Amy wins Goliath tenancy battle

A diminutive solo mum with big attitude has won a landmark court case over her landlord and avoided eviction from her rented Merivale home.

'Wonderful news, unbelievable,” says the pumped up mum-of-three Amy Barlow.


Amy Barlow result 1521 HW 001: Amy Barlow with children Tremain, 9, Jayda-Leigh, 7, and Onyx, 5, have won their eviction battle against their landlord. Photo by Tracy Hardy.

What is 'unbelievable” is after a protracted six-month dispute the Tenancy Tribunal threw out the landlord's order for Amy and her three children to vacate their Mansels Rd Home.

And she won her counterclaim against rent arrears. 'I can tell you I was in tears when I heard,” says Amy, again on the brink of tears.

It's a 'biggy, a real biggy” according to her lawyer Beverley Edwards of Baywide Community Law Office.

'Big, because tenants have rights. And they – the landlord and Tauranga Rentals – didn't think that. 'They thought ‘I am the landlord, it is my property and I call the shots'.”

But the law protects tenants, and Beverley says landlords need to understand that.

But before any understanding, before the smoke has cleared, there's another salvo from the landlord.

'He's had enough of Amy,” says Dan Lusby of Tauranga Rentals, agent for the owner. 'I hate to say it but she's been difficult right through the whole process.”

Dan says Amy thinks everyone is against her, and should leave her alone to do whatever she pleases.

'And if this is how tenants are going to be then the landlord would rather get out of the business.”

So he's put the house on the market. And Amy and her three children may still be out of her home.

'It came out of the blue. A realtor calls me and says he wants to do an appraisal of our house,” says Amy.

'It's for sale. No heads up from the property manager or the owner – no courtesy call. That's how they work.”

For their part, Tauranga Rentals says Amy is making even this process difficult for them.

'That's what I mean. Tenants have rights but they have to be reasonable about it.”

Beverley is a seasoned lawyer, she was expecting retaliatory action – but she was betting her bottom dollar on a 90-day notice of termination of tenancy.

'And I would defend that one – that action would be in retaliation for Amy winning this one.”

So it just gets meaner. It's a tenancy dispute that came to a head over a fence, a boundary fence that – according to Amy – teetered dangerously after a storm. She was worried for the safety of her children.

Then it was blow for blow. The landlord didn't fix the fence so Amy withheld $60 of her rent each week to force the issue.

The landlord filed an eviction notice and a claim for rent arrears. Amy filed a case with the Tenancy Tribunal. 'A tribunal which is experienced in dealing with parties that are not on an equal footing.”

And that's why it's such a landmark case. 'It's a real David versus Goliath story with a great outcome for all tenants” says Beverley.

That's because the adjudicator ruled Amy had 'presented her case clearly and effectively”. Effectively, she was the winner – the small woman who stood up and won.

The adjudicator ruled Tauranga Rentals and the landlords Kevin and Liz Devitt pay Amy $990 compensation for failure to repair the fence, minus the $710 Amy withheld from her rent.

That leaves $280 payable by the landlord to the tenant 'less any other amounts owed by Amy to the landlord and not covered by the tribunal order”.

'How's that?” asks Beverley. 'And they thought they could evict her.”

'That $280 is going to disappear” warns Tauranga Rentals property manager Dan Lusby. He wants to recover $200 on an eviction order even though it was thrown out and 'other outstanding issues” like water.

'She's going to catch up on all her debt – that's what's going to happen as far as we are concerned.”

And in a counter punch Beverley warns: 'They would be very wise to leave her alone for a bit. Amy pays her rent and she's a very good tenant. Why are they going to harass her?”.

And there's a salutary lesson for landlords and property managers. 'This wasn't just a blocked drain,” says Beverley.

'The damaged fence was something that materially affected her use of the property. It also presented a danger to her children and for the landlord to ignore it, as they did, it's warning to other landlords: If your tenant, in good faith, contacts you to remedy a situation, it is not wise to ignore it.”

Tauranga Rentals doesn't believe things could have been done any different or any better. 'It was just unfortunate the fence took so long to get sorted.”

Beverley's expectations of this case weren't good. 'But it's a great result for all tenants.

'We are talking about people's homes and attacking someone's home is serious. Amy is a little woman with three kids but she still found the will to fight and win. It's remarkable.”

That's not how some SunLive readers saw this story playing out when we first published Amy's predicament.

'Tenants like Amy get it into their heads that they are entitled to something,” said Freedomkiwis.

'21 days in arrears – gone burger,” said Robert.

'Tenant is in the wrong,” said MissMe.

'You gotta go. The landlord is not running a charity for needy tenants,” said Yogi Bear.

'Hope she (Amy) was kicked out,” said Kenworthblogger.

'Glad you name her so if she is evicted other landlords are forewarned,” said LeeW.

But the Tenancy Tribunal ruled Amy was 'entitled”, she wasn't a ‘gone burger', she wasn't 'in the wrong”.

And importantly for Amy, her name and reputation remain unblemished. 'I'm 36 and have a pristine tenancy record and it remains intact.”

She loves her home of three years but the ordeal with her landlord and property manager has 'made it yucky for us”.

She'll use the time to find an alternative house suitable for her family and not one that's simply 'available”.

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38 comments

Congratulations Amy and kids,

Posted on 22-05-2015 10:51 | By robin bell

No doubt the ruthless,bloody minded,greedy in our society will revel in the certainty that sooner or later you will have to move.You are a credit to yourself and your family,by contrast the landlords representatives and those commentators named are a disgrace to common decency. Robin Bell.


Congratulations Amy

Posted on 22-05-2015 10:57 | By wannabeme

So proud of you for fighting for your rights. Those people that made derogatory comments about you in the beginning will be eating their words and ill even bet they are mortgaged up and think because they owe thousands of dollars to the bank and not actually own their own home the bank does that they can sit in judgement. They to are renters.Just because you are a tenant does not make you an idiot. Hope all goes well for you from now on.


Should have been sorted

Posted on 22-05-2015 11:10 | By Surfwatch

Goodwill by both landlord and tennant should have had this matter sorted much sooner. Now no one wins.


A battle or a war, a victory or

Posted on 22-05-2015 12:06 | By Murray.Guy

Surfwatch, I agree. I sense that too many have the predetermined attitudes and mindset of Robin Bell which serves only to divide and further erode, in this case, relationships between property owners and tenants.


Brave Mum

Posted on 22-05-2015 12:25 | By Dollie

What a surprise and delight you are Amy and so is your lawyer. It must have felt like a David and Goliath battle. I hope there is a landlord reading this that has a lovely home for you and your children. Best wishes for the future.


About time

Posted on 22-05-2015 13:01 | By Towball

The tables were turned . I rented a house a few years back before buying and the letting agent tried to tell us we hadn't cleaned the shower , much to our alarm as we are very clean people it turned out to be Rot on the bottom of the formica . Then told us we were responsible . Get real ! . Letting agents do their up most to do you out of your bond regardless . Selfish pigs . More should be done to support tennant !.


Murray Guy,

Posted on 22-05-2015 13:04 | By robin bell

your pontifications are always interesting but usually inaccurate.I have no power to divide that which is not already divided.I cannot erode where erosion is not already present.You choose to ignore the people "named" in this article,I choose to oppose them. As for yours and surfwatches reference to "goodwill", this young Mother was portrayed as the "demon" by all the above plus more.Goodwill can only come from those with a little power,in the first instance she had none.Then she had to fight for her rights,and won.That is what causes division Murray. Robin Bell.


I agree @surfwatch

Posted on 22-05-2015 13:17 | By RawPrawn

There is no real winner here, just the further widening of a gulf.


Where s the Goodwill.

Posted on 22-05-2015 13:18 | By sangrae

Maybe if the Property Manager had shown a bit more commonsense and put pressure on the land lord over the fence this would not have got to the stage it did. A case of small man syndrome perhaps not every body is above the law.


No winners here

Posted on 22-05-2015 13:21 | By morepork

Surfwatch has expressed it correctly;goodwill could have solved this. And it does, for many tenants who behave reasonably and communicate with their Landlords about issues on the property, in a non-hostile way. If the letting agents took no notice Amy should have contacted the landlord directly and asked him to come and look at the fence. It doesn't have to be "Us and Them". Amy had no right to withhold rent whatever her issue was. The Landlord should have fixed the fence or faced a small claims Court action. Instead, it became an escalation of hostile actions, and once Lawyers get involved they are the only ones who win. Their viewpoint has to be adversarial and compromise is not part of it. There are many "good" landlords who care about their property and their tenants; I hope Amy and her family find one of those.


Robin, your being deliberately inflamatory I believe.

Posted on 22-05-2015 13:46 | By Murray.Guy

I have no power to divide that which is not already divided. I cannot erode where erosion is not already present, say Robin Bell ... Absolutely incorrect, as we can all choose to be a part of the healing or a part of the disease. Robin chooses the latter. No, I have not ignored the folk party to the issue, just choose not to malign them based on an ugly predetermination and no actual facts. You think Amy has won, in itself tells of your short-sightedness and bias. There are no winners, only losers.


Good luck

Posted on 22-05-2015 14:01 | By @)---}-

finding another rental .. could have fought this fight differently and lawfully many other ways. Don't think any landlord who knows your name will want you in their property - and am sure agencies will be well aware of who you are too!


Murray,

Posted on 22-05-2015 14:38 | By robin bell

the "healing process" you refer to is something I engage in every day of my life,not just words Murray but actions.The onus was not only on Amy to take action but the landlord or agent. They failed her,NOT the other way round. The court confirmed this.She has actually won Murray,although it is true to say that those who determine the final outcome will probably ensure their pride and ego's rule.Amy on the other hand has surely learned much, in that she is a winner. Robin Bell.


A Good Win

Posted on 22-05-2015 14:41 | By Jitter

I don't know Amy but she put up a good fight against Tauranga Rentals and the landlord. On the face of it they both sound very arrogant and ignorant of a tenants rights. The little "man" wins at last. I hope Amy and family find another suitable rental property before their current one is sold.


lost the war.

Posted on 22-05-2015 15:32 | By Glen Clova

You might have won the battle but sorry to say lost the war Every landlord and renting agent will have your card marked.


seesee

Posted on 22-05-2015 16:51 | By SeeSee

She may have won, in some peoples view's, but, I don't think she has done anything to be over proud of, if that is how she feels. Surely, both parties could have got together and sorted it all out by now, in a polite way. Arrogance seems to be the big problem though, I have my rights and all that sort of thing. I pity the next landlord she has.


Rights?

Posted on 22-05-2015 17:30 | By sojourner

"Tenants have rights but they have to be reasonable about it" ???? NO THEY DON'T have to be 'reasonable' about their rights. Rights are rights, black and white, just like owners have rights black and white, in contract, on paper, set in stone. Landlords are becoming more greedy by the minute, more uncaring about the rights of tenants who pay landlords' mortgages. It's absolutely immoral and criminal without any end in sight. Good on you Amy. I hope you find a better home soon so you can live in peace and raise your children safely.


Great win Amy..

Posted on 22-05-2015 18:00 | By kiwigrunt

These rental agencies are such"overlords", thank god i own my own home. A friend of mine bought me one of the TR applications, couldnt believe the non related, personal information they wanted.


Who wins?

Posted on 22-05-2015 19:06 | By How about this view!

There is now another rental property on the open market, who knows if it will remain a rental property after the sale? And, we now have a family that MAY need to seek other accommodation from other local landlords. Don't kid yourself if you think that will be an easy task, as undoubtedly letting agents talk OPENLY with one another and I'm quite convinced that there will undoubtedly be landlords out there that will be instructing their letting agents to steer a wide course around this potential tenant and her blameless children.


Tenants have rights ...

Posted on 22-05-2015 20:00 | By YOGI BEAR

So do landlords, but clearly getting paid rent is not one of them, so why bother renting houses in that situation, when the tenant decides when and what to pay. So less houses to rent, more rent for tenants to pay, she is not helping the cause of many a tenant i.e. rent increases.


Pristine tenancy record,

Posted on 23-05-2015 10:35 | By robin bell

but not good enough.Amy rents a property, lock, stock,barrel and FENCE. The fence is damaged and dangerous,remedy, landlord fix fence or reduce rent until fixed. Landlord admits fence took too long to fix, court agrees. Person to blame Amy. Why? because Amy decided to withhold PART of the rental,Amy is vulnerable,Amy has no power, Amy is just another pawn in the same old power game.She has won alright and is welcome to rent any of my properties any time.Why? because she took on the bullies and won with dignity. Robin Bell.


Well Done Amy!

Posted on 23-05-2015 10:36 | By Baystyle

Yours is a huge victory for all the bullied tenants out there. It takes guts to stand up for your rights. Whatever happens in the future you can be proud of what you did here. Landlords have a responsibility as do any other business owners and hiring an agency just to make problems disappear is not honouring your obligations. Next time just fix the fence! As my wise friend says; if you don't like penalties don't play rugby.


I'd place a bet.........

Posted on 23-05-2015 11:04 | By groutby

...on there being a lot more to this than just "tenant witholds rent in lieu of fence not being repaired"...though this was the question, and possibly the only question the tenancy tribunal were asked to rule on...the interim outcome was you could say successful for the tenant, but in the end she will be looking for another property to rent which will now be particularly difficult I would say. No party has won here, but I do think there are other underlying issues here we are not informed of.


I'll take your bet groutby.

Posted on 23-05-2015 12:26 | By robin bell

What your really saying is Amy committed other "crimes" or the Landlord did. Which is it groutby? There is no mention of anything, perhaps its your "inventive" mind at work again.Name your stake, I'll better it. Robin Bell.


Sad day

Posted on 23-05-2015 12:46 | By Waydgo

Now we know why so many private property owners are choosing to sell up and not provide subsidised housing for those that can't afford to buy their own...most "landlords" are people willing to take Hugh risks so people like this have a roof over their heads.


Robin....

Posted on 23-05-2015 18:38 | By groutby

Nothing "inventive" going on in my mind here (again?), simply factual and could be from either party I would say. I don't intentionally put any specific aspect on my comments as some do,for example a racial aspect, just realist, there seems to be an awful lot of "fuss" over solely a fence dispute...no more no less.


Congrats!

Posted on 24-05-2015 08:34 | By Conzar

Congrats on the victory in court! I was very surprised by the decision as I just assume the landlords are in it with the courts. That being said, the position of most renters is of disadvantage. The rents are generally covering the landlords mortgage which to me is a crime against lower income people. They will never be able to financially buy a house due to not being able to save. Its become out of reach for all too many kiwis. Which has created this underclass that is abused by Landlords or should I saw slumlords because that is what they really are.


groutby,

Posted on 24-05-2015 08:41 | By robin bell

Perhaps i'm a little unfair here but really "simply factual and could be from either party "seems a little wishy washy to me.My "beef" is not with you but with those who in the original article jumped in boots and all to denigrate Amy. Nasty,unnecessary,spiteful comment from the usual "clobbering machine" that sadly more often than not does contain racial slurs. Robin Bell.


Conzar

Posted on 24-05-2015 11:37 | By YOGI BEAR

Interesting, it has nothing to do with landlords, the fact that a tenant can not save a deposit, there can be many reasons for that, some good and some bad. The lot of a landlord is hard, the Tenancy Tribunal is very much one sided indeed. There are many fair and reasonable landlords out there, yet the Tenancy Tribunal still protects those naughty repeat offender tenants.


A Tenant's Point Of View

Posted on 25-05-2015 16:41 | By Mommatum

I am also a low income tenant, but one who believes in the old fashioned principle that you do not withhold rent to force a landlord's hand. I am also mature enough to understand the difference between charity and investment, and am appalled at the bitter, childish labeling by some of all landlords as greedy and uncaring. Private rentals are not charities, and the owners are entitled to a return on their investment. Yes, market rent is difficult on a low income, but that needs to be addressed at government level in a way that is fair to both parties. Scapegoating people who for the most part are actually providing a roof for many of us who aren't in a position to buy achieves nothing, while antics like Amy's make it harder for others on a low income to find accommodation.


landlords side

Posted on 28-05-2015 18:11 | By swt3

I am a Landlord myself, & although I don't agree or disagree on this ruling, I have had my fair share of unruly, digusting tenants in my home. they have neglected to even pay rent to make arrears increase, & I still have had to give them so much warning prior to evicting them. Then, the house is in a mess, a pigsty, to say the least. It costs me from loss of rent, then the repairs add onto it, which seems to give the tenants the right to do whatever they like. You might say , go to the Tribunal, where does that get me. More expense, & time wasted.


I feel sorry....

Posted on 29-05-2015 00:34 | By GreertonBoy

For the landlord. If I were him I would sell also and choose to invest elsewhere... We have all heard horror stories of destructive tenants (I am not talking about Amy) where landlords have bought a house to rent out, only to have it trashed time and again. A house is a huge investment and tenants are capable of destroying it in seconds (again, not talking about Amy) so to me, the risk of damage and the cost of rental insurance as well as wear and tear, it is a wonder any landlord rents a house to strangers. I wouldn't. I hope the landlord finds a better, less risky investment in the future. Amy may feel she has won, I don't think so, everyone has lost, which is unfortunate. I am sure many other landlords will be thinking of selling up asap..... Sad all round, the lawyers profit tho


Withholding rent is not OK!

Posted on 02-06-2015 09:49 | By MissMel

http://www.cab.org.nz/vat/hle/rt/Pages/Tenantlandlordissues.aspx Under no circumstances should you withhold rent to get repairs done, because if your rent gets more than 21 days behind, the landlord can ask for a termination of your agreement. I hope the Landlord/PM will appeal.


Who says so missmel?

Posted on 03-06-2015 13:22 | By robin bell

I suggest you do the math.$710 @ $60 per week is around 12 weeks, to fix a broken fence. Yet Amy is in the wrong according to you.The fence could, and should have been fixed within a month. Regardless of any action Amy may have taken she would have been judged (as she was by you) the party at fault. The court disagreed big time. Which simply proves that " under NO circumstances" can tenants be bullied. Robin Bell.


the rights...

Posted on 04-06-2015 22:01 | By GreertonBoy

of tenants and landlords should be equal? The landlord takes a big risk to invest in buying a house and risk having a stranger have full use of it unsupervised. There were other better methods of getting the fence fixed without withholding rent? So this ruling in Amies favour means if someone has a dripping tap, they can withhold some rent until it is fixed? If the driveway has a pothole the tenant should withhold rent? I cant believe this precedent would be set? I cant believe anyone would invest in the rental market, I am sure there will be less prepared to after this.


Amy, your reputation...

Posted on 07-06-2015 22:24 | By Blessed

has got a strike against it even tho you won this case. Landlords reading this will be worried you might do this to them. I dont know why the fence was not fixed, it should have been. having media involved in issues like this is never good, I truly wish you Luck, however i do wonder how your landlords are doing... bit hard to know what the real reasons behind this outcome is... Take note landlords and tenants. Learn to RESPECT each other and work TOGETHER, and make sure estate agents actually do their job.


Really

Posted on 12-06-2015 10:03 | By altr3053

So I am young. for 5 years (starting at 16 I worked damn hard to save for my house deposit which i did at the age of 21 and bought my first house. my circumstances changed and I moved away from Tauranga and rented my property out. Do you know how hard it is leaving your pride and joy (the house) that you have worked so hard to get go and let someone else live in it while you go and rent somewhere else... And this is NOT just me I know plenty of others in the same boat as me, so don't think oh the landlords can just fork out for all that missing rent! When my tenant misses a week (often) I have to pay 2 rents that week and not to mention the damage they have left!!


balanced decision?

Posted on 17-06-2015 09:17 | By ban1080

Without knowing the true particulars of this case I can offer an insight from my experience with renting properties and the tenancy tribunal. Many of tenants that I have actually had will lie to me in some manner before (falsified documentation) during or after a tenancy. If a demand is made of a tenant to for example pay the rent as agreed alot of cases a knee jerk reaction is to start claiming problems with property that didnt exist until they were asked to honour their agreement. The tenancy tribunal in my experience is very very bias towards the tenant. The landlord is generally expected to provide evidence andthe tenant however only has to provide a story. I have had on occasion an adjudicator discover a complete fabrication by tenant and 10 minutes later declar to me I see no reason why I shouldnt believe the tenant. Fair? Never.


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