Landlord fined for friend asleep in tenant’s garage

A Queenstown landlord has been fined by the Tenancy Tribunal for allowing his friend to sleep the night in the tenant’s garage without asking permission.

Landlord Michael Wan was ordered to pay his tenant, Luke Brennan, $1380 compensation for unlawful entry, excessive mould, and a broken fridge and shower at the property.

Shortly after Brennan moved into the house in May 2019, an unknown person spent the night in the garage. A window had been opened, and a power cord brought into the house and plugged in.

Brennan’s sister and his flatmate noticed the stranger in and around the property, and Brennan contacted Wan to find out what was going on.

Wan said he had authorised the person to stay in the garage and it was a ‘‘one off’’ arrangement for one night only.

On another occasion Wan entered the property without notice or knocking while Brennan was not at home. Brennan told the tribunal his flatmate was getting changed at the time and had been surprised by Wan.

On a second occasion Wan entered the property without the tenant’s consent to allow a maintenance contractor in.

On that occasion CCTV footage showed the tenant shouting , ‘‘This is my house – you cannot be in here.’’ Tribunal adjudicator Scott Young said Wan’s behaviour was unlawful.

‘‘The landlord has intentionally allowed another person to reside at the premises for one night. This is clearly a breach of the tenancy and possibly reflects the landlord’s attitude to entering the premises as and when he sees fit,’’ Young said.

Brennan was so concerned with Wan entering his premises without permission that he changed the locks on the property.

The tribunal ordered Brennan to give Wan a key to the new locks but told Wan that any further instances of unlawful entry would be viewed ‘‘very dimly’’ by the tribunal, Young said.