This case came about when a Tenancy Tribunal Adjudicator interpreted an earlier High Court ruling about renting out an unlawful premises. The Adjudicator awarded the tenant a full refund of all rent as it was later shown that the property was not exactly as per plans lodged at council. No detriment was claimed.

A District Court has now over-ruled that decision saying that there were degrees of unlawfulness that the TT should consider and since no detriment occurred it is not considered unlawful in this application.

Let’s not criticise the Tenancy Tribunal Adjudicator though – remember they are not judges and this process of a higher authority (in this case District Court) correcting legal interpretations is normal and good.

Great call though! You can read more here…

https://www.landlords.co.nz/article/6325/rental-case-reversal-good-news-for-industry