An Auckland landlord must pay $14,700 after the Tenancy Tribunal found she failed to lodge tenant's bonds. File photo Photo: 123RF
An Auckland landlord must pay $14,700 after the Tenancy Tribunal found she failed to lodge tenant's bonds and had them entered into prohibited transactions.
The Tenancy Tribunal found Rebecca Jane Allcock committed unlawful acts by not providing the required insulation and insurance statements in tenancy agreements in relation to five different tenancies.
Allcock is the director and shareholder of Mirror Jellies Ltd, previously known as Find A Space Ltd and trading as Find A Space.
The tribunal noted Allcock's business model involved her entering into tenancy agreements to rent properties which she then sublet to tenants on a room-by-room basis.
"The landlord did not reside at any of the properties," the tribunal said.
An audit on Allcock began in February 2022 by a compliance officer from Tenancy Services that led to investigations at many of her properties.
Allcock told the Tenancy Compiance and Investigations Team (TCIT) she did not accept she was a landlord as the tenants were in a flat sharing arrangement.
The tribunal said Allcock claimed to believe her business was "too boutique" for her to count as a landlord, and she should not be penalised for "misunderstanding" jurisdiction.
Tribunal adjudicator Hannah Cheesman ruled 15 breaches had been proven againt Allcock.
"The landlord accepts that she did not lodge the bonds with the bond centre," Cheesman said.
"It's entirely clear the landlord's actions in breaching the requirement for insulation statements and insurance statements, that her unlawful acts in failing to lodge bonds and her unlawful acts in relation to prohibited transactions were intentional."
Cheesman said there was public interest in holding landlords to account and making sure safeguards in legislation to protect tenants are upheld.
"Tenants are in an inherently weaker position when entering into tenancy agreements than landlords.
"Housing is a fundamental requirement, and often rent represents a significant portion of a person's household expenditure".
Being a landlord was a "business", Cheesman said, and business operators had an obligation to know the law and comply with it.
Allcock was also issued a three-year restraining order to stop her from committing further breaches.
