Award made against ‘retaliatory’ landlords

Two landlords who tried to evict a tenant who complained about a dilapidated home have been ordered to pay her $2850.

Whare Ora, the Waikato District Health Board’s healthy homes scheme, inspected the property of Jian Li and Chunyan Ren at 63 Russell Rd, Huntly, in late 2018 at the request of Donna Lee Cleghorn.

Trees needed trimming. There was a leak in the roof and water damage to carpet. The garage was full of rubbish from a previous tenant. Locks on some doors did not work. Neither did the oven. There was no main heating source. A power point was sparking. The deck was unsafe. The sewerage had blockages, and the bathroom floor was becoming soft and unstable. There was insufficient insulation.

In October last year, Cleghorn applied to the Tenancy Tribunal for work orders and compensation. Four days later, the landlords issued a 90-day notice to end the tenancy. They also made a counter claim for $10,000 for damage to the bathroom.

Cleghorn successfully applied to the tribunal on December 10 to put the eviction on hold until after it had ruled on her claim. Two days later the landlords told Cleghorn they were raising the rent from $300 a week to $400.

Tribunal adjudicator H Cheeseman ruled the landlords had taken retaliatory action and also set aside the 90-day eviction notice. He ordered the landlords to pay Cleghorn $1500 in exemplary damages.

Cheeseman also ordered the landlords pay Cleghorn $1350 in exemplary damages for failing to have the property insulated to minimum legal standards. He dismissed the landlords’ claim.