11 October 2013

Successful prosecution of illegal garage conversions

A significant success against illegally established rental housing was recently achieved by Auckland Council, with the successful prosecution of a city landlord operating substandard dwellings.

Mr Madhav Karmarkar was prosecuted and fined $60, 000 for turning two properties in Takapuna and three in Mt Roskill into a total of twelve smaller units without receiving the consent to do so.

The full extent of the illegal conversions was discovered following a complaint from a tenant querying if it was legal to rent a garage as a flat. Two of the converted units were former garages, one with low cramped ceilings, and the other even retaining the external garage roller door within the property.

Heather Harris, Auckland Council Manager Resource Consents, says depending on district plan zoning requirements, splitting properties into multiple residential units can sometimes be accomplished legally, but the right consents need to be obtained first.

“Illegal conversions can place tenants at risk, often forcing people to live in substandard accommodation with common problems including overcrowding, unsanitary conditions and inadequate essential services”, says Ms Harris.

In sentencing Mr Karmarkar, Environment Judge J A Smith, took into consideration the deliberate nature of the offences in order to achieve financial gain. Enforcement orders were issued by the court requiring the illegal units to be disestablished and the dwellings returned to their legal state by end of February 2014.

The defendant was fined a total of $60,000 in his capacity as a landlord and as a director of two registered companies, Jayashree Ltd and Jayashree Corporation Ltd, listed as registered owners of the properties. Court costs and solicitor’s fees were also imposed for all the charges laid.

Ms Harris praised council officers for their effective investigation and application of the law and says that together with the court’s sentencing, Auckland Council is sending out a clear message to landlords that non-compliant activity will not be tolerated.

“We support appropriate development to help meet the housing needs of Auckland residents and have implemented processes to make it easier for people to engage with council’s resource consent department”, she says.

Anyone considering altering their property to a multiple occupancy dwelling should consult with council to receive the appropriate guidance and advice before making any changes. For more information about the resource consent process and the Resource Management Act visit www.aucklandcouncil.govt.nz

Ends

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