Auckland landlord fined $8900 over substandard sleepout and unexpected visits

The landlord has been ordered to pay nearly $9000 for a series of issues including rotten carpet, backpay in rent and emotional harm.

An Auckland landlord who called his tenant a "bloody Māori" and put him an illegal and substandard sleep-out has been ordered to pay him nearly $9000.

In a decision released by the Tenancy Tribunal today, the landlord also went into his tenant's sleepout unannounced - catching him unawares at times - and powered up the room with extension cords plugged into power points from his own house; the main house.

In the tenant's brief, but seemingly chaotic, time at the property, he first discovered it "dirty"; with neither the landlord or previous tenant having cleaned it - oil was still splashed on the walls, cupboards "filthy" and none of the floors mopped or swept.

The sleepout hadn't been consented to by Auckland Council as a separate dwelling, adjudicator Robert Kee said in his decision.

The tenant told the tribunal the landlord regularly went into the sleepout without
permission.

The landlord once called in while he was still drying himself after getting out of the shower, and also prevented him from having visitors.

He also made derogatory comments about him and his race.

One time he called the tenant a "bloody Māori" and told him in front of other people to
take his "Māori ass" somewhere else.

The landlord also only gave the tenant two weeks' notice to move out - as opposed to the normal 90 days - and saw him sleep in his car for about three weeks.

"The premises were not provided or maintained in a reasonable state of repair.

"The carpet was rank. Power was by way of electrical extension cords. The
plumbing was substandard.

"There were no smoke alarms. The combination of poor electrics which might
have created a fire hazard and no smoke alarms is to be condemned."

Kee said the premises had no oven and the hot plate provided was prone to tripping the circuit breaker because the power came from the main house, and the circuits easily overloaded.

He found the breaches were intentional so ordered the man to pay $250 for the failure to clean, $500 for the failure to maintain, $500 for the lack of cooking facilities, and $500 for the lack of smoke alarms.

For the racist comments, Kee awarded exemplary damages of $1500 and for unlawfully entering the sleepout he was ordered to pay a further $650.

The remainder of the $8920.44 is made of payments relating to reimbursement of his bond, damages for emotional harm, having to dispose of his own rubbish, two days' rent while he had to move out to have carpet replaced, and a 50 per cent refund on rent paid during the tenancy.