Residents of the 21-bedroom house were mostly made up of ex-prisoners on parole or the homeless requiring emergency housing. Photo: Google Maps
A Tauranga boarding house that had several hot water taps removed, no proper cooking facilities and no heating in the main living room must pay 17 tenants $37,000 in damages for not complying with healthy homes standards.
Edgecumbe House also had no extractor fans in the kitchens and bathrooms and multiple tenants were charged bonds more than four weeks' rent.
An investigation into the boarding house was launched after the Ministry for Business, Innovation and Employment (MBIE) began an assessment in June 2022 of the Edgecumbe Rd premises, which was converted from a rest home to a boarding house in 2010.
A complaint was made and the ministry's tenancy compliance and investigations team (TCIT) met with a tenant who confirmed there was no oven, the heater in the living room was disconnected, hot water taps had been removed from the washing machine and two basins, and tenants were being charged for heating in their rooms.
Residents of the 21-bedroom house were mostly made up of ex-prisoners on parole or the homeless requiring emergency housing.
A site inspection was conducted and the TCIT lodged a complaint with the Tenancy Tribunal which found the house failed to comply with the healthy homes standards for heating and ventilation.
It also failed to comply with building health and safety regulations, and the landlord interfered with the supply of water to tenants and charged excessive bonds on multiple occasions, the 5 March decision said.
Landlord and owner Joseph Oh admitted the extractor fan in the kitchen was not working, two of the bathrooms only had windows for ventilation, the living room heater was disconnected, several hot water taps had been removed because tenants did not turn them off properly, the oven was removed from the kitchen as the power supply was insufficient, and tenants on parole were charged a bond more than four weeks' rent because they often caused damage.
Within a month he replaced hot water taps and installed an oven, extractor fans and a heat pump.
However, tribunal adjudicator John Smith said the heat pump was restricted to use between 6pm and 10pm and later Oh gave control of the remote to one tenant.
A separate claim against Oh in the tribunal was withdrawn.
Smith accepted Edgecumbe's actions regarding overcharging for bonds was misguided rather than exploitative but said making ex-prisoners pay more and the number of times it happened were aggravating factors.
Smith did not accept the referring agencies - Corrections and the Ministry of Social Development - were at fault because they were not subject to the Residential Tenancies Act (RTA).
Each of the tenants was to be immediately repaid between $2000 and $2500.
Oh said he was not aware of healthy homes standards but Smith said ignorance of the law was not an excuse and the rules for boarding houses came into effect 12 months before the breaches were discovered.
"As a professional accommodation provider, Edgecumbe was required to inform itself of its legal obligations and to comply with them.
"I do not accept Mr Oh's explanation that he lacked proficiency in English or that, even if he did, this was an excuse."
Oh said the heater in the main living room broke so he provided heaters in the residents' rooms but Smith said the decision not to replace the main heater was intentional.
Oh thought four hotplates, a microwave and an electric frying pan were adequate cooking facilities and said the kitchen was converted from the garage and the oven was removed because the power supply was insufficient and the fuse kept blowing.
Smith said the new 28-litre oven that had since been installed was similar in size to a microwave and he questioned whether this was now adequate.
In ordering the damages, Smith also issued a three-year restraining order on Edgecumbe House to prevent further breaches.
TCIT national manager Brett Wilson said the tenants were in a difficult situation and all involved were concerned that raising any issues could cause them to lose their home.
"Due to the extent and scale of the potential harm and the vulnerability of the tenants, TCIT felt it was in the public interest to progress this case to the Tenancy Tribunal and we are pleased to have achieved a positive outcome for the affected tenants," Wilson said.
"Boarding houses are a significant focus for TCIT as they often house some of the most vulnerable people who are not in a position to address any tenancy issues themselves.
"A large number of the residents at this boarding house, in particular, have a history of housing insecurity."
