Ruling shows boarding house pitfalls

A tenancy Tribunal ruling on a Queenstown case reveals the pitfalls of living in and letting out a mass-occupancy boarding house.

Scores of people in the resort live in boarding houses occupied by more than 20 people - often at least two to a room.

That has caused huge friction with reports of 30 complaints before the rental market watchdog this winter season.

One ruling, on a stoush between Aucklander Stephen Ginn and his landlord, the Chernishov Trust, sheds light on problems for both sides.

Mr Ginn was evicted from the Frankton house he shared with 24 others in October last year.

He complained the eviction was unlawful and made a barrage of claims for compensation against the landlord, Gurian Chernishov.

They include that the landlord ''cleaned the fridge with a floor mop'' and threatened unlawful ''rent penalties'' - including $20-a-week rent increases for failing to do the dishes.

Mr Chernishov was also accused of failing to carry out repairs, leaving building materials around the house, parking vehicles in available spaces, changing locks without notice and failing to lodge Mr Ginn's $381 bond with Tenancy Services.

But tribunal adjudicator Maxine Knowler dismissed all but one of the claims.

''On a full and careful consideration of the evidence, I am left with the overriding view that the tenant was not suited to boarding house life and displayed little ability to compromise,'' '' Mrs Knowler said in her judgement.

The dishes ''penalties'' were never imposed and the threat of them was removed once the landlord was told they were illegal, she said.

The mop had an interchangeable head, although the landlord immediately agreed to stop using the stem for both jobs once asked, she said.

Repairs were carried out within a reasonable time frame; the construction materials amounted to a small number of items on a balcony; and the landlord was entitled to park vehicles in the spots, she said.

Regarding the changed locks, notice was given and ''the tenant was difficult and non-compliant despite the landlord's best efforts to get a key [to him]''.

Mr Ginn was evicted after he went to the landlord's address to complain that another tenant, referred to only as ''Jimmy'', was having a drunken argument in the kitchen.

When nothing was done, he called the police.

Mr Chernishov died before the case was heard by the tribunal, and his wife Robyn-Jane gave evidence in his place.

Mrs Knowler said Mrs Chernishov claimed other tenants were ''fed up'' with Mr Ginn's activities within the house, which had been ''peaceful before he arrived''.

Mrs Chernishov also claimed Mr Ginn had thrown out Bibles and defaced a non-smoking sign.

''Having carefully considered all of the evidence, I accept that the tenant was causing serious disruption to the other tenants and that the landlord was justified [in] terminating the tenancy,'' Mrs Knowler said.

It was found, however, that the bond had not been lodged because of an oversight, and Mr Ginn was awarded $100 for that.

 - by Paul Taylor

paul.taylor@scene.co.nz

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