Unwanted and unlawful occupants in St Heliers rental property. / Dean Purcell
Police insist the matter involving illegal occupants in a $2 million St Heliers rental property is a civil matter, despite allegations that the 34-year-old female landlord being told by an occupant that he will pay rent only if she takes off her pants.
Landlord Nina Zhao has applied for a court bailiff to remove illegal occupants - but has been told it could be weeks before someone is available.
The original tenant at Zhao's property unlawfully sublet her four-bedroom property to four different families - each occupying a different room.
"Police have received no reports of criminal offending," a police spokeswoman said.
"If such complaints were forthcoming Police would, of course, investigate and take appropriate action."
The spokeswoman said the origin of the dispute arose from a legitimate tenancy, so the Residential Tenancies Act applies.
The landlady who wished not to be identified arrives at the house she owns in St Heliers where the tenant has been evicted but had sublet the house out. Now these people are refusing to leave. 27 Sept
"The owner has the ability to apply to the Tenancy Tribunal for a possession order, and may already have done so," the spokeswoman said.
"This is enforceable by the bailiff once it is filed in the appropriate office of the District Court."
If necessary, she said the bailiff could call on the assistance of police to remove the occupiers.
"But the matter will remain one within the civil jurisdiction of the law," she added.
Zhao, 34, took the original tenant to the tribunal for rent arrears and damages to the house and the tenant was served a termination notice, which ended his tenancy on July 14.
The state of a property in St Heliers where the tenant has been evicted but had sublet the house out. Now these people are refusing to leave. 27 September 2018 New Zealand Herald Photograph by Dean Pu
While the tenant vacated the house as required, he did nothing about the occupants left in the property.
The tribunal ruled that the remaining occupants were not lawfully entitled to occupy after the tenancy ended.
But they are refusing to move on - and are instead inviting friends to move in.
The New Zealand Property Investors Federation says the police response and long waiting times for a court bailiff is unacceptable.
It is calling for an overhaul of the Tenancy Tribunal.
"After having just celebrated 125 years of women getting the vote and the rise of the '#MeToo' movement, it is incredible that a young woman being told to take her pants off to get rent money isn't an illegal act," federation executive officer Andrew King said.
He said it now took about two weeks for landlords to engage a court bailiff.
"While this used to be free for landlords and take just a few days to organise, it now costs $200 and takes about two weeks," King said.
He said about 70 per cent of applications to the tribunal were for rent arrears, and was taking up a "vast amount" of court time.
The state of a property in St Heliers where the tenant has been evicted but had sublet the house out. Now these people are refusing to leave. 27 September 2018 New Zealand Herald Photograph by Dean Pu
"Landlords should not have to wait eight weeks to get a hearing and an eviction, this is especially true after likely having to wait eight weeks to get the original hearing and possession order," King said.
King said rent arrears cases could be handled by adjudicators outside the court chambers.
"As rent arrears are a non judgmental, factual occurrence, adjudicators could simply check that the evidence is in order and meet the criteria of the Residential Tenancies Act, then stamp it and email the decision back to the landlord," King said.
Over two years, Zhao did not make any property inspections because she didn't think it was necessary.
