A Google street maps image showing the cabin West Auckland woman Tracy Constable is hoping she will be allowed to keep in the front yard of her rented Massey house. Photo / Google
Che Van Lawrence says he has applied to have the case reheard - that the first hearing and resulting decision were problematic.
Tracy Constable moved the cabin 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".
Two of her adult children had recently returned home to live with her and her three other children, making the house a tight squeeze.
Constable saw the cabin as much-needed additional space and a commonly used solution to Auckland's dire housing situation. She offered to pay an additional $50 weekly rent for it.
But her landlord Harcourts Cooper and Co Real Estate Limited, which was only told about the cabin two months after she shifted it onto the site, objected to it and won the dispute in the Tenancy Tribunal.
Constable was ordered to remove the cabin within 90 days.
Van Lawrence said that order would be difficult for Constable to comply with, mainly because the tribunal ruled the cabin was a building, not a vehicle and therefore it now required building consent.
The need for consent was also a matter for the council and did not automatically apply to anything found to be a building under the Building Act 2004.
There had been no evidence at the hearing that the cabin required building consent, Van Lawrence said.
He also questioned whether the tribunal was right to infer the addition of the cabin breached the tenancy agreement by altering use of outdoor areas.
He claimed the landlord company was overrepresented in the hearing with two property managers - one with 15 years experience - and two lawyers.
The company made no application for legal representation and should not have been exempt from doing so, Van Lawrence said.
Evidence submitted late by the company, which was allowed into the hearing was like a "litigation ambush" from a vastly more qualified and better-represented adversary, he said.
Disputes between tiny homeowners and landowners were also a risk.
Harcourts Cooper and Co Real Estate Limited were contacted but a spokeswoman said it would not be appropriate to comment on the application or the matter generally while it was still before the court.