Mum’s tenancy feud heats up

Is she the victim or is she the tenant from hell? Amy Barlow is a slip of a woman but she won't be messed with. And she's refusing to be 'monstered” out of her rental home.

For their part, the property managers say she's 'used all her excuses” and is making it impossible for them to be conciliatory and understanding. And they say she's in their debt.


A family facing eviction - Amy Barlow.

It's a typical, bitter ‘he says, she says' dispute between landlord and tenant and one which the Ministry of Justice Tenancy Tribunal will have to unravel.

'I am a model tenant,” insists Amy. 'The property is clean and tidy and the rent's up to date. This is not about the property, I feel it's personal and I won't budge.”

The ogre, the alleged ogre, in this case is the landlord and property manager, Tauranga Rentals. They say it has everything to do with the property.

'Amy Barlow? We only know her as Amy Tame. She's in rent arrears of $930.44,” says Tauranga Rentals principal Daniel Lusby. And that is legal grounds for eviction.

This is just one of 20,000 similar cases adjudicated each year by the Tenancy Tribunal – the Ministry of Justice constituted body set up to settle issues landlords and tenants have been unable to settle.

This case has been festering for months. There's been give-and-take on both sides without resolution. So it's now been added to the tribunal's case load.

Amy's a 36-year-old solo mother with a landlord who wants rid of her.

'But I know my rights,” says Amy. 'I've done my research, I've got my case together and I'm fighting back. I will not roll over. Not yet.”

And when her landlord slapped her with an eviction notice recently it fuelled tensions and Amy counter-punched. She got herself lawyered up, filed with the Tenancy Tribunal and is now waiting for 'her day in court.” That's next Wednesday.

But someone is going to lose – one side could end up out of pocket and the other out of home. So who do you believe? And how do you get to the bottom of it?

'Well, there are always two sides to any story,” says Baywide Community Law Service managing solicitor Beverley Edwards. And this one is no different.

'However, the inequity of the relationship demands landlords and property managers behave with objective professionalism when dealing with vulnerable tenants.”

And Beverley says the current under-supply of suitable rentals in Tauranga further exacerbates the inequity.

Beverley and SunLive were at Amy's Merivale home when the bailiff was due to execute the eviction notice. But she got a stay of proceedings until the Tribunal hearing. She can stay put… for now.

This is a tenancy issue, but according to Amy it came to a head over a fence – a fence between Amy's property and the neighbouring school that teetered dangerously, both ways she says, after a storm.

'It would have killed one of my children if it fell this way or a schoolkid if it fell the other way,” she says.

'I understand she believed there was a danger,” says Daniel. 'But there wasn't. It would have fallen into the school and I can't understand why it took so long to get the right authority from the school to get it fixed.”

But Amy says she took it upon herself to force action on the fence. 'I notified them I would be withholding $60 of my rent each week until the fence was fixed. Three weeks later they had men on the job.”

'The fence was an excuse,” says Daniel. 'And Amy withheld rent for nine weeks between September 25 and November 27, 2014. That's $540, which is part of her arrears.”

'I owe them nothing,” says Amy. 'And I won't reimburse for the shortfalls because for nine months my children didn't have a yard to play in and I had to foot the bills for their entertainment.”

On other occasions Daniel says they'd 'show Amy leniency” with her rent. 'She'd catch up and fall behind again. And if you can't talk and be reasonable then the tribunal is the only option.”

Daniel says that's an unfortunate last resort because a tribunal decision can be a black mark against a tenant when they seek alternative accommodation.

Beverley, a community solicitor, goes into bat for all tenants once more.

'The current tenancy laws aren't protective enough of a deserving tenant who is being harassed by a spiteful or vindictive owner/property agent,” she says.

'One simply has to go on social media to get a real sense of the desperation exploited tenants in Tauranga are experiencing.”

The Tenancy Tribunal will get a real sense of Amy's desperation at a two-hour hearing set for Wednesday.

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50 comments

Wisechief

Posted on 27-03-2015 08:40 | By Wise Chief

I am not sure whether public approve but I am informed by several people who rent locally that every-time these 3 monthly inspections are done which must be raking in massive amounts of money for these oft foreign owned and run tenancy management agencies the agent walks through with phone camera videoing the whole inside and outside of the homes. I mean if this info gets into hands of burglars or others with nasty ideas real despicable issues could arise. How can this be legal for it is exposing what may be very valuable and private property to those who have no rights to know about such stuff regardless of whether they be landlords or their property managers. Such persons can be deliberately targeted by criminals. Heck if it ain't the cops spying on one these days its the landlords and others roundabout, including the local police narks.


Why.............

Posted on 27-03-2015 08:47 | By Smilarkie

...............would you waste your time and money on this. This could be resolved easily if both parties met each other half way. Now they are both having to seek leagal advice and costs, and take time off from their families and work. Whats worng with this picture. Stop wasting all your time and effort on this and meet each other half way, draw a line in the sand and move on. Lifes too short.


What a mess

Posted on 27-03-2015 08:59 | By How about this view!

Why would anyone want to own a rental property? We have some very strange rules in New Zealand don't we. You can plant a tree on YOUR property but have to ask permission to cut it down???? You can generously allow complete strangers to live in a property that YOU OWN but they have RIGHTS to ignore your requests to leave (For WHATEVER reason)???? WHY try and get ahead? We should all just sit on our arses, have lots of kids without a partner and accept free money from the government for doing so.


Expoited tenants

Posted on 27-03-2015 09:14 | By YOGI BEAR

Yeah right, I am sure some are, but equally there are tenants who are as dodgy as. Landlords get a real hard time from some and the law is harsh on landlords all the way. If a tenant is paying the rent, is straight up then there is no issues.


No right to withhold rent money !!!

Posted on 27-03-2015 12:17 | By sharon kingi

Under no circumstances can a tenant withhold paying rent unless it had been agreed upon by the rental agent or ordered through the tenancy services. If i rented out a property and the tenant did this i would want them out as well. The rental agency must have proof of arrears to take it to court.


Pay your way

Posted on 27-03-2015 12:26 | By spencerb

If the claim about the rent arrears is correct then the tenant should be kicked out so the home can be given to tenants who are prepared to pay their way.


Wise Chief

Posted on 27-03-2015 16:09 | By maildrop

Not sure many are foreign owned or run so why bring that up? Suppose you want to ban foreign drivers too? Anyway, sounds like the fence belonged to the school so the landlord has every right to their rent. Some people will look for any excuse to get out of paying what's due and the idea that she had to pay for entertaining her kids because they couldn't play in the yard is laughable. Most kids round there play on the streets. Landlord 1 Tenant 0.


A Fellow Solo Mum Speaks

Posted on 27-03-2015 17:47 | By Mommatum

I started out renting privately as a young solo mum like Amy. As such I'm not sure whether I'm more appalled at her arrogance/sense of entitlement or a system that gives legal "rights" to someone who refuses to pay her rent claiming her landlord owes her for the cost of her children's entertainment. ER AMY, ALL PARENTS HAVE COST INVOLVED IN CHILD REARING. It's a shame that Beverley Edwards of Community Law didn't explain to this dubious client the part of her tenancy agreement about rent payments rather than implying that this is about a deserving tenant being spitefully harassed. The only person I see being harassed (and very spitefully so in my opinion) is the landlord who opened his home to Amy only for her to throw it back in his face. Not only that but she's made it harder in future for real deserving tenants.


Reality Rules.

Posted on 27-03-2015 17:59 | By Robert

21 days in arrears-- gone burger. with holding rent -gone burger She doesn't know the Law and has no rights once she breaks it. Landlords and or agents are required to make regular inspections(which is deemed to be 4 times a year) to maintain their insurance cover and we can be sure that the tenant hasn't any insurance to cover the Landlord if she burns the house down or damages it. Bailiff should have enforced the order. If she considered that something needed doing and the Landlord wouldn't then she could have gone to the Tribunal for an order, she didn't. Not a leg to stand on. Move out with a big red cross on your forehead so we will all recognize you from now on. Tenancy Tribunal rulings are search-able on line for 5 years. Stupid person.


equalism

Posted on 27-03-2015 19:29 | By rosscoo

For the childrens sake a mediated meeting and coming to a mutual resolution in the middle should be reached. There is nothng worse than having to move young family. so if fence now fixed allow tenant to pay a little more to cover the with held amount as reason why with held has been resolved has it not.


Carcass

Posted on 27-03-2015 19:51 | By Carcass

Tenant from hell


Simple fix...

Posted on 27-03-2015 20:35 | By Vuuren

Why can it not just be written into tenancy agreements that if you fall $X amount in arrears you will be evicted without question?..you have X amount of days to ensure debt is paid or you will be evicted in X amount of days... Seems like a simple fix, if I rented out my house I would want the power to evict without question if a tenant was not adhering to contractual obligations of the tenancy agreement.


Troublemaker

Posted on 27-03-2015 20:38 | By LeeW

Glad you named her so if she gets evicted other landlords are forewarned. She sounds like a nightmare.


These Rights

Posted on 27-03-2015 21:21 | By Capt_Kaveman

need to change, i know many that have almost lost their house over rent arrears which becomes mortgage arrears, 9 weeks what a joke she should be warned at 2 out after 4,


She has cooked her goose!

Posted on 28-03-2015 07:44 | By freedomkiwis

I've seen this type of thing many times myself years ago in my time as a property manager. Tenants like Amy get it into their heads that, they are 'entitled' to something they are NOT entitled to. They get behind and then come up with all kinds of excuses. Changing her name when it suits is also a classic ploy these types of tenants use, so all landlords should beware and remember her face.


2nd class citizens

Posted on 28-03-2015 08:13 | By Conzar

Tenets in NZ are considered 2nd class citizens. They are generally treated with contempt as ALL of the comments here prove. Land Lords DO NOT treat their tenets with respect. Generally, the houses they 'gracecously' rent out are NOT fit for others to live. Most land lords are attempting to profit off of these 2nd class citizens. Leaky homes, rent them out. Uninsulated homes, rent them out. New Zealanders should be ASHAMED of how they treat their renters. Its SO BAD, that they set up a separate court to deal with it. Ever think why that is? In other countries, there are not dedicated courts to deal with renter disputes BC in other countries, they actually treat renters with respect and provide good, well insulated, houses. Instead of complaining about renters, you should be complaining about the exploitation of renters.


Tenant is in the wrong

Posted on 28-03-2015 09:17 | By MissMel

I may be wrong, but under the Residential Tenancies Act it is against the law to with hold any rent or part of it. The tenant's correct action was to 1) inform the agency of the storm damage 2) if nothing is done within reasonable time then issue a 14 days notice to fix. In the article it says it took 3 weeks to be fixed - clearly, had she followed the correct procedure it would have taken at least that wrong. Instead, she decided to with hold rent = she breached her obligations as per the RTA. The LL/manager should have just given her 90 days notice, no reason required. The fact she fell behind her rent means 99% of all LL would terminate her tenancy. She uses different names? She has funny Facebook speak and posts? Hmmmm


Witholding rent ...

Posted on 28-03-2015 09:30 | By Murray.Guy

But Amy says she took it upon herself to force action on the fence. 'I notified them I would be withholding $60 of my rent each week until the fence was fixed. Three weeks later they had men on the job.” ... To withhold, hold back, a portion of monies owing is to retain the money for payment at a later date. Has the tenant put the money owed aside?


Wisechief

Posted on 28-03-2015 09:48 | By Wise Chief

The racism slant from self righteous greedy landlords is apparent here and I bet many of them are only in the game because of tax concessions & capital gains plus ample government rent subsidy top ups. Most couldn't & wouldn't have invested in property without these taxpayer state paid incentives. Thus all are vian hypocrites seeking to foist the blame on this single mum who is on a benefit like them too rather than consider her perspective. Do note the rental subsidy in many cases is more than the weekly benefit for those on sick benefits of $208 per week. Yep these can't afford to rent so are mostly homeless and die early before natural time. The CONDEMNED Kiwi's. Thus racial bias shows through as the normal mindset of the landlords of the area. I see even couple of foreigners also come to put the boot in.


Wisechief

Posted on 28-03-2015 10:53 | By YOGI BEAR

What racist slant? We are talking about reality here, the track record, the history the truth. Oh that's right cant let the truth get in the way of a good story now can we. I get it now, same as the myths and legends of part Maori (as Peter stated) they are all made up ... get the picture mate.


Conzar

Posted on 28-03-2015 11:17 | By YOGI BEAR

Second class citizens? People chose their own level at which they wish to reside. In my view Merivale has a sigma attached to it, tenants don't. Some tenants of course are bad, some are good, it is a case of not being interested in the latter as a landlord.


Tenant breached her obligations

Posted on 28-03-2015 13:32 | By MissMel

Wisechief, your hate for LLs is obvious. But how do you excuse the fact this tenant breached her obligations under the Residential Tenancies Act? She didn't pay full rent, as required. She claims this was due to the damage to the fence. She assumed fixing the fence was her LL's obligation - but it could be up to the school to fix - so outside the RTA. If the school took 3 weeks to fix then clearly, the damage was not as bad as the tenant assumes (but no doubt she has expert opinion to produce in the court along with proof all her rent was paid on time). Soon, we will all be able to read the facts and details on MOJ website.


YOGI BEAR

Posted on 28-03-2015 17:52 | By Conzar

"People chose their own level at which they wish to reside." No they don't. The amount of money decides where they reside. And generally speaking, even if you are upper working class, finding a good rental is nearly impossible (speaking from personal experience). The rental market here is of exploitation. The rental managers don't put the effort into properly managing properties because they do not have the time for it. Each agent manges 100 to 200 properties. The system is broken. In the USA, you can rent a very nice apartment (air conditioning, proper insulation, community swimming pool, club house, and 24h maintenance people) for half the price of a rental is here. In the USA, its much cheaper to rent because the rentals are treated as a real business. There is competation amount these rental communities. In NZ, the market is generally old kiwis who got rich housingbubble


@ Conzar

Posted on 29-03-2015 14:28 | By BennyBenson

You've obviously never rented in another country have you. Tenants in NZ have more rights than many other countries. Try renting in the US and not paying your rent? And even a model tenant can forget about asking for their bond back, the landlord pockets it and spends it and makes any excuse they feel like to not have to pay it back.


Overit

Posted on 29-03-2015 15:50 | By overit

I have thought about having a rental but many people have told me they are not worth the trouble. Rates, insurances, etc today must make it hard to come out in front.


BennyBenson

Posted on 29-03-2015 21:26 | By Conzar

Stop with the personal attacks. You don't know anything about me. I have lived in the USA for over 30 years. I rented for about 12 of those years. I never once came across a dirty landlord. Here in NZ, I had the displeasure of dealing with 2 out of 4 corrupt landlords. I also know many people who also deal with them. But they have very little options to get out. As for the rental prices, in the USA, the rent is substantially cheaper than the mortgage. Here in NZ, the rent is right on par with the mortgage. Why? Because kiwis have it in their heads that a 2nd house is a good investment. Thats how people look at it, its not a business, its free money.


WIsechief

Posted on 30-03-2015 03:48 | By Kenworthlogger

What makes you think its raceism here mate? Do you know the land lord? I doubt it. She sounds like the tenant from hell. Most nz rentals are not foreign owned. Most are owned by hard working kiwis who have BORROWED money yes borrowed wisechief from the bank. Trust me if they owned their rental outright there are much easier was to make money than dealing with tenants..... Best you do a bit of research before you open your gob.


@conzar

Posted on 30-03-2015 15:05 | By MissMel

You do realise that rents are way cheaper in the US because their properties cost way less to build? Why is that? Much larger economy, bigger place, not as far away (shipping costs) but most importantly what is their minimum wage? The cost of building a house here along with all permits means the LL must set a rent to give a return - most LLs top up their mortgages. Have you checked this womans' fB page? How do you defend her breach of her obligations?


MissMel

Posted on 30-03-2015 17:03 | By Conzar

You totally didn't comprehend my statement so I will repost. "The rent is substantially cheaper than the mortgage." Why? Because businesses provide the rental housing. Here in NZ, individuals provide the rental housing. This is the main difference. Individuals are trying to make a buck off renters here in nz - its sold to them as a tax right off and a good investment. At the same time, they don't take care of the rental. So poor business (really the lack of business all together) produces poor customers. Basically, the corrupt rental environment breeds such behaviour. If you want better customers, than you actually have to take care of them like a proper business. That means providing houses that at least meet WHO standerds (which about 99% of NZ houses do NOT)!


You are wrong conzar

Posted on 30-03-2015 18:14 | By Kenworthlogger

You are wrong Conzar. MissMel has it totally right. Its all about building costs. Nothing to do with who owns the rental. Clearly Conzar you have been renting at the cheap end of the market.


Do the math

Posted on 30-03-2015 18:19 | By Kenworthlogger

Conzar do the math yourself.. A $400,000 3 bedroom house and land package. Work out the weekly interest and principle payments and then you will see what it comes to compared to rent. Then you will get your answer....


Kenworthlogger

Posted on 30-03-2015 19:39 | By Conzar

Arrogance and ignorance. Most people rent Apartments and town houses in the USA. These exist in complexes and they range from low income to high income. But even with high income, its still cheaper to rent verses buying a high end house. You don't have the frame of reference to really understand this concept. The savings is that business purchase large areas of land and build apartment or town houses. Thats how they can offer rentals cheaper than mortgages. This concept doesn't exist here in NZ.


Rentals Are cheaper in the USA

Posted on 30-03-2015 19:45 | By Conzar

Kiwis seem to fail at understanding how its economically possible that rentals are cheaper than mortages in the USA due to their lack of experiance and information. Kiwis assume a single owner of a single premsis. One must think on a larger scale. Basically, businesses purchase larger areas and build large buildings which are subdivided into a concept known as apartment or town house. The business can offer rental prices much less than a mortgage as they are competing for your dollars. Do you buy a house or rent? In NZ, the ones providing the rentals are just mom and pops who don't value the basic human life. They charge the same price as their mortgage and offer substandard service. That is the kiwi way.


LOL

Posted on 31-03-2015 02:39 | By Kenworthlogger

Conzar Maybe you have forgotten what NZ is like. KIWIS dont want to live in townhouses or condos. They like houses mate!!! Read the paper and you will find thats why there is a shortage for HOUSES. Not apartments. Supply and Demand. Tenants want houses. BIg busineses dont want to get involved in Tenant issues. Just read this very artical and see why.


@Kenworthlogger

Posted on 31-03-2015 12:03 | By Conzar

No. There isn't any other option for kiwis. So you can't say that kiwis want to "rent" houses. Renters want to be able to easily afford their accommodation and that isn't available to them here in NZ. On top of that, renters want a standard of living at least of the level of WHO. The reason for so many children having repository problems is to due crappy uninsulated, cold, damp, and moldy houses. Tenets will behave much differently if they are being taken care of and not being ripped off. I think its very disgraceful that attitudes you people have toward renters and the unjust inequality that is rapidly expanding. Why don't you read the paper about how most people cannot afford to purchase said housing thanks to Kiwis buying and selling houses riding the bubble up. In general, is the 40+ age group that are buying these houses.


Houses

Posted on 01-04-2015 02:44 | By Kenworthlogger

Lots of apartments down the mount mate... I dont remember seeing most American renters living in apartments outside of the city in small towns?? Wonder why that was????


Wrong

Posted on 01-04-2015 02:55 | By Kenworthlogger

I asked Chris at the Rental Managers in Te puke what people were looking for and he told me houses. I suppose he is wrong now Conzar?


back to basics

Posted on 01-04-2015 11:57 | By YOGI BEAR

Don't pay the rent then got to go. The landlord is not running a charity for needy tenants, that is Housing NZ's job.


Housing in the USA

Posted on 01-04-2015 14:17 | By Conzar

In the USA, there are apartment complexes all over the country in urban and suburban environments. I have lived in apt complexes in Pennsylvania, Maryland, North Carolina, and South Carolina. Even in Clemson, SC which is a small college town (well still bigger than most cities here in NZ) there are huge numbers of apt complexes (because students actually get decent housing on and off campus unlike here).


Kenworthlogger is Wrong

Posted on 01-04-2015 14:19 | By Conzar

How much is the average rent at the Mount for Apts? How much is the average rent for Apts in CBD? You will see that renting apts is actually more expensive than houses here in Tauranga! So you should ask your friend about pricing to get a better understanding. If apt rentals were substantially cheaper than mortgages and houses, than you will see a much greater demand for apartments. Maybe take a course on economics?


Um yeah

Posted on 01-04-2015 17:06 | By Kenworthlogger

Conzar as i said Te Puke has townhouses but no demand for them. So basically you are now agreeing with me that the demand is for houses. Its all about supply and demand. There is an oversuppy of rentals in the USA. Not so here in NZ. Thatis what decides the price.


Kenworthlogger - um no

Posted on 02-04-2015 11:17 | By Conzar

I am not agreeing with you even in the slightest. As I stated before, there is a human demand for healthy homes. That doesn't seem to produce healthy homes here in NZ does it? Globally, there is a demand for cheap housing. But again, that doesn't produce cheap housing here in NZ does it? There is a demand for cheap rentals, but again, does that produce cheap rentals, no. The factor here is greed. Greedy individuals that increased the pricing of houses also known as the housing bubble. Again, the apartment rentals maybe vagant, but thats because people cannot afford the $500 per week price tag especially when considering that houses provide more space than a 2 bedroom unit. The people who rent those apartment are upper working class professionals (both at the Mount and at CBD).


Tenancy Tribunal

Posted on 02-04-2015 15:44 | By Kenworthlogger

Any know what happened at the Tenancy Tribunal? Hope she was kicked out.


Kenworthlogger

Posted on 02-04-2015 21:45 | By Conzar

Its people like Kenworthlogger that make our society a worse place to live in. They are the National supporters who value money over all else. Its their religion of greed that is the downfall of this lovely country. They have never been educated in empathy which is very lacking in society today. 'The True Measure of Any Society can be found in how it treats its most vulnerable members” - Ghandi


Weird thinking

Posted on 02-04-2015 22:25 | By Kenworthlogger

So all house owners are greedy then. Wow. You sure have a weird way of looking at things.


Conzar is on the ball.

Posted on 03-04-2015 10:25 | By robin bell

Kenworthlogger defends the indefensible. The so-called "property ladder" plays a big part in the outrageous cost of affordable housing across the board. When rentals are geared more to banks and personal profit,the only way is up, or down, depending on your position in the market. Sad to say Conzar you are correct,greed plays its dirty game. Robin Bell.


If your sucessful Robin thinks your greedy

Posted on 03-04-2015 16:08 | By Kenworthlogger

There right now is a 3 bedroom house for sale in Te Puke for $179000. I would hardly call that unaffordable. If you are a sucessful landlord Robin and Conzar will call you greedy. If you are sucessful and own your own house they will call you greedy. They dont like tall poppies.


Fault on both sides

Posted on 08-04-2015 15:55 | By marshamaxw

If both parties have good communication and 'saying and doing what you say' ;stoushs like this can be avoided.She was wrong holding back the rent,the landlord could have said exactly when the work was to going to be done and done it. The house shortage can be addressed by banning the foreign ownership of private houses.The state advance of twenty percent deposit worked.Bring it back. Then the only people who are renting are people who want to because it suits their circumstances


Kenworthlogger

Posted on 18-04-2015 09:44 | By YOGI BEAR

It is a simple case of jealousy, nothing else, because they are unable to comprehend how it was obtained (hard work) and WINZ don't give them away then the automatic conclusion is as you note, it is sad but true.


You are so right YOGI

Posted on 18-04-2015 13:02 | By Kenworthlogger

Yes that is so correct. Unfortunately there are many who moan and whinge but do NOTHING to help themselves. Instead they blame everyone else for their woes.


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