Tenants from hell
Landlords facing threatening behaviour, thousands owed in rent and damage
Going on to a property with amachete, assault, indecent exposure, terrifying behaviour, racking up thousands of dollars in rent arrears and damage. These are just some of the complaints landlords have laid against tenants in the Bay of Plenty.
Those grievances have been heard before the Tenancy Tribunal and data shows landlords in Tauranga lodged 575 applications in 2019 compared with 323 in 2020 to the end of August.
In Rotorua over the same timeframes landlords lodged 532 and 280 respectively.
Tenancy Services told NZME in a written statement there was no requirement for it to be informed when a tenancy agreement was terminated.
In February, the 90-day notice rule comes into force, which means a landlord cannot ask a tenant to leave without reason.
The new reform was met with backlash as landlords complained that it would make it almost “impossible” to remove bad tenants.
The tribunal granted Accessible Properties a 24-hour termination notice to evict a tenant from one of its houses in Tauranga this year.
The order showed there had been
numerous breaches of the tenancy agreement since 2017, including antisocial behaviour, unauthorised pets, failing to keep the premises reasonably clean and tidy and numerous police call-outs, mainly for domestic incidents. These escalated to threat
ening behaviour, threats to kill and indecent exposure.
The tenant was then found on a neighbouring property with a machete, the order said. Finally, the tenant’s son jumped the fence into another neighbour’s property,
accusing the occupant of being a “snitch”. A person who intervened was assaulted by the son and suffered broken ribs and a punctured lung.
The tribunal found the allegations were supported by many redacted statements from neighbours.
“The breaches are serious and not capable of remedy. They have had a serious adverse impact on the wellbeing of the neighbours, which cannot be rectified,” the tribunal said. “Because of the increasing gravity of the incidents, it would be inequitable to refuse to terminate the tenancy.”
Police confirmed staff had previously visited the property on several occasions after complaints.
An Accessible Properties spokesman said anti-social behaviour by tenants was unacceptable.
In some cases of repeated antisocial behaviour it had and would pursue action through the tribunal “and if need be, evict the tenant”.
“This is ameasure of last resort and taken where continuing the tenancy presents an unacceptable risk.”
But it understood some tenants needed guidance and support.
“We work with outside agencies such as mental health and social support services, and iwi, to help tenants understand and adhere to a standard of behaviour that is fair and reasonable,” the spokesman said.
Accessible Properties manages more than 2700 properties nationwide, including more than 1100 in Tauranga, and is a social and disability housing provider.
“By far the majority of our tenants are responsible and well-behaved.”
Rotorua Property Investors Association president Debbie Van
Den Broek said it took her almost 12 months to evict a tenant who was abusing neighbours.
The ordeal played out in the Tenancy Tribunal, the District Court and the High Court.
Documents of those proceedings showed the tenant and near neighbours both made complaints.
But Van Den Broek provided evidence including statements from a painter and repairman who complained of abusive and aggressive behaviour of the tenant.
A recording of a verbal exchange and three neighbouring tenant statements were also submitted.
Van Den Broek said in her view the harassment was subtle but took its toll on the neighbours whomoved twice as they could not cope with the stress.
The saga was emotional and costly, she said and “that is the scary part . . . it is not the landlord but the neighbours getting frightened”.
She believed the 90-day notice made it even harder to remove problematic tenants.
Tauranga Property Investors Association president Juli Anne Tolley said that during her 10 years as an investor and property manager she’d seen numerous situations where a tenancy had turned nasty.
“We’ve taken over management of rentals where the tenant started out fine and then odd behaviour began whena boyfriendmovedin with gang affiliations and next thing you end up with a rental with meth contamination and damage.
“Sadly, I’ve seen this scenario play out numerous times over the years. They tend to either be very abusive when confronted and for a private landlord that can be a hard thing to deal with when you are seeing your asset be destroyed.”
The 90-day notice was used rarely, she said, and giving a reason might actually aggravate the relationship
and, even worse, put neighbours or other tenants at risk of abuse in extreme situations.
A Ka¯inga Ora spokesman said it managed more than 66,000 residential properties in New Zealand including 239 in Tauranga City and 665 in Rotorua District. In the past 12 months, no one had been evicted in the Bay of Plenty from a state home.
Ka¯inga Ora focused on providing homes for poorer New Zealanders and those whowere struggling to find a home, he said, and “the economic and social costs of making people homeless far outweigh the short-term benefits of simply evicting them and moving the underlying issues”.
“Like all sectors of our society, some do have complexities they are working through thatmaymean their behaviour is different and can be challenging to live beside.
“They are, though, part of the community, they have a right to a home and to live well in it.”
A Tenancy Service spokesperson said the reform of the Residential Tenancies Act had been designed to modernise Kiwi rental laws and align them with present-day realities of renting in New Zealand.
“It aims to promote good-faith relationships in the renting environment, and to ensure there are appropriate protections in place for both tenants and landlords.”
Statistics also revealed that this year, up to the end of August, 95 Tauranga tenants and 28 Rotorua tenants lodged complaints with the Tenancy Tribunal against landlords.