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Home / New Zealand

Christchurch flatmate asked to move out after refusing to get vaccination

By Courtney Winter
NZ Herald·
2 Dec, 2021 03:00 AM3 mins to read

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A Christchurch man claims he is being forced out of his flat due to unwillingness to get the Covid-19 vaccine. Photo / 123RF

A Christchurch man claims he is being forced out of his flat due to unwillingness to get the Covid-19 vaccine. Photo / 123RF

A Christchurch man claims he is being forced out of his flat because he is unwilling to get the Covid-19 vaccine.

Andrew Mclelland, 26, who has lived at his Hornby flat with his friend for just over a year, has been told by his landlord he must move out by December 19. The house is owned by his friend's mother.

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McIelland originally had an agreement with his flatmate that he would move out by the end of the year, and has been looking for a new flat since mid-November.

"The new date of December 19 has come as a surprise, I feel like I'm being forced to find somewhere new, which is hard since I have a cat."

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The landlord had "no comment" to make and refused to confirm that McIelland has been told he must move out.

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Despite not agreeing with the landlord's decision to make him leave, Mclelland won't be taking the issue up with the Tenancy Tribunal.

"We have different views on the vaccine but I don't want to cause a rift between the landlord and my friend," he said.

He said he just wanted people to be aware such issues are coming up in rental agreements.

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"Even looking for a new flat now, the conversation around whether I am vaccinated or not is always brought up," McIelland said.

Landlords are being warned they can't ask for someone's vaccine pass or vaccination status. When discrimination breaches the Human Rights Act, it's unlawful under tenancy laws.

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The only exception is boarders, who are not covered by the Residential Tenancies Act 1986, however, the act may still apply.

Property Investors Federation executive officer Sharon Cullwick said landlords cannot legally kick out or choose a tenant based on their vaccination status.

"It's wrong to discriminate against anyone, whether it be their relationship status or nationality."

She said she definitely expects more people to come forward with similar situations.

Tenancy Services national manager compliance and investigation Steve Watson said landlords and tenants "should talk to each other, work together and take care of each other wherever possible".

"Try to come to an arrangement that suits everyone. If you can't reach an agreement you can apply for mediation through the Tenancy Tribunal.

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He recommended visiting the Unite Against Covid-19 website or the Ministry of Health website for more information.

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