Evicted at 36-weeks pregnant: tenant wins appeal, complains of costs not paid

Tribunal then court found eviction of pregnant tenant was illegal. Photo / 123RF

A tenant evicted from her Grey Lynn place for being pregnant has won an appeal against a Tenancy Tribunal decision but says costs of more than $7000 are yet to be paid.

In 2020, Josephine Rawstorne won in the tribunal after taking action against Westside Management, trading as Quinovic Property Management, which asked her to leave her place when she was 36 weeks pregnant.

She was reimbursed $1431 rent she had already paid.

She had been told to leave her Crummer Rd flat she shared with a partner because the landlord did not want more people living there and she was soon to give birth.

Last year, she appealed that decision in the Auckland District Court. A decision last July was in her favour and she was awarded $2500 plus costs.

But those costs haven't been paid "and it's $7212.50", she said today. "The legal costs remain outstanding to my solicitors."

District Court Judge Nicola Mathers said the maximum amount a tenant could be awarded in exemplary damages was $4000 but she set the penalty at just over half that at $2500 which Rawstorne said she had been paid.

Her appeal was based on the tribunal's decision which found Quinovic had illegally discriminated against her in breach of the Human Rights Act by requiring her to leave her flat.

Today, the property management firm's chief said after receiving an inquiry about the case from the Herald, the business would pay the costs in full.

Grant Sheridan, Quinovic Property Management chief executive, said tonight: "I can confirm that as of mid-2021, the franchisee involved with these proceedings, Westside Management is no longer working under the Quinovic brand.

"I also can confirm that the judgement sum of $2500 was paid, however late yesterday we were made aware of the outstanding costs that Westside Management was ordered to pay and had not yet paid.

"While Westside Management has acted in breach of its obligations in this instance, Quinovic Property Management acknowledges and recognises the need to do the right thing by its customers and can confirm that the outstanding costs of $7212.50 will be paid to Ms Rawstorne as a matter of priority by Quinovic Property Management," he said.

The tribunal said that in September 2019, Rawstorne was told that the owner of the property had been made aware she was pregnant and she must leave.

"It has been brought to the owner's attention that you are due to have a baby and she has raised some concerns of how you will be in breach of your tenancy and that unfortunately, she's not wanting three occupants in the property," Rawstorne was told.

Initially, the landlord congratulated her, when she said she was pregnant and asked if she would be in breach of the contract.

"She would ideally like you to move out as soon as possible and won't hold you to your tenancy, therefore I think meaning you won't have to break fixed term she will just let you out. Could you please let me know what you're thinking of doing moving forward and if you would consider leaving the property earlier if possible," the tribunal's decision said, quoting the landlord.

Rawstorne responded that she was 36 weeks pregnant and moving out then or straight after the birth was not an option. Her health and that of her newborn "will be compromised", she said.

The district court judge said there was no doubt that Quinovic had unlawfully discriminated against Rawstorne.

"They are specialist landlords. Ignorance of the law is not an excuse," the judge found.

A midwife advised Rawstorne not to engage further with Quinovic due to the stress it was causing. The tenant did eventually leave the Grey Lynn property.

"In my view, it is in the public interest that landlords recognise that the mere fact of pregnancy is not a justifiable reason to remove a tenant," the judge said.

Quinovic should therefore be required to pay a sum of exemplary damages. She said she agreed with the appellant that the tribunal did not adequately address the factors specified in the law.