Unwanted and unlawful occupants in St Heliers rental property. / Dean Purcell
An Auckland landlord has applied for a court bailiff to remove illegal occupants from her $2 million St Heliers rental property - but has been told it could be weeks before someone is available.
A tenant at Auckland landlord Nina Zhao's property unlawfully sublet her four-bedroom property to four differentfamilies - each occupying a different room.
Zhao, 34, took the tenant to the tribunal for rent arrears and damages to the house and the tenant was served a termination notice, which ended his tenancy on July 14.
The tribunal ruled that the remaining occupants were not lawfully entitled to occupy after the tenancy ended.
But they are refusing to move on - and are instead inviting friends to move in.
The New Zealand Property Investors Federation says the long waiting times for a court bailiff is unacceptable - and is calling for an overhaul of the Tenancy Tribunal.
The federation's executive officer Andrew King said it now took about two weeks for landlords to engage a court bailiff.
"While this used to be free for landlords and take just a few days to organise, it now costs $200 and takes about two weeks," King said.
The tenant has been evicted but had sublet the house out. Now these people are refusing to leave. Photo / Dean Pu
He said about 70 per cent of applications to the tribunal were for rent arrears, and was taking up a "vast amount" of court time.
"Landlords should not have to wait eight weeks to get a hearing and an eviction, this is especially true after likely having to wait eight weeks to get the original hearing and possession order," King said.
The tenant has sublet the house to four different families. Photo / Dean Pu
King said rent arrears cases could be handled by adjudicators outside the court chambers.
"As rent arrears are a non judgmental factual occurrence, adjudicators could simply check that the evidence is in order and meet the criteria of the Residential Tenancies Act, then stamp it and email the decision back to the landlord," King said.
The state of a property in St Heliers where the tenant has been evicted. Photo / Dean Pu
Over two years, Zhao did not make any property inspections because she didn't think it was necessary.
In June, Zhao informed the tenant that she wanted to move into the house - and went there to make a property inspection.
When the Herald entered the property with Zhao yesterday, two bedrooms were padlocked, one was vacant and a woman was in the fourth bedroom.
The woman said she was a friend of one of the occupants, and didn't know how many people were living in the house.
