This article was first published by Stuff.
A property manager who evicted and harassed a tenant because her boyfriend was on bail has been ordered to pay damages of $5500.
Landlord Miriam Gibbs learned her tenant’s partner was on bail after police officers turned up at her house, rather than at the rental which shares the same Mt Roskill property, for a bail check, according to a recent Tenancy Tribunal decision.
The same day, property manager Angela Fahey of Fahey Property Management, phoned the tenant to abuse and insult her.
She called the tenant a criminal and a “piece of shit”, ordered her out of the property by the next day, when she intended to visit.
The tenant responded by text, asking when Fahey would be coming over.
“I would like to have a support person with me as I feel I will be uncomfortable being here with you after the way you spoke to me on the phone tonight.”
“No you have to leave tomorrow I will pay your moving costs…Pack up and go….I will change the locks at 3pm tomorrow” Fahey replied.
When the tenant asked why she was being evicted, Fahey stated that she had reported the tenant to the police and that “I f...ed up you are criminals”.
The Residential Tenancies Act does not state that tenants have a duty to inform their landlords if they are on bail, however the Criminal Bar Association recommends people check for any conditions surrounding this on their tenancy agreement.
The next day, the tenant told Fahey she would not be moving out as she was entitled to a 14-day notice regarding any breaches to her tenancy agreement.
The agreement stated only one person may live at the property, while the online advertisement for the rental said it was suitable for two people.
The tenant said her partner would move out of the property after another bail address was approved. Fahey also asked the tenant to visit her partner away from the rental property.
The day after the tenant said her partner would move out, Fahey emailed her stating he “clearly” remained at the property and she “did not get approval from me to give this property as a parole address for your boyfriend. We are applying for immediate termination”.
The tenant pointed out that had Fahey issued a 14-day notice, it would not yet have expired.
Tenancy Tribunal adjudicator Bryan King said Fahey had “abused and insulted the tenant in the most shameful way”.
She had also “hounded” the tenant about her partner moving out and failed to give the 14-day notice required when alleging that she had breached her tenancy agreement.
King also said asking the tenant to not have her partner visit was an “unreasonable demand”.
“I find that the landlord has committed an unlawful act by interfering with the tenant’s right to quiet enjoyment of the premises in circumstances that amount to harassment.”
The tenant ultimately decided to end the tenancy herself, however King found Fahey’s conduct “intentionally made it untenable for the tenant to remain living at the premises”.
Additionally, her repeated requests for the tenant to leave amounted to unlawful eviction.
“There can be few more unlawful ways to give notice of termination than to do so late at night, accompanied by abusive and insulting behaviour, saying that the tenant must be out by the next day and the locks will be changed.”
She ordered the landlord pay the tenant exemplary damages for harassment and unlawful termination, totalling $5500, and $750 due to the property not having smoke alarms.
- Stuff