Cornwall Park Trust to appeal in rent stoush

Yong Xin Chen was sued for more than $300,000 for abandoning her Greenlane home (pictured). Photo / NZ Herald

The Cornwall Park Trust board is appealing a ruling that an Auckland property developer doesn't have to pay it $170,000 in back rent.

Yong Xin Chen bought a Maungakiekie Ave house - at the edge of Auckland's Cornwall Park - on leasehold land in 2005 for $450,000 but in 2010 her annual rent increased from an $8300 to $73,750.

Chen attempted to negotiate to freehold the property and adjust the rent if her lease was renewed but vacated the house in November 2011.

Cornwall Park Trust Board, which owns the land, later chased Chen in the High Court at Auckland for close to $300,000 in back rent and repair work on the property, which is now being tenanted.

Chen fought the claim and told the court in May the trust board had not been fair when dealing with her.

In a decision released last month Justice Rebecca Ellis dismissed the board's claim for the backdated rent at the increased amount.

"In my view the claim is not supported by the terms of the lease, property interpreted," the judge said.

While its claim for back rent failed, the board's damages claim against Chen for $119,327 of repair costs succeeded.

Cornwall Trust board director Michael Ayrton said yesterday that it will appeal the decision on the rent arrears.

The board said in a statement that the judge's finding on the calculation of the amount of rent payable needed to be tested by the appellate court.

"Income from ground rents is central to how the Board funds all the operations of the park. It is important for both the Board and the people of Auckland who use the park that we get a clear ruling on this matter," Ayrton said.