A Christchurch property management company whose sole director appeared in a reality TV show about renting admitted to multiple breaches of tenancy law, including an unlawful termination.
The Tenancy Tribunal ordered Good Girls Property Management, run by Prudence Morrall - who appeared on TVNZ's Renters - to pay $5877 over breaches across 20 tenancies.
The tribunal accepted evidence the company had raised maintenance and repair problems with the owners of the rentals it managed. The owners delayed or refused the work because of the cost.
But the tribunal held the company responsible anyway. The adjudicator said agents would not always be protected when their clients' actions or inaction led to breaches of the Residential Tenancies Act or harm to a tenant, and that property managers should not put the client relationship ahead of their legal obligations.
The Ministry of Business, Innovation and Employment's (MBIE) Tenancy Compliance and Investigations Team (TCIT) took the case to the tribunal. National manager Brett Wilson said the company had a duty to make sure its rentals complied with the law, and to deal with problems promptly.
"This is an experienced property management company who should be aware of their obligations under the Act. The Tribunal has sent a clear message that property managers cannot simply rely on landlord clients as a defence where tenants suffer harm or the law is not complied with," he said.
"If a property owner refuses to address clear breaches of the Act, property managers should keep clear records and, if necessary, end the relationship with that client."
'Clearly had doubts'
The unlawful termination involved a room-by-room tenancy, which the company ended without grounds.
Wilson said the company treated it as a boarding house tenancy, which carries different termination rights, even though it was unsure how the tenancy should be classified.
"The adjudicator said Ms Morrall 'clearly had doubts' about whether she was correct in taking the action she did and knew she should not terminate the tenancy," he said.
The tribunal also found the company demanded an unlawful rent increase for one tenancy and put unenforceable clauses in the agreements for eight others.
The $5877 includes compensation for the impact of the repair failures on tenants, and exemplary damages for leaving insulation, insurance and Healthy Homes compliance statements out of tenancy agreements.
The morning's headlines in 90 seconds, including terror close to a British air base, and an unlikely win for the Wallabies. (Source: 1News)
SHARE ME