Inglis v Parry [2017] NZDC 26365

Published 24 November 2017

Appeal from Tenancy Tribunal — whether property constituted residential premises — tenanted premises not consented or permitted at the time of tenancy — whether Certificate of Acceptance retrospectively made tenancy lawful — Residential Tenancies 1986, ss 2, 45 & 137 — Anderson v F M Custodians Limited [2013] NZHC 2423. The appellant landlord appealed a decision of the Tenancy Tribunal that found that the rental property did not constitute a "residential premises" as work carried out on the property was not authorised by a building consent. The landlord had obtained a Certificate of Acceptance in respect of the work done on the building. However the Tenancy Tribunal Adjudicator found that the certificate could not retrospectively make the tenancy lawful. The court found that the lack of building consent was a "technical breach" of the Residential Tenancies Act but that the breach had been retrospectively cured by the Certificate of Acceptance. The court allowed the appeal and the respondent was required to repay to the appellant the sum of $10,960.44 that had been awarded to her by the Tenancy Tribunal Judgment Date: 17 November 2017.