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Rental case reversal good news for industry

The Dunedin District Court's decision to overturn a Tenancy Tribunal ruling has been lauded by rental industry leaders.

Monday, November 20th 2017, 12:00AM 1 Comment

by The Landlord

Andrew King.

Dunedin rental property owner Vic Inglis had been ordered by the tribunal to pay back his former tenant Natalie Parry over $10,000 in rent after she discovered some alterations in the rental weren't permitted.

This decision was overturned by Judge Kevin Phillips today, and Parry must pay back the amount she had earlier received from Inglis. 

Phillips stated that the tribunal was wrong when they found that what was essentially a technical breach, was "unlawful". He also stated that Parry had not suffered any detriment from this technical breach.  

Andrew King from NZ Property Investors Federation says that the outcome is good news for the rental industry, 

"While it overturns Vic Inglis Tenancy Tribunal decision, it actually goes quite a bit further.

"It states that the original High Court ruling is not binding on the Tenancy Tribunal, which should mean that adjudicators can make rulings in unlawful premise cases brought before them and can use all of the sections in the RTA when making their decisions."

"This means that they can consider the degree of unlawfulness, the degree of harm caused to tenants, and ensure that resolutions are fair."

King says that he has contacted the principle tenancy adjudicator about the ruling and is confident that they will see a directive from her to adjudicators clarifying how unlawful properties will be handled going forward.

 

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Comments from our readers

On 23 November 2017 at 3:01 pm michaeljakob said:
Good luck getting any money out of the departed tenant. I am willing to bet the person claims hardship and that the money is gone. Yes?

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AIA 4.55 3.19 3.19 3.49
AIA Special - 2.69 2.69 2.99
ANZ 4.44 3.15 3.25 ▼3.39
ANZ Special - ▼2.55 ▼2.69 ▼2.79
ASB Bank 4.45 3.19 3.19 3.49
ASB Bank Special - 2.69 2.69 2.99
Bluestone ▼3.49 ▼3.49 ▼3.49 ▼3.49
BNZ - Classic - ▼2.55 2.69 2.99
BNZ - Mortgage One 5.15 - - -
BNZ - Rapid Repay 4.60 - - -
BNZ - Std, FlyBuys 4.55 3.25 3.29 3.59
Lender Flt 1yr 2yr 3yr
BNZ - TotalMoney 4.55 - - -
China Construction Bank 4.49 4.70 4.80 4.95
China Construction Bank Special - 2.65 2.65 2.80
Credit Union Auckland 5.45 - - -
Credit Union Baywide 5.65 4.75 4.75 -
Credit Union South 5.65 4.75 4.75 -
First Credit Union Special 5.85 3.35 3.85 -
Heartland 3.95 2.89 2.97 3.39
Heartland Bank - Online - - - -
Heretaunga Building Society 4.99 4.35 4.45 -
HSBC Premier 4.49 2.60 2.65 2.80
Lender Flt 1yr 2yr 3yr
HSBC Premier LVR > 80% - - - -
HSBC Special - - - -
ICBC 3.99 2.58 2.68 2.79
Kainga Ora 4.43 3.29 3.39 3.85
Kiwibank 3.40 3.40 3.54 4.00
Kiwibank - Capped - - - -
Kiwibank - Offset - - - -
Kiwibank Special 3.40 2.65 2.79 3.25
Liberty 5.69 - - -
Nelson Building Society 4.95 3.45 3.49 -
Pepper Essential 4.79 - - -
Lender Flt 1yr 2yr 3yr
Resimac 3.49 3.45 3.39 3.69
SBS Bank 4.54 3.29 3.19 3.49
SBS Bank Special - 2.79 2.69 2.99
The Co-operative Bank - Owner Occ 4.40 ▼2.69 ▼2.75 ▼2.99
The Co-operative Bank - Standard 4.40 ▼3.19 ▼3.25 ▼3.49
TSB Bank 5.34 ▼3.35 3.49 3.79
TSB Special 4.54 ▼2.55 2.69 2.99
Wairarapa Building Society 4.99 3.75 3.99 -
Westpac 4.59 4.15 4.09 4.49
Westpac - Offset 4.59 - - -
Westpac Special - ▼2.55 2.69 2.79
Median 4.55 3.19 3.22 3.39

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