A pensioner trying to do a good deed for a couple about to be homeless found himself being forced to demolish the property he rented to them or face a $300,000 fine. The man rented the Auckland home he had inherited from his mother to a couple after they approached him “desperate for a place to live”. But after trying to get the 80-year-old house up to standards for the couple to live in, it was found to have severe structural issues, which the pensioner, who has name suppression, could not afford to fix. Now the tenants have taken him to the Tenancy Tribunal, claiming a rent abatement and exemplary damages after having lived in the unsafe home for 15 weeks. Tenants were aware of the property’s state According to the recently-released tribunal decision, the tenants, whose names are also suppressed, moved into the property on January 9, 2025. The landlord had offered the property, which had been vacant for two years, to the tenants, who were “desperate for a place to live”. They had told him they were going to be homeless in 12 days. Tribunal adjudicator Michelle Pollack said the landlord rented the property out of a “desire to give”. “He let the tenants come to look at the premises with his prior tenant, so they knew how much repair and maintenance work needed to be done on it and could make a decision about whether the house would meet their and their family’s needs before deciding to agree to rent it.” But the landlord was unaware of just how much needed to be done and how expensive it was going to be to get the home up to standard. The rental price was set below the market rate because the property was not in “tip top shape”. Before the tenants moved in, the landlord undertook interior painting and some remedial work. He then began trying to get the home up to the Healthy Homes’ Standard by replacing the guttering and the roof. But work was stopped when the house was found to have structural faults. The expected cost was around $197,000 with no allowance for contingencies, consent or planning. The landlord was retired and he and his partner had no source of income other than the superannuation, and his only other asset was the house in which they reside, so he could not afford to fix the home. The Tenancy Tribunal has issued a ruling on the matter after the tenants complained to the authority. Photo / 123RF On March 22, the landlord contacted the tenants to see if they could mutually end the tenancy as he could not afford the repairs. Unable to reach them, he applied to the tribunal to end the tenancy because of the severe hardship he would suffer. A day later, he received an Insanitary Building Notice (IBN) from Auckland Council (AC) instructing him to carry out building works by March 26. The landlord did not know who notified the AC. The reason for the IBN is that the weatherboard cladding system, which appeared sound from the outside, was compromised by dry rot and borer, including in the studs, bearers, joists and bottom plates. The chimney was also detaching from the wall fixing. On April 17, 2025, AC issued a Restricted Entry IBN, meaning no one could enter the property unless undertaking inspection, repairs or demolition work. Hurricane fencing was also to be erected by April 28. The building work under the Restricted Entry IBN needed to be finished by June 17 and failure to have the remedial work undertaken or the building demolished could result in a $300,000 fine and/or prosecution. On April 18, the landlord decided to have the house demolished. Landlord had legal grounds to terminate Through his lawyer, the landlord issued the tenants a seven-day notice terminating the tenancy, notifying them of the intention to demolish the property, with the tenancy to end on April 27. On April 24, the tenants emailed the landlord’s daughter saying they do not acce...