Tenancy Tribunal: Landlord to pay tenant after receiving less than was advertised

A woman has received a rent rebate after the property she rented was less than was advertised. Photo / Stock Image 123rf

A renter got less than they bargained for after a property advertised as fully-furnished, three-bedrooms and with ample parking space was largely occupied by the landlord.

The tenant moved into the Remuera, Auckland property on June 18 this year for a fixed period of 10 weeks, for which she agreed to pay a weekly rent of $795.

The woman, whose details have been suppressed, had applied for the rental after spying the landlord's advertisement which described the premises as a fully furnished home offering three bedrooms and a study.

It further promised a driveway offering plenty of parking space for up to four vehicles.

But when the tenant moved in, it was "not what she expected", she told the Tenancy Tribunal when she recently applied for a rent rebate.

While the woman had agreed for the landlord to use one of the bedrooms as storage, the owner's personal items were not just stored in the locked room.

"Much of the landlord's belongings remain in the premises [[in addition to the one bedroom being used for storage] as well as food left in the fridge and the linen cupboard
was full," the decision stated.

The owners also left one car parked in the driveway meaning the premises no longer had parking for up to four vehicles.

The tenant complained to the property manager, Barfoot and Thompson Ltd Meadowbank, about paying the advertised price for a two-bedroom furnished premise with many personal items remaining and a car parked in the driveway.

On June 27, the property manager emailed the tenant advising that she would speak to the owners to request a rent decrease but did not make any promises that it would be dropped.

There was no further communication on the matter, the decision said.

Unhappy with the situation, the woman took the matter to the tribunal which has since found in her favour.

The decision said that while the tenant signed the Tenancy Agreement for a weekly rent of $795.00 she had received less than was advertised, particularly in relation to having one less bedroom and less parking space.

"She also has limited space available to use due to the owner's personal items remaining in several areas of the premises."

The tribunal found she was entitled to a refund which was calculated by comparing the market rates for two and three-bedroom houses in the area, and taking into account the house was fully furnished.

The weekly rent was reduced to $710 for the term of the tenancy and the landlord was ordered to pay the tenant the difference of $874.28.