Tenant: Cannabis evidence planted

A tenant who was illegally trespassed from his flat tried to argue his landlords planted an ‘‘unsophisticated’’ cannabis operation in his home.

The West Auckland tenant has been awarded $1500 in damages after being illegally trespassed by his landlord, in a decision issued by the Tenancy Tribunal.

However, the landlords were also awarded $1200 in compensation for illegal activity and damage to the property after cannabis plants were found.

The saga began when landlords Ruth Paler and Russel Hyde issued the trespass notice in August 2017 ordering the tenant to ‘‘vacate the property’’ within one week if he didn’t pay more than $2000 in rent, which they incorrectly thought he owed.

Tenant Brian Keith Richards returned to the Titirangi home late on August 25, 2017, to find his key didn’t work and all the windows had been locked, according to the tribunal decision.

At the hearing, Richards claimed the landlords went inside his home and created an ‘‘unsophisticated’’ cannabis operation in the 15 hours he was away from the house, tribunal adjudicator Stuart Benson said.

The landlords said they discovered the cannabis operation only after Richards was ordered off the property by police.

Benson said it was possible the landlords were so desperate to get him out that they set up an amateurish cannabis-growing operation.

‘‘However, there is only one other explanation given for the damage and growing operation – that Mr Richards did it.’’

Benson also found Paler and Hyde ‘‘blithely bypassed’’ tenancy law by ending a tenancy without proper notice. ‘‘The landlords forced Mr Richards out with the help of the police and an unlawful trespass notice.’’

He dismissed the claims of overdue rent as being based on ‘‘seriously deficient’’ records.

But Benson also accepted Richards had grown the cannabis and awarded the landlords $1200 in compensation for illegal activity and property damage.