What was the outcome of Tenancy Tribunal case 4881701?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4881701?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4881701?

The dispute type was not classified.

Where can I read the official tribunal order for case 4881701?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10581321-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4881701?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4881701?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4881701?

The dispute type was not classified.

Where can I read the official tribunal order for case 4881701?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10581321-Tenancy_Tribunal_Order.pdf.

896B George Street, Dunedin 9016 Tenancy Tribunal Case 4881701 — Tenancy dispute

Order

The application is dismissed.

Reasons

All parties attended the video hearing.
This is a tenant application seeking to vary the tenancy agreement by removing one tenant from liability and reducing the weekly rent.
The tenants say that one of the bedrooms in the house is smaller than the legally allowable minimum size (“the small bedroom”), or not fit for purpose as an adult’s bedroom, and so the premises should not have been rented out as a 5-bedroom house. Background
On 9 October 2023, the five tenants signed a 12-month fixed term tenancy agreement for this house. The tenancy started on XX and is due to end on XX
They are second-year University students, and this is their first tenancy.
The tenants had not seen the house when they signed the tenancy agreement but did view it later, and saw the small bedroom, on the same day that they signed.
The tenant who was allocated this room says that it is too small to fit a double bed, set of drawers, and a desk. He says that he needs more than a single bed because of his height and because he is an adult.
He says he has never moved in but has paid one-fifth of the weekly rent to date. He wants to be released from the tenancy and for the rent to be reduced so that the remaining four tenants are not disadvantaged financially.
The landlord submits that the room is larger than the minimum required size, has been used as a bedroom in previous tenancies, and that there is no reason to vary the tenancy agreement. It is agreeable to releasing the tenant who is unhappy with the small room if he finds a replacement tenant.

What is the law?

A landlord has a legal duty to take all reasonable steps to ensure that, at the commencement of a tenancy, there is no legal impediment to the occupation of the premises for residential purposes; s36 RTA.
The size of bedrooms in houses is regulated by regulation 8 of the Housing Improvement Regulations 1947 (“the Regulations”).
Regulation 8 says: (1) Every bedroom shall have a minimum width of 1.8 m: provided that for the purpose of computing such width in a room with a sloping ceiling no regard shall be had to any part of the room the height of which from finished floor to finished ceiling is less than 1.5 m. (2) Every bedroom shall have an area of not less than 6 sq m: provided that in an existing house a room with an area of less than 6 sq m but not less than 4.5 sq m may be occupied as a bedroom by a person under 10 years of age. (3) In computing the area of a bedroom for the purposes of subclause (2) no regard shall be had to any portion of the bedroom the height of which from finished floor to finished ceiling is less than 1.5 m. (4) No bedroom shall contain any cooking appliance.

What are the issues?

The issue is whether the landlord is legally able to rent out these premises as a five-bedroomed house or whether one of the bedrooms is too small.
If this is legally a four-bedroomed house, should the Tribunal release one of the tenants and reduce the rent proportionately?

Is the landlord legally able to rent out the premises as a five-bedroomed house?

The landlord rented the premises to the tenants as a five bedroomed house.
The landlord and tenants agree that the small bedroom is a total of about 8.9m 2 . The shape of the room is not a simple square or rectangle. It is made up of one central area which is 2.46m x 2.37m (5.8m 2 ), and two smaller “wings”.
One of the wings gives access to an internal wardrobe and is 1.1m 2 and the other is an alcove with an external window at the end and measuring 1.29m wide on the window side and 1.62m long (2m 2 ). The wardrobe is not included within the bedroom measurements given.
The landlord has supplied a letter from an architect stating that the room is 9m 2 and maintains a height of over 1.5 metres in all of the above spaces. For this reason, the landlord says that the small bedroom is larger than the minimum required size of 6m 2 .
The tenants’ written submission is that the two wings should be excluded from the calculation of minimum size because those areas are less than 1.8m wide. The tenants say this reduces the usable space of the room to 5.8m2.
In the hearing, the point made for the tenants was that even if the wings are included in the measurement of the size of the room, the shape of the room leaves it not usable for an adult because it cannot fit a double-bed in it with floor-space to move around to the wardrobe and desk area and to freely open the door.
My decision is that the wings are included in the calculation of the size of the small bedroom.
The Regulations say that the minimum width of a bedroom must be 1.8m and the total area not less than 6m2. The only other guidance is that any part of the room that has a ceiling height of less than 1.5m is not to be counted within the dimensions.
I am satisfied that the intent of regulation 8 is met because the main part of the bedroom is a minimum of 1.8m wide and the total area of the room is more than 6m 2 . There is no evidence to suggest that any part of the room has a ceiling height of less than 1.5m.
I do not agree that the small bedroom is not usable for an adult. An adult can sleep in a single bed (usually 91cm x 191cm) or a king single bed (105cm x 202cm) without interfering with the opening or closing of the bedroom door.
There is no legal impediment to the small bedroom being used as a bedroom and therefore the tenants’ claim is dismissed.
The tenants are not successful so no suppression orders apply.

Order

The application is dismissed.

Reasons

All parties attended the video hearing.
This is a tenant application seeking to vary the tenancy agreement by removing one tenant from liability and reducing the weekly rent.
The tenants say that one of the bedrooms in the house is smaller than the legally allowable minimum size (“the small bedroom”), or not fit for purpose as an adult’s bedroom, and so the premises should not have been rented out as a 5-bedroom house. Background
On 9 October 2023, the five tenants signed a 12-month fixed term tenancy agreement for this house. The tenancy started on XX and is due to end on XX
They are second-year University students, and this is their first tenancy.
The tenants had not seen the house when they signed the tenancy agreement but did view it later, and saw the small bedroom, on the same day that they signed.
The tenant who was allocated this room says that it is too small to fit a double bed, set of drawers, and a desk. He says that he needs more than a single bed because of his height and because he is an adult.
He says he has never moved in but has paid one-fifth of the weekly rent to date. He wants to be released from the tenancy and for the rent to be reduced so that the remaining four tenants are not disadvantaged financially.
The landlord submits that the room is larger than the minimum required size, has been used as a bedroom in previous tenancies, and that there is no reason to vary the tenancy agreement. It is agreeable to releasing the tenant who is unhappy with the small room if he finds a replacement tenant.

What is the law?

A landlord has a legal duty to take all reasonable steps to ensure that, at the commencement of a tenancy, there is no legal impediment to the occupation of the premises for residential purposes; s36 RTA.
The size of bedrooms in houses is regulated by regulation 8 of the Housing Improvement Regulations 1947 (“the Regulations”).
Regulation 8 says: (1) Every bedroom shall have a minimum width of 1.8 m: provided that for the purpose of computing such width in a room with a sloping ceiling no regard shall be had to any part of the room the height of which from finished floor to finished ceiling is less than 1.5 m. (2) Every bedroom shall have an area of not less than 6 sq m: provided that in an existing house a room with an area of less than 6 sq m but not less than 4.5 sq m may be occupied as a bedroom by a person under 10 years of age. (3) In computing the area of a bedroom for the purposes of subclause (2) no regard shall be had to any portion of the bedroom the height of which from finished floor to finished ceiling is less than 1.5 m. (4) No bedroom shall contain any cooking appliance.

What are the issues?

The issue is whether the landlord is legally able to rent out these premises as a five-bedroomed house or whether one of the bedrooms is too small.
If this is legally a four-bedroomed house, should the Tribunal release one of the tenants and reduce the rent proportionately?

Is the landlord legally able to rent out the premises as a five-bedroomed house?

The landlord rented the premises to the tenants as a five bedroomed house.
The landlord and tenants agree that the small bedroom is a total of about 8.9m 2 . The shape of the room is not a simple square or rectangle. It is made up of one central area which is 2.46m x 2.37m (5.8m 2 ), and two smaller “wings”.
One of the wings gives access to an internal wardrobe and is 1.1m 2 and the other is an alcove with an external window at the end and measuring 1.29m wide on the window side and 1.62m long (2m 2 ). The wardrobe is not included within the bedroom measurements given.
The landlord has supplied a letter from an architect stating that the room is 9m 2 and maintains a height of over 1.5 metres in all of the above spaces. For this reason, the landlord says that the small bedroom is larger than the minimum required size of 6m 2 .
The tenants’ written submission is that the two wings should be excluded from the calculation of minimum size because those areas are less than 1.8m wide. The tenants say this reduces the usable space of the room to 5.8m2.
In the hearing, the point made for the tenants was that even if the wings are included in the measurement of the size of the room, the shape of the room leaves it not usable for an adult because it cannot fit a double-bed in it with floor-space to move around to the wardrobe and desk area and to freely open the door.
My decision is that the wings are included in the calculation of the size of the small bedroom.
The Regulations say that the minimum width of a bedroom must be 1.8m and the total area not less than 6m2. The only other guidance is that any part of the room that has a ceiling height of less than 1.5m is not to be counted within the dimensions.
I am satisfied that the intent of regulation 8 is met because the main part of the bedroom is a minimum of 1.8m wide and the total area of the room is more than 6m 2 . There is no evidence to suggest that any part of the room has a ceiling height of less than 1.5m.
I do not agree that the small bedroom is not usable for an adult. An adult can sleep in a single bed (usually 91cm x 191cm) or a king single bed (105cm x 202cm) without interfering with the opening or closing of the bedroom door.
There is no legal impediment to the small bedroom being used as a bedroom and therefore the tenants’ claim is dismissed.
The tenants are not successful so no suppression orders apply.

Tenancy Tribunal case 4881701 — Tenancy dispute at 896B George Street, Dunedin 9016

At a glance

Claims & awards

Tenancy Tribunal case 4881701 — Tenancy dispute at 896B George Street, Dunedin 9016

At a glance

Claims & awards

Order

Reasons

What is the law?

What are the issues?

Is the landlord legally able to rent out the premises as a five-bedroomed house?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

What is the law?

What are the issues?

Is the landlord legally able to rent out the premises as a five-bedroomed house?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions