Landlords threaten eviction, rent rise after tenant complains

63 Russell Road, Huntly. Photo / Google Maps

Two landlords who tried to evict a woman and then raised her rent after she complained about the condition of her property have been ordered to pay $2870 in damages.

Jian Li and Chunyan Ren, who own 63 Russell Rd in Huntly, brought the retaliatory actions against Donna Lee Cleghorn last year.

Cleghorn, who had been a tenant since March 2016, received an assessment of the property from Whare Ora, which works with people to ensure children are being raised in healthy homes, after giving birth to her second child in late 2018.

Whare Ora raised a number of concerns about the condition of the property, which they brought to the landlord's attention via email on December 6, 2018.

Issues included:

• Trees required trimming;
• A leak in the living area;
• Water damage to the carpet;
• The garage was full of a previous tenant's rubbish;
• Rubbish needed clearing from the back of the property;
• Locks on the sliding door did not work and needed replacement;
• The oven did not work;
• There was no main heating source;
• One of the power points in the lounge was sparking;
• The garage door did not open;
• The deck was unsafe.

However, by October 2019, the landlords had failed to make adequate repairs, forcing Cleghorn to apply to the Tenancy Tribunal for work orders and compensation on October 10.

Four days later, the landlords issued Cleghorn a 90-day termination notice. On December 10, 2019, the tribunal issued an interim order to put the notice on hold.Two days later, the landlords issued a notice increasing Cleghorn's rent from $300 a week to $400, effective February 12.

The tribunal found the 90-day notice was retaliatory, and said the landlords had committed an unlawful act.

"The landlord was motivated, if not entirely, at least in part by the tenant filing her application in the Tribunal."

The tribunal also found the 33 per cent increase in rent was designed to "induce the tenant to terminate the tenancy by notice".

Jian Li and Chunyan Ren were ordered to pay $1350 in exemplary damages relating to the quality of existing insulation; and $1500 in exemplary damages for issuing the retaliatory notice.