The building which previously housed New Plymouth strip club Xite has been condemned. Photo/Tara Shaskey
The building which previously housed New Plymouth strip club Xite has been condemned. Photo/Tara Shaskey
Failed eviction attempts, overstayers, $48,000 in rent arrears and a condemned building have formed part of a long-running lease stoush between a New Plymouth strip club owner and his landlord - now the clash is being heard in the High Court.
The city-central commercial premises, where adult venue Xite previouslyoperated, was boarded up in December by New Plymouth District Council (NPDC) which posted a notice warning it was a "dangerous, affected, or insanitary building".
People, including Xite owner Denys Taylor, had been staying in the building and refusing to leave but were removed with the help of police when the council shut it down.
Taylor and his associates had previously ignored eviction notices issued by the building's owner Pacific Imports and Trading Ltd, of which Auckland man Rafad Alsaloom is the sole director.
This amounted to $48,486.74 in rent and outgoings from the period of February 13 last year through to December 5, when Taylor was removed from the premises.
Turner said Taylor had made the building unsafe by doing unauthorised electrical work at the property.
The building was deemed unsafe by the New Plymouth District Council due to unauthorised electrical work. Photo/Tara Shaskey
This led to the power being disconnected and the authorities, including WorkSafe, condemning the building.
But Troy Wano, lawyer for Taylor's company Crave Entertainment Limited, which trades as Xite, said his client's electrical work was an attempt to preserve the electrical supply because Alsaloom hadn't addressed issues with the building.
Wano said there were ongoing issues with the property's pipes, which had flooded the ground floor and affected the switchboard.
There had been a complete breakdown of the relationship between Taylor and Alsaloom, which made it difficult to get repair work done in the building, Wano said.
There was no conclusive evidence as to who caused the electrical fault, and Taylor said it was not him and that Alsaloom had flouted his responsibilities as a landlord.
This had led to Taylor being unable to operate his business to its full potential and so he stopped paying rent.
Attempts to then evict him from the building were firmly rejected by Taylor, Wano said.
Turner pointed out that the building was up to code at the beginning of the lease agreement.
Taylor opened the doors to his strip club in mid-2020 for three months and then on random occasions.
He had been living in the building, which Alsaloom said was not agreed within the lease.
Wano sought relief against the cancellation, but if Justice Churchman was minded to grant the application he asked that the order be made with a condition that allowed Taylor to pay the rent arrears.
If Taylor was unable to pay within a fortnight to a month, Wano suggested, then the ability to seek relief from cancellation would fall away and the landlord would be entitled to his application.
But Turner said there was no evidence Taylor had the financial ability to pay the arrears or continue to pay rent.
If Justice Churchman was to grant that condition then Taylor should have to pay within seven days, Turner said.
