Auckland landlord discovers destroyed driveway, graffiti and other damage after evicting tenant

Gaurav Seth had to replace the concrete driveway at his Papakura rental property after discovering it destroyed following the eviction of his former tenant Lynette Pahulu for rent arrears.

A torn up driveway, graffiti on the walls, smashed windows and missing curtains - this was just some of the damage an Auckland landlord had to contend with after successfully evicting a tenant from his rental property.

Gaurav Seth initially took his tenant Lynette Pahulu to the Tenancy Tribunal in November 2022 asking for outstanding rent and her tenancy to finish. He was successful and the tribunal terminated Pahulu’s lease of the property in Rosehill, Papakura, granting him immediate possession and $4013.28 in rent arrears.

But, it was only after Pahulu vacated the property that substantial damage, including the rubble remaining from the destruction of the driveway and internal vandalism of the house, was uncovered.

Due to the grotty condition of the property, Seth was not able to re-let it as he intended and instead had to wait until repairs, which did not include rebuilding the driveway, had been completed on January 4, 2023.

So Seth, through his agent Pro Edge Property Management Ltd, went back to the tribunal seeking further rent arrears as well as costs and compensation to restore the house and section to a liveable standard.

Pahulu did not attend either of the tribunal’s hearings and could not be contacted by telephone for comment.

In a decision released last month, tribunal adjudicator Mike Edison said Pahulu had failed her obligations to leave the premises reasonably clean and tidy and had not removed all rubbish.

Edison said photographs taken by Seth showed the property had been left in a “very poor condition”.

“Externally, the driveway had been removed by the tenant (who intended to build a new driveway) without permission, and the concrete rubble left behind had to be removed.

“Inside the property, there were belongings, clothing, and debris on the floor throughout the premises and graffiti.”

Tenants were liable for the cost of repairing damage that was intentional or which resulted from any activity at the premises that was an imprisonable offence, the tribunal’s ruling noted.

Edison determined significant damage had been caused during Pahulu’s tenancy.

“The removal of the driveway by the tenant (or her agents) was a deliberate alteration of the property without permission and is therefore intentional damage.”

Inside the house, walls and doors had been damaged, there were several smashed windows and curtains were ruined or missing.

“The kitchen floor was damaged and was replaced,” Edison said.

“The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.”

He awarded Seth a total of $30,385.78, which included $10,500 for a new driveway, $2875 to remove the concrete debris of the old one, $3714.29 for lost rent, $6630 for repairs to the windows, walls, and graffiti removal plus $5955 for cleaning, rubbish removal as well as replacing the curtains.

Edison then reduced the award for the careless damage, which covered everything apart from the driveway, by $8300 which was covered by insurance leaving Pahulu with an additional bill of $22,085.78 on top of the $4013.28 imposed in November 2022.

Attempts to contact Seth and Pro Edge Property Management Ltd were unsuccessful.

Leighton Keith joined NZME as an Open Justice reporter based in Whanganui in 2022. He’s been a journalist for 20 years covering a variety of topics and rounds.