A Rotorua tenant has been awarded $5800 in exemplary damages after successfully challenging claims made against him by his former landlords, with the Tenancy Tribunal finding evidence presented against him was unreliable.
According to a report by the New Zealand Herald, Michael Waikato moved into a two-bedroom apartment on Ranolf St in September 2024 after being contacted about the rental while living in emergency housing. Facing difficult circumstances and eager to leave temporary accommodation, Waikato accepted the tenancy despite concerns about the property's condition and the weekly rent.
“I said, ‘That’s ridiculous, mate.’”
Waikato said he was assured repairs would be completed and felt he had little choice but to take the property, the New Zealand Herald has reported.
After eight months, the tenancy ended, and Waikato was presented with an inspection report alleging damage to several items in the apartment, including a curtain, door, toilet and oven. The document appeared to contain his signature admitting responsibility for the damage.
The property's owners, Jasu Bhana and Stephen Bhana, acting through the Ranolf Trust, took the matter to the Tenancy Tribunal seeking compensation for damaged and missing chattels as well as property damage, as reported by the New Zealand Herald.
However, Waikato sought assistance from the Rotorua Community Law Centre, where lawyer Meredith Herbert agreed to represent him.
Reviewing the documents, Herbert questioned the authenticity of the signature on the inspection report.
“Michael said, ‘That’s not my signature,’ and I looked at the signature and I said, ‘No, that isn’t your signature, Michael,” the New Zealand Herald has quoted.
Waikato maintained he had never signed the document.
“I thought, ‘I don’t know what’s going on here, but I didn’t do that,” as quoted by the New Zealand Herald.
A forensic handwriting expert was subsequently engaged to examine the signature.
“We thought it was in the public’s interests that we pursue that because, if Michael didn’t sign it, then that’s significant and the findings are certainly quite damning,” the New Zealand Herald has quoted.
According to the New Zealand Herald, tenancy Tribunal adjudicator Mikail Steens accepted the expert evidence, finding the disputed signature and initials were consistent with Stephen Bhana’s handwriting. As a result, the landlords’ evidence was dismissed.
The tribunal instead upheld Waikato’s counterclaims after considering evidence that the property suffered from significant maintenance issues. A Healthy Homes report presented during the hearing identified water damage, mould, draughts, security concerns and broken chattels.
Steens found the landlords had demonstrated a “pattern” of poor maintenance, inaccurate compliance information and failures to provide required tenancy documentation across multiple tenancies, as reported by the New Zealand Herald.
The exemplary damages awarded to Waikato included $4500 for failure to maintain the premises, $750 for failing to provide a chattels list and $550 for providing false or misleading Healthy Homes information.
The tribunal also imposed a six-year restraining order on the Bhanas under the Residential Tenancies Act. The order means any future similar unlawful conduct could result in criminal proceedings, as reported by the New Zealand Herald.
According to the New Zealand Herald, the hearing concluded early after security was called when Stephen Bhana repeatedly interrupted proceedings, according to the tribunal's findings.
When approached for comment, Stephen Bhana rejected Waikato’s version of events, describing it as “false and farcical” with “no evidence whatsoever”. He also claimed the tribunal decision was under appeal, although court officials were unable to confirm that claim, as reported by the New Zealand Herald.
Following the tenancy dispute, Waikato returned to emergency housing before later moving into a newly built Kāinga Ora home, where he has lived for nearly a year.
Having successfully challenged the claims against him, Waikato said he wanted others facing difficult housing situations to know support was available.
“Because of the circumstances I was in, I thought it [moving to the Bhanas’ property] was the best thing,” the New Zealand Herald has quoted.
He encouraged tenants to carefully research prospective landlords and seek advice when needed.
Meanwhile, reflecting on the outcome of the case, Waikato said: “It adds substance to what could have been speculation,” as quoted by the New Zealand Herald.
He also expressed gratitude to Herbert for her assistance.
“It’s amazing, aye. It’s not said enough what effort you put into this, and I appreciate you,” the New Zealand Herald has quoted.