No-fault law sees tenant facing eviction after major knee surgery
Desmond Adams knew his upcoming knee surgery would be tough - weeks in recovery and months before he'd walk normally - but what he didn't expect was to be doing it all while facing eviction.
A painter by trade, years of physical labour have taken a toll on the 52-year-old Hamiltonian.
Scans in April 2024 revealed fractures in both knees, with overgrown bone that needed to be shaved. The bone was pressing into a tendon on his left side which needed to be cut and repaired.
"My knees were poking out like nobody's business," Adams said.
Post-operation, doctors told him to expect crutches for three weeks, a minimal amount of walking and no driving for at least six weeks. Full recovery was expected to take four to five months.
ADVERTISEMENT
Knowing how limiting this would be, he made sure to notify his landlord through his property manager well in advance, saying he notified them first in June last year and reminded them at every three-monthly inspection after that.
"At my last inspection in March, I had also reminded them about my surgery," he said. "She said to me, 'Yes, you have mentioned that a lot, and we hope everything goes well'."
Desmond's flat in Whitiora, Hamilton. (Source: Supplied)
Just days on from that inspection, a letter arrived. Adams had been served a 90-day notice to vacate his Whitiora home.
"I felt really gutted, angry, and frustrated. It was like, what's going on here? You guys have known about my surgery for a while, and now you're serving me with this?
"How the heck do you expect me to look for a house in 90 days when I've got surgery, and then about four to five months in healing? I can't actually get out to look for houses in that time."
He says he asked for an extension on the notice to give him more time to heal before trying to move. But he claims that wasn't granted.
ADVERTISEMENT
Recovery on pause
The surgery went ahead as planned but with limited mobility and no ability to drive, Adams had to put his recovery on pause to begin house hunting.
Desmond had to have overgrown bone shaved on both knees. (Source: Desmond Adams)
He has had to rely on Driving Miss Daisy, the ACC-funded companion driving service, to attend property viewings. He's been to 15 so far.
"It's a slow process," he said. "I've got 16 stairs to walk down, and then get into the car, go look at the house and then have to climb those 16 stairs again back to the house with two crutches."
The house hunt has already come at a cost to his recovery and Adams said he "got a growling" from doctors when he went to his three-week check-up after the surgery.
"They saw my knees were bruised, not just from the operation, but they could tell I'd been doing some walking on it. They said 'you're supposed to be resting', and I said 'I can't, I need to find a house'."
ADVERTISEMENT
Adams considered taking the matter to the Tenancy Tribunal to delay or set aside the eviction notice due to the severe hardship it would cause, but he abandoned this bid as under the legislation an eviction notice can only be challenged if it's deemed to be retaliatory. A landlord can serve an eviction with 90 days' notice without giving a reason.
The property manager declined to comment when contacted by 1News.
No-cause evictions
Renters United president Zac Thomas blamed the reintroduction of no-cause evictions by the coalition Government in February.
"When life knocks you down, the law now lets someone take the roof off too. This is exactly the kind of harm the government was told would happen."
Renters United president Zac Thomas. (Source: Supplied)
He described Desmond's situation as "crazy".
ADVERTISEMENT
"I think any New Zealander with half a heart would look at this and say 'this is not the society that we want to live in'."
In a statement late last year, Housing Minister Chris Bishop said the reintroduction of no-cause evictions would "give landlords more confidence to offer homes to tenants who may otherwise have been considered too risky".
"We've heard from many landlords that, without the backstop of 90-day 'no cause' terminations, they were unwilling to take a chance on a tenant who may, for example, not have perfect references or a steady 9-5 job."
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Otago Daily Times
a day ago
- Otago Daily Times
ACC encouraging seniors to attend fall prevention classes
Caroline Upward takes part in a balancing exercise during a strength and mobility class. Photo: supplied A Wānaka local is helping advocate for the importance of strength and balance exercises as ACC launches a new campaign on the importance of classes for those aged 65 years and over. The Community Strength and Balance Campaign is looking to highlight the importance of improving strength and balance to prevent falls. Caroline Upward, aged 69, fell twice while walking the Mt Iron track which prompted her to attend local ACC classes that promised to improve her balance and strength. Despite having done the walk countless times, Ms Upward found herself with a fractured shoulder after the first fall and a ruptured wrist after the second. Having experienced two serious injuries while walking, which had been her main source of exercise, Ms Upward felt a change was needed. "I always thought I was strong, but as I got older, I realised I needed to do more than just walking," she said. "The body doesn't keep going unless you give it attention." That is when she found a senior strength and mobility class in Wānaka through the Live Stronger for Longer campaign. The classes were welcoming, filled with locals who had similar experiences and needed exercises that would help them rebuild their strength. They became a priority for Ms Upward especially as her own 86-year-old mother injured her wrists and hip after numerous falls. She now attends classes twice a week where a qualified occupational therapist takes participants through a range of targeted exercises, working with resistance bands and weights, as well as going through breathwork and stretching. ACC injury prevention leader James Whitaker said falls are the most common cause of injury in New Zealand, accounting for nearly 40% of all ACC claims. "Falls can have a significant impact on a person's quality of life, especially if it results in a fracture, so we want to do what we can to prevent them from happening in the first place," he said. He added that exercises which focus on strength and balance can reduce falls by 20% to 30%. ACC will be campaigning next week to raise awareness of the classes available nationwide which include tai chi, yoga, pool classes, dance classes and more.
Otago Daily Times
4 days ago
- Otago Daily Times
ACC urges caution in snow season
When it comes to snow-sport-related injuries, Otago is king of the mountain. Accident Compensation Corporation statistics show the region had 6697 snowboarding- and skiing-related injuries in 2024 — more than three times higher than Canterbury (2159), Auckland (1259) and Manawatū-Whanganui (1020). ACC injury prevention leader James Whitaker said overall, the corporation accepted 7632 skiing injuries, which came at a cost of $30 million to help people recover, and 5104 snowboarding injuries, which cost $14 million. "When winter comes around, many people head up the mountain and get into skiing or snowboarding after not doing it for a year, and this leads to accidents and injuries," he said. "If you're hitting the slopes, complete a good dynamic warm-up before you do your first run — that will get you ready for the fun day ahead. "You don't want to get injured on one of your first trips to the mountain and spend months on the couch while your mates are heading away every weekend." A loss of balance or personal control was the leading cause of injury ahead of a twisting movement, for both snowboarding and skiing, he said. The knees (2165) and shoulders (943) were the most injured body parts in skiing, while shoulders (875), knees (584) and hand/wrist (569) were the most injured body parts in snowboarding. The age group with the most snowboarding injuries was the 25-29 age group (926), and the 20-24 age group (785) had the most injuries for skiing. The Snow Safety Code urged snow-sport-lovers to know their limits, stop only in places where they could be seen, give others room and to protect themselves by wearing a helmet, obeying all signs and closures and taking regular rest breaks. Mr Whitaker also encouraged people to be considerate of others, especially during busy periods like the upcoming school holidays, when there would be less space. "New Zealand has some of the world's most beautiful places to ski and snowboard, and the start of the snow season is always an exciting time, but ease into it so you can enjoy the slopes throughout the winter season." The Remarkables skifield is expected to open this weekend, while Cardrona and Coronet Peak are expected to open on June 15.
1News
27-05-2025
- 1News
No-fault law sees tenant facing eviction after major knee surgery
Desmond Adams knew his upcoming knee surgery would be tough - weeks in recovery and months before he'd walk normally - but what he didn't expect was to be doing it all while facing eviction. A painter by trade, years of physical labour have taken a toll on the 52-year-old Hamiltonian. Scans in April 2024 revealed fractures in both knees, with overgrown bone that needed to be shaved. The bone was pressing into a tendon on his left side which needed to be cut and repaired. "My knees were poking out like nobody's business," Adams said. Post-operation, doctors told him to expect crutches for three weeks, a minimal amount of walking and no driving for at least six weeks. Full recovery was expected to take four to five months. ADVERTISEMENT Knowing how limiting this would be, he made sure to notify his landlord through his property manager well in advance, saying he notified them first in June last year and reminded them at every three-monthly inspection after that. "At my last inspection in March, I had also reminded them about my surgery," he said. "She said to me, 'Yes, you have mentioned that a lot, and we hope everything goes well'." Desmond's flat in Whitiora, Hamilton. (Source: Supplied) Just days on from that inspection, a letter arrived. Adams had been served a 90-day notice to vacate his Whitiora home. "I felt really gutted, angry, and frustrated. It was like, what's going on here? You guys have known about my surgery for a while, and now you're serving me with this? "How the heck do you expect me to look for a house in 90 days when I've got surgery, and then about four to five months in healing? I can't actually get out to look for houses in that time." He says he asked for an extension on the notice to give him more time to heal before trying to move. But he claims that wasn't granted. ADVERTISEMENT Recovery on pause The surgery went ahead as planned but with limited mobility and no ability to drive, Adams had to put his recovery on pause to begin house hunting. Desmond had to have overgrown bone shaved on both knees. (Source: Desmond Adams) He has had to rely on Driving Miss Daisy, the ACC-funded companion driving service, to attend property viewings. He's been to 15 so far. "It's a slow process," he said. "I've got 16 stairs to walk down, and then get into the car, go look at the house and then have to climb those 16 stairs again back to the house with two crutches." The house hunt has already come at a cost to his recovery and Adams said he "got a growling" from doctors when he went to his three-week check-up after the surgery. "They saw my knees were bruised, not just from the operation, but they could tell I'd been doing some walking on it. They said 'you're supposed to be resting', and I said 'I can't, I need to find a house'." ADVERTISEMENT Adams considered taking the matter to the Tenancy Tribunal to delay or set aside the eviction notice due to the severe hardship it would cause, but he abandoned this bid as under the legislation an eviction notice can only be challenged if it's deemed to be retaliatory. A landlord can serve an eviction with 90 days' notice without giving a reason. The property manager declined to comment when contacted by 1News. No-cause evictions Renters United president Zac Thomas blamed the reintroduction of no-cause evictions by the coalition Government in February. "When life knocks you down, the law now lets someone take the roof off too. This is exactly the kind of harm the government was told would happen." Renters United president Zac Thomas. (Source: Supplied) He described Desmond's situation as "crazy". ADVERTISEMENT "I think any New Zealander with half a heart would look at this and say 'this is not the society that we want to live in'." In a statement late last year, Housing Minister Chris Bishop said the reintroduction of no-cause evictions would "give landlords more confidence to offer homes to tenants who may otherwise have been considered too risky". "We've heard from many landlords that, without the backstop of 90-day 'no cause' terminations, they were unwilling to take a chance on a tenant who may, for example, not have perfect references or a steady 9-5 job."
