Appeal from Tenancy Tribunal — property lacking building consent — Riddler v Beesley TT 4032041 Masterton (20 October 2016) — Residential Tenancies Act 1986, s 137 — Building Act 2004. The appellant appealed a decision by the Tenancy Tribunal ordering it to repay all the rent paid by the respondent, specifically $10,297.02. The Tribunal found that during the tenancy between August 2016 and 2017 the premises, a converted garage, had flooded twice. The Tribunal findings also included that the premises were noted by the Council to be "not a habitable space" which, if it were tenanted, would be in contravention of the Building Act, s 123, and the premises were lacking a consent for additional work done to the property which was in breach of the Building Act. The Adjudicator relied on the previous Tribunal decision of Riddler v Beesley in determining that the landlord had directly entered into a transaction that contravened the Residential Tenancies Act. The Judge noted that the appellant may have redress through the Disputes Tribunal against the former owner of the property, but that this appeal was dismissed and money must still be repaid to the respondent. Judgment Date: 9 May 2018.