Evicted family wins damages

Tenants resort to sting operation to prove landlord’s actions unfair.

An Auckland couple have won financial damages against their landlord after the Tenancy Tribunal ruled their 90-day eviction notice was in part an unlawful “retaliatory” action.

Rhys Duncan and his partner went to great lengths to prove the sudden notice to end their seven-year Massey lease was manifestly unfair.

This included a sting operation in which their property manager, Nikki Dixon, was secretly recorded giving the professional couple a bad reference to a relative posing as a prospective landlord.

In the recording, Dixon said the couple had been a “constant struggle”.

The company wanted them gone so it could find new clients.

“I mean they are not terrible but . . . I probably would avoid them if possible. We can definitely find better tenants.”

The recording was used as evidence against property management company NZ Invest during a tribunal hearing in December 2016 after the couple challenged the decision to evict their family.

Landlords do not need to give reasons for 90-day eviction notices, which critics argue is unjust and open to abuse.

Auckland Tenants Protection Association co-ordinator Angela Maynard said the case highlighted the vulnerability of renters.

Tenants were often treated like second-class citizens, with 90-day notices “grossly weighted in favour of landlords”.

“When you’re under constant threat of upheaval it discriminates against a large chunk of the population.

“It’s grossly unfair and security of tenure.”

In the couple’s case, the tribunal ruled Dixon had unlawfully issued the eviction notice after the couple challenged claims they were behind in rent.

Duncan said that after he demanded evidence in a terse phone call with Dixon, the company arranged a property inspection then issued the eviction notice within days.

The tribunal ruled the notice was it stops in part retaliatory and unlawful under the Residential Tenancies Act.

Duncan had been entitled to seek clarification regarding his rent payments, the adjudicator said.

“I have no doubt that if Mr Duncan had not pursued an explanation of the tenant ledger with the zeal that he did, he would not have been served a 90-day notice by the landlord.”

The notice was ruled unenforceable, but it was largely “academic” because the couple moved out in late 2016.

The couple were awarded $950 in exemplary damages and $200 for the firm’s failure to keep business records.

Duncan told the Herald on Sunday the payout was “paltry” but the decision was a moral victory and “matter of pride”.

“I am 58 years old and have never come across a situation in my business career that compares, where you are made to feel second class.”

He said the worst part was not knowing why his family had been issued the eviction notice after a stable, long-term tenancy.

“It was virtually incontestable. It was expedient for them to get rid of us and get someone else in.”

Dixon declined to comment, referring questions to NZ Invest.

General manager Kylie Turgis said the company disagreed with the decision but would abide by the ruling.

More than 76,000 applications were made to the Tenancy Tribunal in the past two years, nearly 68,000 of them by landlords. This included 645 retaliatory notice applications by tenants.

The Government is reviewing tenancy laws, including the 90-day rule, with legislative changes expected next year.