unit.

“Further, the tenants are in continuing breach of their tenancy agreement. They are causing inconvenience to other occupants of the building by using their car park for storage and the parking space belonging to their neighbour for parking,” says Edison. 

“The unit owner is exposed to possible legal action by the body corporate for breach of the body corporate rules.

“The tenants have ignored a mandatory tribunal order  to remedy the situation.

If the tenants do not comply with this further order, which again directs them to remove their belongings from the car park and return the landlord’s property to the unit, Edison says it would be inequitable to refuse to terminate the tenancy and has granted a conditional termination order.

The order will lapse if it is fully complied with. If the tenant breaches the order, possession of their home is enforceable for 90 days from the first breach.

Comments

No comments yet

SBS FirstHome Combo 6.14
Unity First Home Buyer special 6.55
Co-operative Bank - First Home Special 6.59
Heartland Bank - Online 6.69
Co-operative Bank - Owner Occ 6.79
BNZ - Classic 6.85
ANZ Special 6.85
ASB Bank 6.85
Kiwibank Special 6.85
TSB Special 6.85
Westpac Special 6.89
Heartland Bank - Online 6.35
Unity First Home Buyer special 6.45
Co-operative Bank - Owner Occ 6.49
SBS Bank Special 6.49
ANZ Special 6.49
TSB Special 6.49
Kiwibank Special 6.49
ASB Bank 6.49
BNZ - Classic 6.49
ICBC 6.69
Westpac Special 6.75
ASB Bank 5.99
SBS Bank Special 6.19
Co-operative Bank - Owner Occ 6.35
AIA - Go Home Loans 6.39
TSB Special 6.39
Kiwibank Special 6.39
BNZ - Classic 6.39
ICBC 6.39
Westpac Special 6.39
China Construction Bank 6.40
SBS Bank 6.79
SBS FirstHome Combo 6.19
AIA - Back My Build 6.19
ANZ Blueprint to Build 7.39
Credit Union Auckland 7.70
ICBC 7.85
Heartland Bank - Online 7.99
Pepper Money Essential 8.29
Co-operative Bank - Standard 8.40
Co-operative Bank - Owner Occ 8.40
First Credit Union Standard 8.50
Kiwibank 8.50

More Stories

Massive liberalisation of planning rules to end housing woes

Thursday, July 04th 2024

Massive liberalisation of planning rules to end housing woes

Housing minister Chris Bishop has revealed plans to “flood the market” with enough land to end the country’s housing crisis.

Predictions cut for rising house prices

Thursday, June 27th 2024

Predictions cut for rising house prices

Two of the country’s major banks have slashed their house price growth forecasts for the rest of the year.

Alternative to first home grant

Sunday, June 23rd 2024

Alternative to first home grant

Auckland-based entrepreneur Derek Handley has set up a privately funded financial services group offering an alternative first home loan scheme.

Growing number of property investment dollars moving across the ditch

Thursday, June 20th 2024

Growing number of property investment dollars moving across the ditch

More needs to be done to offset the loss of millions of dollars in property and business investments to Australia caused by a growing exodus of wealthy Kiwis, says an industry expert.