A complaint was filed with the Tenancy Tribunal by MBIE and the landlord was ordered to pay $ 11,000 in damages to tenants. Photo/123rf
A company run by a man living in Russia was ordered to pay more than $ 11,000 after a multitude of breaches of the tenancy law at a property in New Zealand.
The dispute revolves around a large farm property and villa in Auckland, complete with orchards and stables.
The property is rented by Hambletonian Ltd, run solely by David Phillips, who divides his time between New Zealand and Russia.
The case against Hambletonian was brought to the Tenancy Tribunal by the Ministry of Business, Innovation, and Employment (MBIE) following a complaint from a tenant.
Several tenants lived on the property, all with different lease agreements, according to the court’s decision.
Hambletonian claimed that these tenants lived in a “flatmates” agreement, not a boarding house.
One of the tenants lived in the attic of the property, with their own bathroom and kitchen.
She had signed her own lease and the court agreed that she was a legal tenant.
The other three tenants lived on the ground floor of the villa, with shared facilities, but with their own rooms.
Philips said that when he was in New Zealand he lived on the top floor of the villa as his only residence, claiming that all other occupants of the large house were his flatmates.
But the court disagreed, pointing to evidence that included Phillips’ directives on domestic rules and how to save on water usage, as well as the shared use of facilities – sometimes by up to six tenants.
Decided that the bottom of the villa was a boarding house, not a lease.
MBIE alleged that Hambletonian did not submit three of the tenants’ bonds. But Phillips said the money was not a bond, but a “land access” fee.
The court disagreed, ordering $ 1,600 in exemplary damages for non-submission of the bonds.
MBIE also alleged that the property did not comply with Healthy Home standards. He alleged that the heating and ventilation were insufficient, but the court decided that there was not enough evidence and rejected the three parts of the claim.
However, MBIE succeeded in its claim that there was a big hole in the ceiling and an opening in a door, as well as a violation of the obligation to insulate boarding houses that became law in July 2019.
Three tenants received between $ 1,500 and $ 500 each for the breach of insulation, while two received $ 200 each for the hole in the ceiling.
Two of the tenants also received $ 500 each for lack of smoke alarms in their rooms.
Hambletonian was also ordered to pay exemplary damages of $ 1,500 to one tenant and $ 1,200 to two others. The total court order was $ 11,325.
While Phillips runs Hambletonian Ltd., the company is owned by two Auckland lawyers, Pat Castle and Miles Brown, from Castle Brown Barristers and Solicitors.
Brown told NZME that he has not spoken to Phillips in a few years and does not know if he resides in New Zealand.
He refused to answer questions about the case, but said he was aware of the lawsuit.
MBIE’s national tenancy compliance and investigation manager, Brett Wilson, said the parties cannot contract out of the Residential Tenancies Act.
“This means that the landlord cannot evade their obligations by labeling the relationship as something other than a residential lease.
“Landlords must be aware of their obligations under the Residential Tenancies Act and work to ensure they are fulfilled.”
Phillips and Castle were not found to comment. Phillips requested a new hearing of the case.
Ethan Griffiths covers crime and justice stories nationwide for Open Justice. He joined NZME in 2020, previously working as a regional reporter in Whanganui and South Taranaki.
A complaint was filed with the Tenancy Tribunal by MBIE and the landlord was ordered to pay $ 11,000 in damages to tenants. Photo/123rf
A company run by a man living in Russia was ordered to pay more than $ 11,000 after a multitude of breaches of the tenancy law at a property in New Zealand.
The dispute revolves around a large farm property and villa in Auckland, complete with orchards and stables.
The property is rented by Hambletonian Ltd, run solely by David Phillips, who divides his time between New Zealand and Russia.
The case against Hambletonian was brought to the Tenancy Tribunal by the Ministry of Business, Innovation, and Employment (MBIE) following a complaint from a tenant.
Several tenants lived on the property, all with different lease agreements, according to the court’s decision.
Hambletonian claimed that these tenants lived in a “flatmates” agreement, not a boarding house.
One of the tenants lived in the attic of the property, with their own bathroom and kitchen.
She had signed her own lease and the court agreed that she was a legal tenant.
The other three tenants lived on the ground floor of the villa, with shared facilities, but with their own rooms.
Philips said that when he was in New Zealand he lived on the top floor of the villa as his only residence, claiming that all other occupants of the large house were his flatmates.
But the court disagreed, pointing to evidence that included Phillips’ directives on domestic rules and how to save on water usage, as well as the shared use of facilities – sometimes by up to six tenants.
Decided that the bottom of the villa was a boarding house, not a lease.
MBIE alleged that Hambletonian did not submit three of the tenants’ bonds. But Phillips said the money was not a bond, but a “land access” fee.
The court disagreed, ordering $ 1,600 in exemplary damages for non-submission of the bonds.
MBIE also alleged that the property did not comply with Healthy Home standards. He alleged that the heating and ventilation were insufficient, but the court decided that there was not enough evidence and rejected the three parts of the claim.
However, MBIE succeeded in its claim that there was a big hole in the ceiling and an opening in a door, as well as a violation of the obligation to insulate boarding houses that became law in July 2019.
Three tenants received between $ 1,500 and $ 500 each for the breach of insulation, while two received $ 200 each for the hole in the ceiling.
Two of the tenants also received $ 500 each for lack of smoke alarms in their rooms.
Hambletonian was also ordered to pay exemplary damages of $ 1,500 to one tenant and $ 1,200 to two others. The total court order was $ 11,325.
While Phillips runs Hambletonian Ltd., the company is owned by two Auckland lawyers, Pat Castle and Miles Brown, from Castle Brown Barristers and Solicitors.
Brown told NZME that he has not spoken to Phillips in a few years and does not know if he resides in New Zealand.
He refused to answer questions about the case, but said he was aware of the lawsuit.
MBIE’s national tenancy compliance and investigation manager, Brett Wilson, said the parties cannot contract out of the Residential Tenancies Act.
“This means that the landlord cannot evade their obligations by labeling the relationship as something other than a residential lease.
“Landlords must be aware of their obligations under the Residential Tenancies Act and work to ensure they are fulfilled.”
Phillips and Castle were not found to comment. Phillips requested a new hearing of the case.
Ethan Griffiths covers crime and justice stories nationwide for Open Justice. He joined NZME in 2020, previously working as a regional reporter in Whanganui and South Taranaki.
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