Tenancy Tribunal orders landlord's widow to pay ex-tenant $6500 over unlawful eviction from substandard home
Later that month, Po Ching served the tenant with a trespass notice, refusing to let him back into the house because of rent arrears.
The tenant said he only became aware of the notice after receiving a text from another tenant saying his belongings would be boxed and left on the street for him to collect.
Five days later, Po Ching again texted the tenant, telling him he wasn't allowed back into the house.
The landlord provided a photo showing drugs on a tenant's dressing table, including of marijuana. Stock photo / 123rf
The tenant then turned to the tribunal, applying for compensation and exemplary damages, claiming the house wasn't in a reasonable condition, there were no grounds to end the tenancy and his belongings had disappeared at the end of the tenancy.
The landlord counterclaimed for rent arrears, compensation, and exemplary damages, alleging the tenant had been using drugs at the house.
Syringes, marijuana and 'white powder'
To support his claim of illegal drug use at the house, Po Ching provided photos of the tenant's room.
The photo showed syringes, drug utensils, marijuana, pills and 'a bag of white powder' sitting on top of a dressing table, beside the bed in the tenant's room.
The decision said Po Ching called the police.
However, charges were not laid because 'the tenant was not there when the drugs were found and because it was a shared house', the decision said.
Po Ching also claimed he had the room tested for meth, which he said reported 'high results'.
He then discarded the tenant's belongings, claiming it was for 'everyone's safety'.
But the tenant said the drugs and utensils were not his and he did not use drugs while at the house.
He also said he was suspicious of the timing of the photos, saying the drugs 'appeared' in his room when Po Ching was trying to get him to move out.
The tribunal found there was no supporting documentation that the tenant's room was contaminated with methamphetamine.
'What is most surprising is that the police did not charge any of the tenants, even though there was a dressing table full of what appear to be illegal drugs,' the decision said.
It dismissed the landlord's claims that the tenant used the premises for an unlawful purpose and the associated claim for compensation.
A leaky and draughty home
In turn, the tenant argued the landlord failed to meet his obligations under the Residential Tenancies Act by renting a house that wasn't in a reasonable state of cleanliness or repair and it failed to meet Healthy Homes standards.
To support his claim, the tenant provided photos and a video showing water dripping through a light fitting in the living room when it rained, leaving the lounge carpet wet and smelly. There was a hole in the door to his bedroom, the shower was mouldy and broken, there were issues with the toilet and there were no smoke alarms.
The tribunal found there was insufficient evidence to support the tenant's claim of uncleanliness when he moved in, but agreed the house was not in a reasonable state of repair.
It also found the home failed to meet Healthy Homes Standards, noting that from the photos it seemed most likely the house was 'draughty'.
The tribunal found there were also issues relating to stormwater, surface water, ground water and ventilation, and there were no extractor fans in the bathroom or kitchen.
The tenant said Po Ching was well aware of the state of the house, which he visited frequently.
In response, Po Ching maintained that the house was 'liveable'.
Po Ching's lawyer told the tribunal the house was only meant to be 'transitional accommodation' for the tenant.
He submitted it was reasonable to stay in for a short period and because it was an informal arrangement, no tenancy agreement was signed.
The lawyer said Po Ching always intended to renovate the house and that was done after the tenant moved out.
But the tenant denied it was explained to him that the tenancy was intended to be short-term and he'd lived there almost six months, paying $170 a week.
The tribunal found the Residential Tenancies Act applied to the tenancy, noting that even if they accepted the landlord's submissions in full, there are no exclusions under the act that allowed Po Ching to charge rent for a substandard house because it was only short-term.
Po Ching most likely knew the condition of the house and breached his duty to repair and maintain the house, it found.
'The decision to charge rent and take a bond from a tenant in exchange for a house that leaked and did not meet Healthy Homes standards requirements must have been intentional. It seems unlikely to me that Mr Po Ching, who was in the building trade, did not know about the Healthy Homes standards.
'The effect for the tenant was that he felt trapped because the house was a depressing place to live.'
The decision also found the landlord had ended the tenancy without grounds, noting he had acted intentionally and caused the tenant stress and panic, because he was no longer able to access his belongings.
Finally, the tribunal found Po Ching had prevented the tenant from collecting his belongings because of his belief the tenant owed him rent.
The tenant told the tribunal the loss of his items had been devastating.
He said he lost tools and personal items and had only managed to retrieve his television, which he collected three days before the trespass notice was issued.
However, because the tenant was unable to provide evidence of the $16,300 he claimed in losses, he was only awarded $1000 for exemplary damages in regard to this claim.
The tribunal ordered Po Ching to pay the tenant $6500, less $971 for rent arrears. This included $2000 each in exemplary damages for the lack of maintenance and terminating the tenancy early, as well as the $1000 for his belongings.
Because Po Ching died last year, the tribunal ruled the order could be enforced against his widow.
Catherine Hutton is an Open Justice reporter, based in Wellington. She has worked as a journalist for 20 years, including at the Waikato Times and RNZ. Most recently she was working as a media adviser at the Ministry of Justice.
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NZ Herald
2 days ago
- NZ Herald
Tenancy Tribunal orders landlord's widow to pay ex-tenant $6500 over unlawful eviction from substandard home
Po Ching followed up with a text saying he'd consulted with the tribunal and the man had 10 days to pay the rent arrears and 48 hours to leave the house if the money wasn't paid. Later that month, Po Ching served the tenant with a trespass notice, refusing to let him back into the house because of rent arrears. The tenant said he only became aware of the notice after receiving a text from another tenant saying his belongings would be boxed and left on the street for him to collect. Five days later, Po Ching again texted the tenant, telling him he wasn't allowed back into the house. The landlord provided a photo showing drugs on a tenant's dressing table, including of marijuana. Stock photo / 123rf The tenant then turned to the tribunal, applying for compensation and exemplary damages, claiming the house wasn't in a reasonable condition, there were no grounds to end the tenancy and his belongings had disappeared at the end of the tenancy. The landlord counterclaimed for rent arrears, compensation, and exemplary damages, alleging the tenant had been using drugs at the house. Syringes, marijuana and 'white powder' To support his claim of illegal drug use at the house, Po Ching provided photos of the tenant's room. The photo showed syringes, drug utensils, marijuana, pills and 'a bag of white powder' sitting on top of a dressing table, beside the bed in the tenant's room. The decision said Po Ching called the police. However, charges were not laid because 'the tenant was not there when the drugs were found and because it was a shared house', the decision said. Po Ching also claimed he had the room tested for meth, which he said reported 'high results'. He then discarded the tenant's belongings, claiming it was for 'everyone's safety'. But the tenant said the drugs and utensils were not his and he did not use drugs while at the house. He also said he was suspicious of the timing of the photos, saying the drugs 'appeared' in his room when Po Ching was trying to get him to move out. The tribunal found there was no supporting documentation that the tenant's room was contaminated with methamphetamine. 'What is most surprising is that the police did not charge any of the tenants, even though there was a dressing table full of what appear to be illegal drugs,' the decision said. It dismissed the landlord's claims that the tenant used the premises for an unlawful purpose and the associated claim for compensation. A leaky and draughty home In turn, the tenant argued the landlord failed to meet his obligations under the Residential Tenancies Act by renting a house that wasn't in a reasonable state of cleanliness or repair and it failed to meet Healthy Homes standards. To support his claim, the tenant provided photos and a video showing water dripping through a light fitting in the living room when it rained, leaving the lounge carpet wet and smelly. There was a hole in the door to his bedroom, the shower was mouldy and broken, there were issues with the toilet and there were no smoke alarms. The tribunal found there was insufficient evidence to support the tenant's claim of uncleanliness when he moved in, but agreed the house was not in a reasonable state of repair. It also found the home failed to meet Healthy Homes Standards, noting that from the photos it seemed most likely the house was 'draughty'. The tribunal found there were also issues relating to stormwater, surface water, ground water and ventilation, and there were no extractor fans in the bathroom or kitchen. The tenant said Po Ching was well aware of the state of the house, which he visited frequently. In response, Po Ching maintained that the house was 'liveable'. Po Ching's lawyer told the tribunal the house was only meant to be 'transitional accommodation' for the tenant. He submitted it was reasonable to stay in for a short period and because it was an informal arrangement, no tenancy agreement was signed. The lawyer said Po Ching always intended to renovate the house and that was done after the tenant moved out. But the tenant denied it was explained to him that the tenancy was intended to be short-term and he'd lived there almost six months, paying $170 a week. The tribunal found the Residential Tenancies Act applied to the tenancy, noting that even if they accepted the landlord's submissions in full, there are no exclusions under the act that allowed Po Ching to charge rent for a substandard house because it was only short-term. Po Ching most likely knew the condition of the house and breached his duty to repair and maintain the house, it found. 'The decision to charge rent and take a bond from a tenant in exchange for a house that leaked and did not meet Healthy Homes standards requirements must have been intentional. It seems unlikely to me that Mr Po Ching, who was in the building trade, did not know about the Healthy Homes standards. 'The effect for the tenant was that he felt trapped because the house was a depressing place to live.' The decision also found the landlord had ended the tenancy without grounds, noting he had acted intentionally and caused the tenant stress and panic, because he was no longer able to access his belongings. Finally, the tribunal found Po Ching had prevented the tenant from collecting his belongings because of his belief the tenant owed him rent. The tenant told the tribunal the loss of his items had been devastating. He said he lost tools and personal items and had only managed to retrieve his television, which he collected three days before the trespass notice was issued. However, because the tenant was unable to provide evidence of the $16,300 he claimed in losses, he was only awarded $1000 for exemplary damages in regard to this claim. The tribunal ordered Po Ching to pay the tenant $6500, less $971 for rent arrears. This included $2000 each in exemplary damages for the lack of maintenance and terminating the tenancy early, as well as the $1000 for his belongings. Because Po Ching died last year, the tribunal ruled the order could be enforced against his widow. Catherine Hutton is an Open Justice reporter, based in Wellington. She has worked as a journalist for 20 years, including at the Waikato Times and RNZ. Most recently she was working as a media adviser at the Ministry of Justice.
1News
15-07-2025
- 1News
Illegal boarding house tenants told to hide from housing inspectors
A man who lived in an illegal boarding house in Queenstown says landlord James Truong instructed tenants to hide from MBIE inspectors as attention on the property grew. The man, who did not want his identity revealed, says he and another person were charged $440 a week to share a small room in a converted shed out the back of the house. The Ministry of Business and Innovation (MBIE) said Truong had been ordered to pay $113,723.56 for multiple breaches of the Residential Tenancies Act as well as refund 40% of the rent paid by tenants of an unlawful boarding house. Truong was also issued with a 3-year restraining order from committing any further unlawful acts related to operating a boarding house. The Ministry's tenancy compliance and investigations had advised Truong to stop using the building as a boarding house in 2020, but a complaint in 2023 revealed 11 people living in the five-bedroom house and another 11 people housed in two converted garages and a shed. ADVERTISEMENT The tenant said he shared a room in the shed behind the house between April and July 2023. "It's like storage but he converted it as bedrooms. There was a microwave, a sofa and two small rooms. So me and my friend is living in that one bedroom and then one Sri Lankan guy is living in the other bedroom. "The shed doesn't have any bathrooms so we need to go inside the house to use the bathroom. Even the laundry is in there so we have to walk from the back of the house to the inside of the house," he said. Garage area where five tenants were living. (Source: TCIT Queenstown) Landlord told tenants to hide from inspection teams He said - as MBIE began investigating the house - Truong sent texts instructing him to leave the property or stay inside the shed when inspection teams were near. RNZ has seen texts from Truong instructing tenants to remove food from fridges, dismantle beds and put their clothes in plastic bags ahead of inspections. ADVERTISEMENT "He is messaging us to hide in the shed. He had cameras so he can see if it's MBIE. So he is messaging me saying 'ok don't go out from your room just stay there until I say so'. It's like we were doing something wrong," he said. He said five Indonesian people living in the garage were kicked out with only a night's notice once Truong learned the house was under investigation. Tenant didn't know he was being exploited Being new to country, the man said he was not sure whether the living situation was normal. "I don't know the kind of rules and it's really hard to find an accommodation so I thought like 'maybe that's how it works here'. So we don't know that we are getting exploited," he said. He said Truong would "pursue" the tenants with texts and sudden visits and - as attention of the house grew - he attempted to pressure tenants to sign letters indicating they agreed to live in the spaces willingly. The tenant said MBIE had tried to contact him, but he did not respond because he was scared of losing his accommodation. ADVERTISEMENT Landlord James Truong instructed tenants to stow away beds, clothing and food and hide from inspectors as attention on the property grew. (Source: Penalty reflects the seriousness of offending - MBIE National manager for MBIE's Tenancy Compliance and Investigations Team, Brett Wilson, said the penalty was not the largest order issued by the Tenancy Tribunal but the amount was reflective of the number of tenants involved and the seriousness of the issues uncovered. Wilson said the amount of rent to be refunded to the tenants was still being determined and appealed to any people who had lived at the property under Truong to get in touch. "MBIE expects all parties to comply with Tenancy Tribunal orders. Mr Truong has engaged with us so far and we will be working with him to arrange payment. In these cases our priority is to ensure that tenants receive the money they are entitled to and we will take all appropriate steps to make sure that happens," Wilson said. He defended the nearly three years between Truong being told not to use the property as a boarding house in 2020 and the investigation following complaints in 2023. "We do try and follow up cases as frequently as we can but with 600,000 estimated rental properties in the country we aren't always able to follow up cases as promptly as we would like to," Wilson said. ADVERTISEMENT The morning's headlines in 90 seconds, including Trump's deadline for Russia, legal action against a supermarket giant, and an unusual marathon record. (Source: Breakfast) Inaction reinforces 'cowboy culture' in rental market Renters United president Zac Thomas said the time between Truong being told not to run the property as a boarding house in 2020 and the eventual penalty - nearly five years later - reinforced a "cowboy culture" of non-compliance with housing standards. "When you do the math behind what this landlord must have made from 22 people over the space of nearly five years. We're looking at around $450 a week in fines. They would have made much more than that from the rents that were being paid by the tenants. It's absolutely crazy," Thomas said. He said until the housing crisis in places like Queenstown was addressed, tenants would continue to be taken advantage of by unscrupulous landlords. "We're seeing more and more cases like this because of the reintroduction of no cause evictions. Tenants are too afraid to speak up - at least they did so in this case over time - but throughout the country, time and time again - we see tenants too scared to stand up for their basic rights," Thomas said. Thomas said the Tenancy Tribunal was not properly resourced to address the scale of the problem in New Zealand. ADVERTISEMENT "This should've never taken five years to get to this stage. It's disastrous for our international reputation - in the heart of our tourist capital. "This person should never be able to be a landlord again. [The penalty] is a slap on the wrist compared to the consequences that there should be. "Until we have proper punishments for landlords we'll continue to see this cowboy culture where people push up against the law - go past the line - because they don't believe the punishments are greater than the money they can make from these situations," Thomas said RNZ has been unable to contact Truong for comment.
Otago Daily Times
14-07-2025
- Otago Daily Times
Illegal Queenstown boarding house tenants told to hide from inspectors
By Bill Hickman of RNZ A man who lived in an illegal boarding house in Queenstown says landlord James Truong instructed tenants to hide from MBIE inspectors as attention on the property grew. The man - who did not want his identity revealed - says he and another person were charged $440 a week to share a small room in a converted shed out the back of the house. Migrant tenants 'easy prey' for landlords The Ministry of Business and Innovation (MBIE) said Truong had been ordered to pay $113,723.56 for multiple breaches of the Residential Tenancies Act as well as refund 40 percent of the rent paid by tenants of an unlawful boarding house. Truong was also issued with a 3-year restraining order from committing any further unlawful acts related to operating a boarding house. The ministry's tenancy compliance and investigations had advised Truong to stop using the building as a boarding house in 2020, but a complaint in 2023 revealed 11 people living in the five-bedroom house and another 11 people housed in two converted garages and a shed. The tenant said he shared a room in the shed behind the house between April and July 2023. "It's like storage but he converted it as bedrooms. There was a microwave, a sofa and two small rooms. So me and my friend is living in that one bedroom and then one Sri Lankan guy is living in the other bedroom. "The shed doesn't have any bathrooms so we need to go inside the house to use the bathroom. Even the laundry is in there so we have to walk from the back of the house to the inside of the house," he said. Landlord told tenants to hide from inspection teams He said - as MBIE began investigating the house - Truong sent texts instructing him to leave the property or stay inside the shed when inspection teams were near. RNZ has seen texts from Truong instructing tenants to remove food from fridges, dismantle beds and put their clothes in plastic bags ahead of inspections. "He is messaging us to hide in the shed. He had cameras so he can see if it's MBIE. So he is messaging me saying 'ok don't go out from your room just stay there until I say so'. It's like we were doing something wrong," he said. He said five Indonesian people living in the garage were kicked out with only a night's notice once Truong learned the house was under investigation. Tenant didn't know he was being exploited Being new to country, the man said he was not sure whether the living situation was normal. "I don't know the kind of rules and it's really hard to find an accommodation so I thought like 'maybe that's how it works here'. So we don't know that we are getting exploited," he said. He said Truong would "pursue" the tenants with texts and sudden visits and - as attention of the house grew - he attempted to pressure tenants to sign letters indicating they agreed to live in the spaces willingly. The tenant said MBIE had tried to contact him but he did not respond because he was scared of losing his accommodation. Penalty reflects the seriousness of offending - MBIE National manager for MBIE's Tenancy Compliance and Investigations Team, Brett Wilson, said the penalty was not the largest order issued by the Tenancy Tribunal but the amount was reflective of the number of tenants involved and the seriousness of the issues uncovered. Wilson said the amount of rent to be refunded to the tenants was still being determined and appealed to any people who had lived at the property under Truong to get in touch. "MBIE expects all parties to comply with Tenancy Tribunal orders. Mr Truong has engaged with us so far and we will be working with him to arrange payment. In these cases our priority is to ensure that tenants receive the money they are entitled to and we will take all appropriate steps to make sure that happens," Wilson said. He defended the nearly three years between Truong being told not to use the property as a boarding house in 2020 and the investigation following complaints in 2023. "We do try and follow up cases as frequently as we can but with 600,000 estimated rental properties in the country we aren't always able to follow up cases as promptly as we would like to," Wilson said. Inaction reinforces 'cowboy culture' in rental market Renters United president Zac Thomas said the time between Truong being told not to run the property as a boarding house in 2020 and the eventual penalty - nearly five years later - reinforced a "cowboy culture" of non-compliance with housing standards. "When you do the math behind what this landlord must have made from 22 people over the space of nearly five years. We're looking at around $450 a week in fines. They would have made much more than that from the rents that were being paid by the tenants. It's absolutely crazy," Thomas said. He said until the housing crisis in places like Queenstown was addressed, tenants would continue to be taken advantage of by unscrupulous landlords. "We're seeing more and more cases like this because of the reintroduction of no cause evictions. Tenants are too afraid to speak up - at least they did so in this case over time - but throughout the country, time and time again - we see tenants too scared to stand up for their basic rights," Thomas said. Thomas said the Tenancy Tribunal was not properly resourced to address the scale of the problem in New Zealand. "This should've never taken five years to get to this stage. It's disastrous for our international reputation - in the heart of our tourist capital. "This person should never be able to be a landlord again. [The penalty] is a slap on the wrist compared to the consequences that there should be. "Until we have proper punishments for landlords we'll continue to see this cowboy culture where people push up against the law - go past the line - because they don't believe the punishments are greater than the money they can make from these situations," Thomas said. RNZ has been unable to contact Truong for comment.
