By Catherine Hutton, Open Justice reporter of 
A hunting knife, bong and gun were among the items found during a flat inspection. (File pic) Photo: Mr.Norasit Kaewsai
A landlord who ordered a tenant to leave so he could renovate the kitchen failed to mention he had found a gun, bong, hunting knife and cannabis plants at the property.
A recent Tenancy Tribunal decision found not only did the landlord not talk to tenants about the items that were found and photographed during a flat inspection, but the tenants only became aware of their existence during a Tenancy Tribunal hearing.
At issue is whether the landlord terminated the tenancy without grounds. The tribunal has now found he did but Ray White Remuera, which managed the property on behalf of landlord Yan Chen, is appealing the decision.
According to the recently released decision, the 12-month fixed-term tenancy began in September 2023.
In June, two tenants gave notice, saying they intended to move out the following month, but the third tenant and a flatmate indicated they wanted to stay until September.
The landlord refused the third tenant's request, saying he wanted to renovate the kitchen. As a result, the decision said the tenant was left homeless after failing to get into emergency housing.
A gun, a knife and a bong
The decision said at January's hearing it became clear the "driving reason" the owners didn't want the man to stay was because of items found and photographed by the property manager during a flat inspection in June 2024.
These included a gun, a hunting knife, a bong, some dried green leaves inside the house and cannabis plants in the backyard and on the deck.
Neighbours had also complained about a cannabis smell coming from the property.
The tribunal's decision said none of these items were reported to police and concerns weren't raised with the tenants.
It said the landlord didn't produce this evidence until near the end of the hearing and deliberately failed to give the tenants this information in advance.
Despite being taken by surprise and put on the spot, the tenants "calmly confirmed" the alleged cannabis was in fact hemp plants and therefore legal, the decision said.
The gun was an airgun and so also legal and the bong belonged to a past tenant who'd already left the flat and said he used it to smoke tobacco and "a bunch of other legal stuff".
The "green stuff" belonged to a flatmate. The decision noted it is not unlawful to own a hunting knife.
It found the landlord's reason for terminating the tenancy in June differed from the one given at the hearing and the landlord's earlier explanation as to why he wanted the third tenant to leave was "misleading and dishonest".
It said the way the landlord produced the "surprise evidence" from the property inspection suggested they believed the third tenant was responsible for the items.
"The owners were concerned [the items] were unlawful and somehow potentially dangerous. To whom I am unsure," the decision said.
The tribunal found there was no evidence the kitchen repairs had to start before the end of the fixed-term tenancy.
"A fixed-term tenancy cannot be prematurely terminated due to renovations", the decision said.
Finally, the decision found as experienced property managers, Ray White should have known it couldn't reasonably refuse the third tenant's request to remain until the end of the tenancy.
The decision found the landlord intentionally committed an unlawful act by giving the tenant notice when he didn't have grounds to do so.
Ray White Remuera sought rent and water rates arrears from the tribunal, as well as a bond refund. The tenants cross-appealed seeking compensation, general damages, exemplary damages and a bond refund.
The tribunal awarded the tenants $12,000, including $4000 in exemplary damages, while the landlord was awarded $1000.
Ray White's spokesperson Thomas Farmer told NZME the tenancy "presented a number of complex challenges".
"We acknowledge there were areas we were at fault, however, we contest the tribunal's overall decision".
No date has been set for an appeal.
This story originally appeared in the New Zealand Herald.
