Landlord fined for renting out sheds, shipping containers

A North Canterbury landlord has been ordered to pay nearly $30,000 after renting out unlawful buildings, including sheds and shipping containers.

Landlord Breached Multiple Regulations

The Tenancy Tribunal found Madeleine Fee committed multiple breaches of the Residential Tenancies Act 1986. These breaches included failing to comply with the Healthy Homes Standards, obligations regarding smoke alarms, and building health and safety regulations.

Fee also failed to lodge bonds within the requested timeframe, seized a tenant’s goods, and unlawfully terminated one tenancy. Investigators from the Ministry of Business, Innovation and Employment (MBIE) and the Waimakariri District Council identified numerous breaches after an investigation was launched following concerns about a tenant living in a shed.

Did You Recognize? The Tenancy Tribunal found Fee acted with intent when committing the breaches across four separate tenancies.

The tribunal also found Fee interfered with the reasonable peace, comfort, or privacy of some tenants. This interference included an incident where her daughter and others entered a tenant’s home in a “violent manner,” causing “significant emotional distress,” which the tribunal deemed harassment.

The council issued Fee with a notice to fix issues relating to sanitation, a gas installation, electrical work, and a heating unit. According to the adjudicator, Fee’s claim that she was “just trying to help desperate people” was not convincing.

Expert Insight: This case underscores the critical importance of landlords adhering to legal requirements regarding habitable housing. The tribunal’s finding of intentional breaches suggests a deliberate disregard for tenant safety and rights, resulting in significant financial penalties.

MBIE tenancy compliance and investigations team national manager Brett Wilson stated, “Even if some tenants claimed to like living there, that does not excuse the situation. The properties were not lawful residential accommodation.” He added that landlords must meet their legal obligations, and tenants should not face harassment or intimidation.

Fee was ordered to pay a total of $29,216.80, covering both exemplary damages and rent refunds to tenants.

Frequently Asked Questions

What specific breaches did Madeleine Fee commit?

Madeleine Fee committed multiple breaches of the Residential Tenancies Act 1986, including failing to comply with the Healthy Homes Standards, obligations regarding smoke alarms, and building health and safety. She also failed to lodge bonds on time, seized tenant’s goods, and unlawfully terminated a tenancy.

What prompted the investigation into Madeleine Fee’s properties?

The investigation was opened by the Ministry of Business, Innovation and Employment’s tenancy compliance and investigations team after concerns were raised about a tenant living in a shed on one of Fee’s properties, which was not consented for residential use.

What was the total amount Fee was ordered to pay?

Fee was ordered to pay a total of $29,216.80, which includes both exemplary damages and rent refunds to tenants.

What steps might be taken to prevent similar situations in the future?

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