Advocate challenges Tenancy Tribunal's 'almost impossible' order to shift cabin

An advocate for a West Auckland woman who was ordered by the Tenancy Tribunal to remove a cabin from the front yard of her rented home has stated that the task is nearly impossible to comply with and lacks legal justification. Che Van Lawrence, the advocate, has applied to have the case reheard, arguing that the initial hearing and resulting decision were problematic. The tenant, Tracy Constable, had moved the cabin, which she inherited from an uncle, onto the front lawn of her rented three-bedroom Massey house as a novel solution to Auckland's housing crisis.

Constable's situation with her landlord, Harcourts Cooper and Co Real Estate Limited, is being described as a David and Goliath battle. The landlord company only learned of the cabin two months after it had been moved onto the property and objected to it, ultimately winning the dispute in the Tenancy Tribunal. As a result, Constable was ordered to remove the cabin within 90 days.

However, the ruling that the cabin was a building, not a vehicle, now requires that building consent be obtained before it can be moved or demolished. This poses significant challenges for Constable, as there is no guarantee that consent will be granted and no indication as to when it might be granted. The only alternative is to return the cabin to its former site, but the new owners of that property are opposed to having it back.

Van Lawrence's application for a rehearing is based on four grounds: an error of law in the decision or that it lacked legal justification; the hearing did not follow proper procedure; evidence was allowed to be improperly submitted; and moving the cabin would be manifestly unjust. In particular, he argues that not all buildings require consent and that the need for consent is a matter for the council, not automatically applied under the Building Act 2004. He also questions whether the Tribunal was correct in inferring that the addition of the cabin breached the tenancy agreement by altering the use of outdoor areas.

The issue highlights the challenges faced by those seeking to utilize tiny homes as a solution to the housing crisis and the lack of clear guidelines and regulations in New Zealand. The director of tinyhousehub.co.nz, Sharla May, notes that interest in tiny house living has risen significantly in recent years, but that there are numerous grey areas and pitfalls for the uninitiated. Harcourts Cooper and Co Real Estate Limited declined to comment on the matter, as it is still before the court.

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