Whangārei boarding house landlord to refund half of woman’s rent for unlawful cabin

A man who rented out a cabin that had unconsented work done to it, an inadequate septic system and electrical issues has been slammed as “wilfully ignorant” and ordered to refund half the tenant’s rent.

Landlord Han Joong Kim who operates a boarding house on State Highway 14 in Maunu, Whangārei, recently appeared before the Tenancy Tribunal to respond to multiple allegations he was not running the site lawfully.

A tenant of the boarding house had complained to the authority, claiming Kim failed to set up house rules and this resulted in arguments between tenants and failure to keep communal areas clean.

She also alleged he had rented an unlawful dwelling to her, which was a cabin he had originally put on site for visiting family members.

The woman moved into it in December 2020 and remained there until December 2022, paying $280 per week and a total of $22,640 for the two years she lived there.

In August 2022, the tenant received a letter from the Whangārei District Council informing her the cabin had been determined unsanitary.

It was found to have a rotten front door, exposed and broken wastewater pipes, gaps between the walls and roof, and exposed and unprotected electrical wiring.

The woman had been living in a cabin found by the Tenancy Tribunal to be an unlawful residential premises. Photo / 123RF

There was also pooling black water or sewage outside the cabin, leading to an abatement notice being issued by the Northland Regional Council in February 2022.

Tribunal adjudicator Nicholas Blake heard the tenant’s complaints and found the cabin was an unlawful residential premises.

“Mr Kim needed council consent to build a cabin on his property ... Mr Kim did not obtain consent,” Blake said in his decision, released last month.

“Mr Kim was wilfully ignorant of his legal responsibilities as a landlord.”

The tenant also argued the absence of house rules led to conflict among residents, leading to one, referred to in the decision as Mr S, taking on the role of property manager while Kim was overseas.

During this period, Mr S took out a trespass notice on another resident resulting in tensions within the boarding house.

“It appears that Mr S enthusiastically embraced the perceived power of his position but had very limited understanding of the responsibility of the position, such as responding to maintenance requests,” Blake said in the decision.

Blake found although it was not mandatory for Kim to make house rules, he still had a responsibility to provide the tenants with quiet enjoyment of the premises.

“Mr Kim states that he does not get involved in any disputes between residents and they must sort out issues between themselves, this position ignores his responsibilities.

“[He] has a legal duty - he must not permit any interference with his tenant’s reasonable peace, comfort and privacy. This means that he must respond appropriately and proportionately to any issues that meet the threshold of a breach of peace, comfort and privacy.”

Complaints were also made about the cleanliness of the communal bathroom in the main house and photos were provided to the tribunal proving it was not in a reasonably clean condition.

“Mr Kim has wilfully disregarded his obligations as a boarding house landlord. Mr Kim has had ample opportunity to familiarise himself with the obligations of boarding house landlords. He has had ample time to clean the facilities ... there is no reasonable excuse for the ignorance of his legal obligations,” Blake said.

Kim was ordered to pay a partial rent refund of $11,320 to the woman and $350 for failure to keep the facilities clean.

A previous order also awarded her $3000 in damages for failure to maintain the cabin.

Attempts by the Herald to contact Mr Kim were unsuccessful.

Shannon Pitman is a Whangārei based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.