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Otago Daily Times
27-04-2025
- General
- Otago Daily Times
Tribunal powerless in family dispute over 'untidy' cabin
The sister invited her brother to move a cabin on to her property, but the dwelling (not pictured here) became "untidy and unhygienic". (file) A sister's act of kindness towards her brother after their parents died has morphed into a family spat that even tenancy officials cannot resolve. In 2019, the man, who had previously lived with their parents, was invited to put a cabin on his sister's property. The sister jointly owns and shares the property with her daughter and son-in-law, and the invitation to her brother was extended until he could find other accommodation. But along with the cabin, the brother also took several unused vehicles, which he parked at the property, and he added a bathroom as an extension, which was not correctly plumbed. The trio became increasingly concerned about the untidy and unhygienic state of the cabin and the old cars. However, their attempts to tell the man to keep the cabin clean and remove the vehicles fell on deaf ears. In early 2024, the trio cleaned the cabin and told him that if he didn't keep it in that condition and remove the vehicles, they'd give him 90 days' notice to leave. They say the cabin returned to an untidy state and the cars were never moved. Fed up, they applied to the Tenancy Tribunal for an order to terminate the man's tenancy. But in a recently released decision on the matter, the tribunal found it did not have jurisdiction to make a ruling on the application. While it can generally rule on all residential tenancies, there are specific exclusions. That included premises on bare land, with or without facilities, on which the tenant has the right, under the tenancy agreement, to put a mobile home, caravan or other means of shelter. "The applicants agreed the respondent could occupy their land and gave him the right to bring a cabin on to the land in which he can live," the tribunal stated. "The respondent does not enter the applicants' dwellings but lives entirely in the cabin. The applicants confirmed they have not had any contact with the respondent for the last month." The decision went on to say that even if the applicants owned the cabin and allowed the man to live there, the Tenancy Act still would not apply because he is a family member. It said the law could only be applied if both parties had agreed to sign a tenancy agreement at the start of the arrangement. The tribunal suppressed the names and identifying details of all parties. - By Catherine Hutton Open Justice reporter

RNZ News
27-04-2025
- General
- RNZ News
Tenancy Tribunal powerless in family dispute over brother's ‘untidy' cabin on sister's property
By Catherine Hutton, Open Justice reporter of A cabin tipped on its side on Old Waipu Road (file image). Photo: RNZ / Finn Blackwell A sister's act of kindness towards her brother after their parents died has morphed into a family spat that even tenancy officials cannot resolve. In 2019, the man, who had previously lived with their parents, was invited to put a cabin on his sister's property. The sister jointly owns and shares the property with her daughter and son-in-law, and the invitation to her brother was extended until he could find other accommodation. But along with the cabin, the brother also took several unused vehicles, which he parked at the property, and he added a bathroom as an extension, which was not correctly plumbed. The trio became increasingly concerned about the untidy and unhygienic state of the cabin and the old cars. However, their attempts to tell the man to keep the cabin clean and remove the vehicles fell on deaf ears. In early 2024, the trio cleaned the cabin and told him that if he didn't keep it in that condition and remove the vehicles, they'd give him 90 days' notice to leave. They say the cabin returned to an untidy state and the cars were never moved. Fed up, they applied to the Tenancy Tribunal for an order to terminate the man's tenancy. But in a recently released decision on the matter, the tribunal found it did not have jurisdiction to make a ruling on the application. While it can generally rule on all residential tenancies, there are specific exclusions. That included premises on bare land, with or without facilities, on which the tenant has the right, under the tenancy agreement, to put a mobile home, caravan or other means of shelter. "The applicants agreed the respondent could occupy their land and gave him the right to bring a cabin on to the land in which he can live," the tribunal stated. "The respondent does not enter the applicants' dwellings but lives entirely in the cabin. The applicants confirmed they have not had any contact with the respondent for the last month." The decision went on to say that even if the applicants owned the cabin and allowed the man to live there, the Tenancy Act still would not apply because he is a family member. It said the law could only be applied if both parties had agreed to sign a tenancy agreement at the start of the arrangement. The tribunal suppressed the names and identifying details of all parties. -This story originally appeared in the New Zealand Herald .


NZ Herald
26-04-2025
- NZ Herald
Tenancy Tribunal powerless in family dispute over brother's ‘untidy' cabin on sister's property
The trio became increasingly concerned about the untidy and unhygienic state of the cabin and the old cars. However, their attempts to tell the man to keep the cabin clean and remove the vehicles fell on deaf ears. In early 2024, the trio cleaned the cabin and told him that if he didn't keep it in that condition and remove the vehicles, they'd give him 90 days' notice to leave. They say the cabin returned to an untidy state and the cars were never moved. Fed up, they applied to the Tenancy Tribunal for an order to terminate the man's tenancy. But in a recently released decision on the matter, the tribunal found it did not have jurisdiction to make a ruling on the application. While it can generally rule on all residential tenancies, there are specific exclusions. That included premises on bare land, with or without facilities, on which the tenant has the right, under the tenancy agreement, to put a mobile home, caravan or other means of shelter. 'The applicants agreed the respondent could occupy their land and gave him the right to bring a cabin on to the land in which he can live,' the tribunal stated. 'The respondent does not enter the applicants' dwellings but lives entirely in the cabin. The applicants confirmed they have not had any contact with the respondent for the last month.' The decision went on to say that even if the applicants owned the cabin and allowed the man to live there, the Tenancy Act still wouldn't apply because he is a family member. It said the law could only be applied if both parties had agreed to sign a tenancy agreement at the start of the arrangement. The tribunal suppressed the names and identifying details of all parties. Catherine Hutton is an Open Justice reporter, based in Wellington. She has worked as a journalist for 20 years, including at the Waikato Times and RNZ. Most recently she was working as a media adviser at the Ministry of Justice.


CBC
12-03-2025
- Business
- CBC
Students decry 'shameful' 25% rate increase at Halifax university residence
Social Sharing Post-secondary students living in the residence at the Atlantic School of Theology in Halifax were shocked by a letter from administration last week outlining a 25 per cent monthly rate increase for residence rooms starting in September. The residence provides housing for up to 103 students from Dalhousie University, NASCAD University, Saint Mary's University, Nova Scotia Community College and the University of King's College, as well as its own students. Since the news of the rental increase, students have been organizing in protest, putting up signs and flyers around the south-end campus emblazoned with slogans like, "Cut the Hike — No to 25." University of King's College physics student Nicholas Todd is one of the dorm residents protesting the increase. He says many students will struggle to pay the higher rates but can't afford to move elsewhere. "AST booting the rent up is actually going to create a significant trail of human misery behind it," Todd said in an interview Monday. According to the Atlantic School of Theology, the current residence rental rates range from $660 to $768 monthly for standard or large single rooms, with a shared kitchen and bathrooms. Todd said these inexpensive rates are what drew many students there. He is living in the cheapest room style, paying $660 per month. After the increase in September, that will rise to around $825. "It's very, very frustrating to see such a stark increase," Todd said. "Especially when our building manager in our email said that they are aware … there is the five per cent limit due to the Tenancy Act, but universities are exempt." University says rates remain lowest in city Atlantic School of Theology president Rev. Heather McCance said the increase is an attempt to bring the university's residence rates closer to the market rate in the city. She said even with the increase, the rooms will be going for 25 per cent less than dorms at other universities. But she said she understands the students' concerns. "I don't blame them for being upset," McCance said in an interview Tuesday. "I'd be upset. You'd be upset. Anybody would be upset with that kind of a jump. And we looked at the possibility of spreading it out, but frankly, there are costs we need to recoup." McCance said the federal government's international student cap has been hurting the school's bottom line. She said the residence used to have a long waitlist, but this year the dorm is not even full. In December 2022, the provincial government provided $3 million to the Atlantic School of Theology to upgrade the residence and add more beds to meet increased demand for student housing. McCance said "it was an expectation from the province" that when the renovations were complete, the university would raise the rent closer to market value. Not protected by province's temporary rent cap According to the Nova Scotia government, university and college dorm rentals do not fall under the province's Residential Tenancies Act because "they are board governed institutions that determine their rental costs." This means the temporary ban on rent increases over five per cent does not apply to students renting there. "We are disappointed with this sizeable rent increase at a time when cost of living increases are affecting many students," said Department of Advanced Education spokesperson Chloee Sampson. Sampson also said the department gave no direction to the Atlantic School of Theology to increase rents as part of the funding agreement. Char Russell, a NASCAD University student who lives in the Atlantic School of Theology dorms, said they were surprised to learn the province's rent cap doesn't apply to universities. "It's really shameful that this is happening," Russell said. "Especially because it feels like they're taking advantage of a loophole to exploit students." Both Russell and Todd said they don't feel the building is worth the new higher prices, saying it isn't in great condition and citing the presence of mould as an example. McCance denied this but admitted there is "occasionally some mildew" that is dealt with quickly. This week, a poster advertising an opportunity for students to meet with McCance and other university officials on March 20 was posted inside the building. McCance said she has only heard directly from one student contesting the increase, and she wants to open a dialogue. "I want to hear what they need more of to make this an attractive place for them to live," she said. "And we will do everything we can to make that happen within the constraints that we have on us." Russell said the best outcome would be for the university to reconsider the rate increase, "especially during a housing crisis."


Express Tribune
03-12-2024
- Express Tribune
Violators of tenancy laws apprehended
RAWALPINDI: The Rawalpindi district police on Tuesday carried out search operations in the jurisdiction of different police stations and arrested seven violators of the Tenancy Act. According to a police spokesperson, the search operations were conducted in order to maintain law and order and flush out suspects following the directions of City Police Officer. He said, senior police officers and police personnel including women police took part in the search operations. Police checked houses, shops, hotels, tenants and a large number of individuals during the search operations.