Key Takeaways
- A tenant, Palmer, was evicted from her apartment due to multiple breaches of her tenancy agreement, including loud parties, antisocial behavior, and damage to the property.
- The landlord, Edward Meili, had received numerous complaints from neighbors about the disturbances and had taken the case to the Tenancy Tribunal.
- The Tenancy Tribunal ruled in favor of the landlord, finding that Palmer’s continued breaches were intentional and not capable of remedy.
- Palmer was ordered to pay $3263 in costs to the body corporate and was terminated from her tenancy.
- The landlord, Edward Meili, believes that the industry has changed and that it is becoming increasingly difficult to find reliable tenants.
Introduction to the Incident
The incident that led to Palmer’s eviction began on November 7, when she hosted a birthday party that got out of hand. Within two hours, police arrived and arrested two of her guests for parole violations. The neighbors had complained about loud music, offensive language, and intoxicated people, and one person had even parked a motorcycle inside the apartment block. The neighbors were so distressed that they requested security guards in the building for the weekend. This incident was just one of many that led to Palmer’s eviction.
The Tenancy Tribunal Hearing
Following another application to the Tenancy Tribunal by the landlord, Edward Meili, a hearing was held, which Palmer did not attend. However, she did provide a statement to Meili, claiming that there had been no loud music playing during the birthday party, that only eight people attended, and that she did not understand why the police were called. But in a recently released decision, tenancy adjudicator Michelle Pollack found Palmer’s version of events did not match the police report filed. The police report revealed that two weeks after the party, two of Palmer’s guests were arguing on her patio, and a distressed woman had to escape by climbing over the balcony and scaling the side of the building to reach the front.
The Landlord’s Perspective
The landlord, Edward Meili, owns and manages several apartments in the Auckland CBD and has seen a change in the industry over his career. He believes that more people are vacating apartments in the CBD to either leave the country or move to more "serene areas". Meili had advertised the apartment for a month with no interest when Palmer contacted him and said she could move in the next day. He said she came with references, which he checked, and that her rent was always paid on time. However, the complaints soon began rolling in, and when Palmer moved out, he alleged thousands of dollars’ worth of damage to the apartment was left behind. Meili was not hopeful that any funds would be recovered from Palmer.
The Tenancy Tribunal Decision
The Tenancy Tribunal decision ruled that Palmer’s continued breaches were not capable of remedy. Pollack wrote that Palmer had done nothing to ensure her guests did not engage in antisocial conduct and behaviors that were "worrying, distressing and concerning" to others in the neighborhood and the apartment building. Palmer also allowed her guests to engage in behavior that resulted in police attending on a frequent enough basis that her neighbors felt "afraid and harassed" by incidents such as the balcony event. The decision also noted that the neighbors were afraid to continue living in the complex. The tribunal was satisfied that the continued breaches were intentional, and Palmer’s tenancy was terminated.
Conclusion and Advice to Landlords
The case highlights the importance of careful tenant selection and the need for landlords to be proactive in addressing any issues that may arise during a tenancy. Meili’s message to other landlords is to "cherish" good tenants, as they are hard to find. He believes that being a good landlord is crucial in maintaining a positive and respectful relationship with tenants. The case also highlights the need for tenants to respect their neighbors and the property they are renting. As Meili said, "Good people are hard to find, so cherish them." The decision serves as a reminder to tenants to be mindful of their behavior and to respect the rights of others in the community.
