Vast amounts of rubbish and detritus at the state house were potentially attracting vermin and imperilling any firefighting efforts, the tribunal heard. Photo / Ezume Images, 123RF
Vast amounts of rubbish and detritus at the state house were potentially attracting vermin and imperilling any firefighting efforts, the tribunal heard. Photo / Ezume Images, 123RF
Rats, old vehicles, tyres, appliances, illegal structures, trailers, metal, inorganic rubbish, firewood and other material accumulated in and around a state house made the property a fire risk for the tenant and his neighbours, the Ternancy Tribunal has ruled.
The tribunal decision described the situation at the 1000sqm Kāinga Ora property.
The tenant — whose location and identity are suppressed — denied a fire risk or a pest problem but “the landlord’s representative said she had seen rats at the premises in August”.
Hoarding was an ongoing issue, Kāinga Ora — the state housing provider — said.
“The issue with hoarding at the premises goes back to late November 2021. According to the landlord, there have been numerous meetings over several years with the tenant, joined by representatives of a local community trust, as part of unsuccessful attempts to resolve the issue,” the decision said.
Due to the massive accumulation of inorganic material, the landlord’s submission said maintenance could not be carried out, and there were fire risks to the house, the life of the tenant and his neighbours.
Access to the house was difficult and a hazard for firefighters.
The tenant might not be able to escape if there was a fire and there was a risk of a blaze spreading beyond the property, the tribunal heard.
There was additional risk posed by vermin living in recyclable material.
Emergency services might not be able to handle a fire at the state house, the tribunal was told.
The tenant was running a lawn mowing and firewood business from the state home. The grounds were cluttered with old vehicles and appliances, trailers, lawnmowers, recyclables and firewood.
Unauthorised structures had been built that appeared structurally unsound. The tenant parked his vehicles along the street and berm outside the property.
Possessions were so numerous they encroached onto the berm, the decision noted.
The hoarding history went back to August 2017, when the district council issued a cleansing order.
Although the tenant denied using the premises to run a scrap metal business, he acknowledged he fixed lawnmowers in his spare time to boost his income. He confirmed some things were there to sell, and he collected firewood for heating for the next year.
Friends dropped off wooden pallets, which he cut for firewood to save money.
The tribunal ordered him to remove unlicensed vehicles, vehicles being used for spare parts, trailers, recyclable materials and inorganic waste including old machinery, equipment and appliances.
Deconstruction and removal of all temporary structures was also ordered so the premises could be kept reasonably tidy.
Old tyres were at the property, creating a potential fire hazard. Photo / File
It was not appropriate for wood and other inorganic objects to be stored next to a wooden fence, near overhanding trees or vegetation, or against the house, the ruling said.
It noted the tenant, who had lived at the state house since 2014, had attended a telephone/video hearing.
Adjudicator M Edison wrote: “I have listened carefully to the tenant, but I do not propose to respond to everything he told me. I acknowledge the tenant’s uncertainty about what needs to happen to make the premises reasonably clean and reasonably tidy, how this is to be funded, what the timeframe is for compliance, and his view that the premises are sufficiently tidy already.”
The driveway should be clear of objects so emergency services and other residential and maintenance services could gain access, Edison said, and the carport cleared so a vehicle could be parked there.
The man has until Friday to comply with the orders.
A Kāinga Ora spokesperson said the agency expected tenants to maintain their homes and ensure the property was responsibly managed.
If tenants needed additional support, it could refer them to agencies or providers to assist.
In some circumstances, the housing agency could directly offer support for those struggling to maintain their homes.
It said in this case, the condition of the property was unacceptable.
“We have been actively working with the customer to address it. For privacy reasons outlined by the tribunal, we are limited in what we can disclose about this situation.
“However, we have now used one of the provisions of the Residential Tenancies Act by approaching the tribunal to help us ensure the property is tidied up,” a spokesperson said.
Anne Gibson has been the Herald’s property editor for 24 years, written books and covered property extensively here and overseas.
