Key Takeaways
- A landlord, Williams, has been found to have made baseless accusations and racist comments to his tenants on multiple occasions.
- The tenants reported that Williams made derogatory remarks about their nationality and parents, and threatened to enter their property without permission.
- Williams was ordered to pay compensation to his tenants for breaching their quiet enjoyment and disposing of their goods without permission.
- The tribunal adjudicator took into account Williams’ mental health issues, but stated that it did not completely excuse his behavior.
- Williams has a history of disputes with tenants, including a previous case in 2020 where he was ordered to pay over $6000 to two tenants for unlawfully entering their property and damaging their possessions.
Introduction to the Case
The case of Williams, a landlord with a history of disputes with his tenants, has come under scrutiny after multiple allegations of racist comments and harassment. The tenants reported that Williams made baseless accusations and derogatory remarks about their nationality and parents, and threatened to enter their property without permission. The tribunal heard that Williams sent messages with a racial undertone, including telling one tenant to "go to Mumbai" and asking another why they voted for the National party. These comments were deemed to be "rambling accusations and conspiracy theory-type remarks" by the tribunal adjudicator, Joon Yi.
The First Incident
In the first incident, Williams was found to have made racist comments to a tenant at a property he owned in Auckland. The tenant reported that Williams came to the house without permission, took a pair of expensive slippers and pot plants, and threatened to enter the property when they weren’t home. Williams denied taking the slippers, but the tribunal ordered him to pay $500 for the pot plants and slippers, citing a "serious invasion" of the tenant’s privacy. Despite the evidence of Williams’ behavior, the tribunal adjudicator did not order him to pay compensation for the racist comments, citing Williams’ "somewhat evident mental condition" at the time.
The Second Incident
In a second incident, Williams was found to have made remarks with a racial undertone to a tenant at a property he owned in Beach Haven. The tenant reported that Williams accused him of causing damage to the property and made "bizarre" remarks that caused him distress. When the tenant requested an invoice for a water bill, Williams responded with "more strange comments, including one implying racial undertone". The situation escalated when Williams entered the property without permission and allegedly threw the tenant’s belongings out, including a $4000 computer. The tenant applied to be released from his fixed-term contract and was awarded $1500 for exemplary damages and $3000 for disposing of his goods.
History of Disputes
Williams has a history of disputes with his tenants, including a previous case in 2020 where he was ordered to pay over $6000 to two tenants for unlawfully entering their property and damaging their possessions. In this case, Williams was found to have taken away the front door, damaged or caused the tenants’ possessions to be wilfully damaged, and served them with an unlawful trespass notice. The tribunal adjudicator in the current case took into account Williams’ mental health issues, but stated that it did not completely excuse his behavior. The adjudicator noted that Williams’ actions had caused the tenant to fear for their continued stay and had resulted in an extreme invasion of privacy.
Conclusion
The case of Williams highlights the importance of landlords respecting their tenants’ rights and treating them with dignity and respect. The tribunal’s decision to award compensation to the tenants and order Williams to pay damages is a clear indication that such behavior will not be tolerated. The case also raises questions about the need for greater support and resources for landlords who may be struggling with mental health issues, in order to prevent such incidents from occurring in the future. As Jeremy Wilkinson, an Open Justice reporter, notes, the case is a reminder of the importance of holding landlords accountable for their actions and ensuring that tenants are protected from harassment and discrimination.