Huge rent refund for Illegal ‘smoko shed’ conversion

The Swanson Road shed had been bought by the Jack Lane and Gilbert Lane Family Trusts about 1992-1993 and was used as an office or smoko room for the landlords’ business next door. It was also described as the social club used for staff shelter and recreation.

Neil Flavell began renting the one-bedroom property with a kitchen and bathroom in May 2012, paying $230 a week rent and a bond of $460, which was not lodged with the Bond Centre. 

At the hearing the landlords claimed it was never intended for the premises to be residential, but there was some evidence there had been an earlier tenant. The tribunal ordered the landlords to produce Auckland Council documentation establishing whether the premises were a lawful residential tenancy.

The landlords say they made inquiries with Auckland Council but were advised the records were no longer available due to a fire. No evidence was produced to establish any records were lost in a fire and the landlords did not provide any evidence to establish the premises were lawful residential premises.