*This picture in this story was corrected because the original photo identified the wrong property.
A tenant says problems with his neighbour began the day after he moved into this Grey Lynn property. Photo: Screenshot / Google Maps
An Auckland renter who reported 25 incidents involving neighbouring tenants, including finding a person hiding in his ceiling cavity and threats of violence, is to be compensated.
The man and his partner moved into a Grey Lynn unit managed by Central West Property Management in April 2023.
The unit was one of three in a converted weatherboard house, which shared a common yard.
The tenant told the Tenancy Tribunal that problems with the tenants at Unit 3 and their associates began when he had a washing machine delivered to his doorstep the day after his tenancy began.
He said he saw a man take the washing machine and roll it into Unit 3. He involved the police, and the washing machine was recovered.
He then installed a security camera to monitor his doorstep and in the common area in front of his unit.
On multiple occasions, people were recorded urinating on the wall of his unit, peering through his windows and exposing themselves to the camera. People were also repeatedly recorded looking in the tenant's letterbox.
The tenant told the tribunal the people on the CCTV footage were the same people he regularly saw coming and going from Unit 3.
In a more serious incident, he heard loud noises in his ceiling and when he investigated, he saw a person he recognised from Unit 3, trying to hide.
The person returned to the ceiling hatch for Unit 3 and the tenant called the police, who took one person into custody.
On another occasion, an acquaintance of the tenant at Unit 3 approached him and said, "Suck my d... Next time I see you I'll beat the s... out of you..."
In total, the tenant reported 25 incidents with people he could identify from Unit 3, some of which he said he never received a response from the landlord about.
He sought reimbursement for spending to protect his privacy and property, including the CCTV camera, opaque film to cover his windows, and locks for his letterbox.
He also asked the tribunal to order a rent reduction because he didn't feel he could use the common area, go outside or leave the property without risking offences against his partner or their property.
On multiple occasions, people were recorded urinating on the wall of the tenant's unit, peering through his windows and exposing themselves to the camera. (file image) Photo: 123rf
For the landlord, property manager Scott Hickey said, although he didn't question the tenant's account, the security camera he had installed couldn't see people coming and going from Unit 3.
Hickey said he had responded to every report from the tenant and had served several 14-day breach notices on the tenant at Unit 3.
He believed he had taken all reasonable steps to ensure the tenant's reasonable peace, comfort, or privacy was not interfered with.
In a recently released decision, tribunal adjudicator C Lamdin said some of the incidents the tenant reported were serious and formed a pattern of harassment.
Because of the frequency and seriousness of the incidents, the landlord had an increased responsibility to the tenant but had not taken all reasonable steps to protect his peace, comfort and privacy, Lamdin said.
"Locks for the letterbox, opaque film for windows and CCTV cameras are all standard security devices that the landlord could have employed.
"CCTV cameras installed and monitored by the landlord rather than the tenant, may have served to deter the offensive behaviour of the tenants at Unit 3...," Lamdin said.
Central West Property Management was ordered to reimburse the tenant $200 for the security camera, $30 for window film, $20 for letterbox locks and $60 for blackout curtains.
The company was also ordered to pay $625 in compensation reflecting a rent reduction of $25 per week from the beginning of June 2023 until the date of the tribunal hearing.
- This story was first published by Stuff.