The operator of an illegal Christchurch boarding house where CCTV was installed in communal living spaces has been ordered to pay a former tenant nearly $10,000.
The Tenancy Tribunal described the surveillance as a "gross invasion of privacy" and found landlord Lai Tai Leung, also known as Anna McLeod, liable for several breaches.
It also found she continued operating the property as an unconsented boarding house, despite notices dating back to 2016 ordering the activity to stop.
Six tenants lived in the boarding house, where a CCTV camera watched the kitchen/lounge area. Another camera was also set up outside, facing the carpark and exit.
The only tenant to give evidence said he was aware of the cameras but, "they made him feel uncomfortable" as his girlfriend would sometimes stay the night. He also did not know whether the cameras recorded audio.
Leung told the tribunal the cameras were referred to in the tenancy agreement and known about, arguing there could be "no harassment". The tribunal said this made "no logical or legal sense".
"Placing a CCTV camera inside premises is a gross breach of a tenant’s quiet enjoyment," the tribunal said in its decision.
"It was an intentional act; it was obviously against the tenant’s interests; it had an effect on the tenant because it was a gross invasion of privacy; and it was against the public interest."
The Ministry of Business, Innovation, and Employment investigated the property after receiving a complaint from the Christchurch City Council.
Landlord 'continued to flout' legal requirements
The tribunal also found the tenancy agreements failed to include required insulation, Healthy Homes Standards, or insurance statements. The tenant said he wasn't aware of any fire evacuation procedures either.
While the premises were "generally of a good standard", the council had repeatedly issued notices requiring it to cease operating as a boarding house.
After discovering the boarding house was operating unlawfully, the tenant left as he "did not want to take any risks".
The council first issued an abatement notice to cease the boarding house activity in June 2016, followed by a Dangerous Building Notice in October 2017 to address fire risks.
Tenants moved out following these notices, but a 2025 council visit found it was once again being rented as a boarding house.
"Numerous fire risks" were identified in another assessment, leading to a further Dangerous Building Notice, Do Not Occupy notices, and another abatement notice.
Leung argued the house complied with all health and safety requirements, which the tribunal called "simply disingenuous", labelling the breaches "repeated" and intentional.
"The landlord knew what the legislative requirements were but continued to flout them.
"The landlord’s actions were obviously against the tenant’s interests by exposing the tenant to potential harm. They had an effect on the tenant, who gave evidence that once alerted to this breach, he feared for his safety and left."
Leung was also reprimanded for a clause in the tenancy agreement that stated: "Boarder(s) agrees to pay the administration fee of $200.00 for each hearing brought to the tenancy tribunal."
While it was unclear whether the clause applied to an application by the landlord or the tenant, the tribunal found it undermined the law and acted as a way to deter tribunal claims.
Leung was ordered to pay $9411.56 to the Ministry of Business, Innovation, and Employment on the tenant's behalf, including compensation, rent reimbursement and exemplary damages.
The tribunal also imposed a four-year restraining order, saying it "cannot be confident" Leung would stop breaching tenancy law. The order meant any further unlawful conduct could amount to offences.
SHARE ME