Tenants unaware of danger

A commercial property manager allegedly committed ‘‘disgraceful misconduct’’ by not reporting safety concerns about a Christchurch building where a man died in the February 2011 earthquake.

The Real Estate Agents Authority opened its case on Monday against Christopher Chapman before the Real Estate Agents Disciplinary Tribunal in Christchurch. Chapman is defending the allegation, which is brought under the Real Estate Agents Act.

The authority’s lawyer, Michael Hodge, told the tribunal the allegation arose from Chapman’s failure to inform the tenants of 593 Colombo St – Southern Ink tattoo parlour – of safety concerns after the September 2010 earthquake. Matthew McEachen, who worked at the tattoo parlour, was crushed by falling masonry on February 22, 2011.

Hodge said Chapman was the building’s commercial property manager and the question before the tribunal was whether he breached his professional obligations in a manner that rose to the level of misconduct.

Chapman arranged an inspection and the building was found to be unsafe for occupancy. Chapman disputes receiving the emailed report.

Hodge said: ‘‘What cannot be disputed, we submit, is that the defendant had information that the building was structurally unsafe to occupy and that the premises were untenantable.

‘‘We know he had this information because it is contained in his own property management reports dated September and December 2010.’’