Medical treatment abroad leads to eviction, $6000 rent debt for social housing tenant

A social housing tenant who left New Zealand for medical treatment overseas has lost the home after falling behind in rent, which increased sharply when his family moved in to the property. Photo / 123RF

A social housing tenant has lost his home after falling behind in rent while he was overseas receiving medical treatment.

Now, he now must pay more than $6000 owed to the landlord and his family, who moved in during his absence.

The tenant, whose name is suppressed, told the Tenancy Tribunal in May that the treatment he was receiving had not worked as well as hoped, and he needed more.

He had expected to be back in New Zealand in March but the timeframe had been extended.

The man told the tribunal, via the phone, that he couldn’t leave the country as it would have meant a stand down for his visa and he would have had difficulty getting back into that country.

His doctor also recommended that he remain overseas for treatment.

Because he was out of the country the Ministry of Social Development stopped paying his rent on the home run by a not-for-profit social housing provider.

As a result, the rent reverted to market value of $840 a week. The man had only been paying $152 weekly based on his income.

In his absence, his family moved into the home but kept paying the weekly rent of $152.

Adjudicator Toni Prowse said in a recently released decision the social housing provider, as the landlord, was not funded for the shortfall.

“They cannot absorb this cost as a not-for-profit social housing provider.”

The tribunal’s decision to end the tenancy included an order that the man pay the landlord $6465 in rent arrears, plus the landlord’s $27 filing fee.

The landlord applied for termination and possession of the premises on several grounds, including that the tenant had failed to fix a notice for rent arrears within 14 days, and that a 90-day notice given on January 30 had expired, yet the tenant remained in possession.

Prowse was satisfied that the tenancy ended on April 30 this year, and that the landlord was entitled to take back the home.

“Even if I had not been satisfied that the tenancy ended on April 30 by termination notice, then I would have ended the tenancy [today] because the tenant is more than 21 days in arrears, and the landlord has given the tenant a 14-day breach notice which remains unremedied.”

The ministry directed NZME to its website in response to questions about rules around recipients of benefits while overseas.

In summary, beneficiaries heading overseas may be able to keep getting benefit payments, depending on the reason for travel.

If approved, a benefit may continue for a period of between 28 days and two years, depending on the circumstances.

There are different rules for people going to live overseas while on a benefit or receiving superannuation or a veteran’s pension.

The accommodation supplement may continue.

An MSD spokesperson said in regard to how someone on a benefit may be able to afford to travel overseas for medical treatment, individual circumstances may vary.

The ministry did not have specific information regarding this matter and was therefore unable to comment.

Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.