permanent resident in holiday park.
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| 1 | Can anyone tell me if normal rental laws apply for someone renting a cabin permanently in a Holiday Park. .? browny36 - 2020-12-12 13:37:00 |
| 2 | I would say not because you are supposed to leave the site for a while each year. That use to be the case. msigg - 2020-12-12 15:07:00 |
| 3 | This message was deleted. kiwilandchch - 2020-12-12 15:17:00 |
| 4 | Definitely not. You can be evicted immediately and police can and will help the owner to evict if needed. lovelurking - 2020-12-12 16:01:00 |
| 5 | Is it? masturbidder - 2020-12-12 16:35:00 |
| 6 | The business operator of the camp is the boss. It is commercial accommodation not residential... lovelurking - 2020-12-12 16:46:00 |
| 7 | masturbidder wrote: I'm with you MB - if they are renting it as a residence for more then 28 days, its a residential tenancy. sparkychap - 2020-12-12 17:00:00 |
| 8 | Well, I think you will find I am right. lovelurking - 2020-12-12 17:07:00 |
| 9 | I thought it would be treated as a residence. Friend is living in one. He said that his rent covers the first $160 power every month but he has to pay the balance. For one tiny portacom he is being charged $200 -$250 month...(that is over and above the $160). the amount presented on a note pad. I can't imagine how he could use that much power as he is away at work all day . He says he can't complain as he could be given 24 hours notice to leave. Doesn't seem right to me. Trying to help him get ahead , but this isn't helping . Edited by browny36 at 5:10 pm, Sat 12 Dec browny36 - 2020-12-12 17:09:00 |
| 10 | lovelurking wrote: Sure just because something like that happens doesn't mean it's right. ETA I think it may depend on how they are being advertised. THe exemption to the RTA is this: where the premises— But if someone is specifically advertising as a permanent residence, rather than as temporary accommodation, it will fall under the RTA. Edited by sparkychap at 5:15 pm, Sat 12 Dec sparkychap - 2020-12-12 17:09:00 |
| 11 | sparkychap wrote:
Ok, I won’t argue with you or anyone else about it but let’s just say I know quite a lot about ‘permanents’ and camping grounds... lovelurking - 2020-12-12 17:18:00 |
| 12 | lovelurking wrote: Sure, and I can't argue with your experience, but as I said, the TT can determine that the RTA applies: "The Tribunal has previously held that it is the use to which the premises are put, rather than the nature of the premises, that is the primary determinant of whether the tenancy is caught by the exclusion of commercial premises - see, for example, Stokes v Burns (TT Otahuhu TT 32/91, 24 April 1991)." I haven't read that case, but I'll read later. Have to clean the car now. sparkychap - 2020-12-12 17:22:00 |
| 13 | browny36 wrote: our 216sqm house with 3 people in it doesn’t even use that much power.....someone is having him on. Maybe he could ask why the power is so high. I feel for him, awkward situation to be in. Especially with the housing crisis that successive govts keep ignoring. lakeview3 - 2020-12-12 17:23:00 |
| 14 | sparkychap wrote: lovelurking - 2020-12-12 17:34:00 |
| 15 | lovelurking wrote: orphic1 - 2020-12-12 17:44:00 |
| 16 | orphic1 wrote: Sure, I'll give you the simple answer: "It depends". sparkychap - 2020-12-12 17:49:00 |
| 17 | lovelurking wrote: Terrible, terrible long words like "applies" and "unlawful". sparkychap - 2020-12-12 17:54:00 |
| 18 | To be fair, there is a second exclusion for camping sites that I missed But the intent and term of the tenancy is still relevent to whether the RTA applies or not. sparkychap - 2020-12-12 17:59:00 |
| 19 | So a further search of the TT find this one - note section 17: "My finding is consistent with other Tribunal decisions that long-term https://forms.justice.govt.nz/search/Documents/TTV2/PDF/5693 Edited by sparkychap at 6:07 pm, Sat 12 Dec sparkychap - 2020-12-12 18:07:00 |
| 20 | #18....Wow, does that mean I’m more right than you are or that you are more wrong than I am????? “Terms and Conditions” are interesting words too and the camp owner can have as many of them as they want to... lovelurking - 2020-12-12 18:08:00 |
| 21 | And as an aside... lovelurking - 2020-12-12 18:13:00 |
| 22 | lovelurking wrote: No it means that if the cabin is offered as long term (more than 50 days) then the RTA applies..... sparkychap - 2020-12-12 18:13:00 |
| 23 | What if the cabin doesn’t have an oven or the insulation needed for renting and is on skids so not consented? lovelurking - 2020-12-12 18:44:00 |
| 24 | lovelurking wrote: "residential premises means any premises used or intended for occupation by any person as a place of residence, whether or not the occupation or intended occupation for residential purposes is or would be unlawful" eg not being consented or not having insulation just makes it unlawful under the RTA not exempt from it. Edited by sparkychap at 6:53 pm, Sat 12 Dec sparkychap - 2020-12-12 18:49:00 |
| 25 | lakeview3 wrote:
I've never had those power arrangements at a holiday park. I've always rented a unit. Maybe the person is quoted on kW usage however the prices are set by the holiday park which is more than what the power company is charging? Maybe also the rates are commercial power rates? rayonline_tm - 2020-12-12 18:57:00 |
| 26 | sparkychap wrote: orphic1 - 2020-12-12 19:06:00 |
| 27 | orphic1 wrote: I don't associate with people on the dole, no. sparkychap - 2020-12-12 19:09:00 |
| 28 | This message was deleted. kiwilandchch - 2020-12-18 19:33:00 |
| 29 | Reading the ODT regions section page 9 today I see that it is STILL illegal to have long term tenants in camping grounds... lovelurking - 2021-03-09 08:43:00 |
| 30 | mmmm .... what does the phrase 'under a tenancy agreement' mean with respect to campgrounds? I guess one would only have to be absent for 1 night in a certain period and not pay for that night for the time period to be reset to 0 anyhow. The fact the personal items had not been cleared would be fairly irrelevant. brouser3 - 2021-03-09 14:47:00 |
| 31 | No idea about the residential tenancy part but we have a caravan at a caravan park and once we have used our allocated 30 nights a year, we then have to pay for each night we stay ($15 per person) and a $5 per night power fee. Maybe it stems from something like that and has never been questioned so has stayed as it is? Just a thought. Pretty sure in our agreement there is a limit of how many nights per year you can stay, ie you can't stay 365 days a year, even if you do pay over and above your 30 nights included in your annual fee. holidaytrader - 2021-03-09 16:24:00 |
| 32 | A key issue is whether the resource consent for the camp or the district plan allows permanent residence there. Most don't. tony9 - 2021-03-09 16:48:00 |
| 33 | My be exempt from the RT Act if premises are shared with the owner or the owner's family. Doesn't help with rules around camping ground stays, but some pressure on the government / councils to relax the rules might be a plan until supply and demand are a better match. This is apparently a housing emergency after all, and camping ground owners presumably have remedies if occupiers are antisocial. In Australia there are some companies who set up permanent communities for the retired with shared facilities and leased plots of land residents can move their own home onto. Nice locations but not high priced, aimed at retired folk with modest assets. artemis - 2021-03-09 17:08:00 |
| 34 | brouser3 wrote:
Yes. That’s the way it was back in the seventies and it is still the same as far as I know. lovelurking - 2021-03-09 17:35:00 |
| 35 | lovelurking wrote: What's the context for this LL? I'm trying to find it online but not sure what I'm looking for... Cheers sparkychap - 2021-03-09 17:57:00 |
| 36 | browny36 wrote: ash4561 - 2021-03-09 18:57:00 |
| 37 | there are a couple in the kaiapoi/rangiora area arent there? I know people living in holiday parks 365 days of the year with no problem wine-o-clock - 2021-03-09 19:58:00 |
| 38 | wine-o-clock wrote: ash4561 - 2021-03-09 20:39:00 |
| 39 | sparkychap wrote:
It’s in the story by Guy Williams “MP calls for timetable on border reopening” “ He promised to look into ‘rules and regulations’ that were preventing holiday park owner Erna Spijkerbosch from adapting her business. lovelurking - 2021-03-10 09:07:00 |
| 40 | I can not see any way that a portacom could possibly use that much power per month. Evidence need to be provided. Our 200 Sq/m house with 4 people uses only a fraction of that per month. tygertung - 2021-03-10 15:52:00 |
| 41 | lovelurking wrote: Would be useful for the article to actual expand on what these "rules and regulations" are. There's no issue with a holiday park providing long term accommodation as long as the accommodation meets the standards required of any other rental property. sparkychap - 2021-03-10 17:18:00 |
| 42 | wine-o-clock wrote: orphic1 - 2021-03-10 18:37:00 |
