Upon entering Ranga Sumanasekera’s rental property in Manurewa, the first sight that greets you is dog faeces and soiled nappies scattered across the floor. A rancid smell from rotten chicken left in the fridge permeates the air, marking just the beginning of what Sumanasekera describes as a “shocking” and “disgusting” scene, Stuff has reported.
Sumanasekera, a landlord increasingly frustrated by tenant behaviour, says this is the third property he has owned that has been left in an uninhabitable condition. During a walk-through of the property, an overflowing toilet, carpets soaked with waste, an overflowing laundry, and signs of drug use were all visible. Outside, the backyard is overgrown and littered with debris, while an eviction notice and an animal welfare notice hang on the front door. A malnourished dog, allegedly left chained in the yard, adds to the grim picture.
Sumanasekera remains unsure whether his tenants had been living in these conditions or if the mess was left after their eviction. This property is one of several that have suffered extensive damage; a previous home required $80,000 in repairs after being left in a similar state. The tenants in that instance were ordered to pay $18,000 following a Tenancy Tribunal hearing, but Sumanasekera says he has yet to receive any of that payment.
Landlords like Sumanasekera often find themselves bearing the costs of property damage, despite popular perceptions that landlords are wealthy. “A lot of people think landlords are rich and have plenty of money, but most of us have mortgages and other bills,” he told Stuff.
The Ministry of Business, Innovation and Employment’s Paul Coggan clarified that Tenancy Tribunal orders are legally binding. However, recovering the debt is the creditor’s responsibility. If a tenant fails to comply, landlords can seek enforcement through the courts.
The current limit on Tenancy Tribunal orders is $100,000. For damages caused by tenants or guests, landlords can only claim up to either four weeks’ rent or the insurance excess, whichever is lower, Coggan notes. The Government has introduced legislation to reverse certain rental law changes, including a proposed return of 90-day “no-cause” termination rights for landlords. This bill is currently with the select committee and could take effect in early 2025 if passed.
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