PHOTO: Sam Armstrong (Source: Fair Go)
Sam Armstrong, a resident of Muriwai, was taken aback when handed a seven-day notice to vacate her rented home. Despite having resided there for a year post-Cyclone Gabrielle, the sudden urgency and justification behind this decision puzzled her.
Had her home been flattened or deemed unsafe after the cyclone, Armstrong would have swiftly relocated. However, she had been allowed to return five weeks after the cyclone and continued to live there, paying rent regularly. The property had even been assessed by EQC, receiving a white placard indicating it was safe for occupancy.
With a content landlord and no apparent issues, Armstrong and her partner anticipated a prolonged stay. Yet, their expectations were shattered when the property manager abruptly served them notice terminating the tenancy—initially for 90 days, then reduced to seven days shortly after.
A year from the cyclone, Auckland Council reevaluated the land as Risk Category 3, citing potential future risks from extreme weather events. While this hinted at a voluntary buyout option funded by taxpayers and ratepayers, it remained unclear whether Armstrong and her partner were required to evacuate indefinitely.
The trigger for the sudden seven-day notice seemed to stem from a brief email exchanged between Auckland Council’s Tāmaki Makaurau Recovery Office and the landlord and property manager, prompting swift action. However, the interpretation of this advice and subsequent decision-making process raised questions.
The property manager justified the abrupt notice as a moral obligation to prioritize tenants’ health and safety, citing advice from relevant agencies. However, experts suggested that the circumstances didn’t warrant such rapid eviction under Section 59 of the Residential Tenancies Act.
While acknowledging the alarming nature of the Council’s message, it underscored the importance of landlords and tenants collaboratively making informed decisions. Amidst difficulties in accessing information about the buyout process, the ordeal left Armstrong and her partner scrambling to secure alternative accommodation.
Despite the challenges, Armstrong harbors no resentment towards her former landlord and stresses the importance of tenants understanding their rights and maintaining emergency savings in an increasingly uncertain world.
SOURCE: 1NEWS