Waikato said the property was not in the best of shape and he baulked at the $690 weekly rent.
“I said, ‘That’s ridiculous, mate.’”
But he was told the repairs would be made, and he felt like he was given the hard word to essentially take it or leave it.
Desperate to leave emergency housing, he took it.
To make the rent work, he had his adult son move in and pay half, plus they were both eligible for a Work and Income accommodation supplement of $80.
Stephen and Jasu Bhana, controversial sibling landlords from Rotorua. Photos / TVNZ, NZME
But Waikato said his son moved out soon afterwards because of the poor conditions in the apartment.
Eight months later, the tenancy ended and Waikato was presented with a property inspection report. Immediately, he knew something was wrong.
It said there was damage to a curtain, door, toilet and oven. The document was supposedly signed by Waikato, admitting fault.
The Bhanas, under the Ranolf Trust, took the case to the Tenancy Tribunal, asking for Waikato to pay compensation based on missing or damaged chattels, and damage to the premises.
Instead, Waikato fought back. And won.
How they did it
Waikato heard from a neighbour that he could seek free legal help from the Rotorua Community Law Centre.
Lawyer Meredith Herbert told the Rotorua Daily Post that she was happy to take on the case.
She printed off all the documents relating to the Bhanas’ claims, called a meeting with Waikato and questioned why he had signed a document admitting causing damages.
Lawyer Meredith Herbert from the Rotorua Community Law Centre. Photo / Kelly Makiha
“Michael said, ‘That’s not my signature,’ and I looked at the signature and I said, ‘No, that isn’t your signature, Michael.’”
Waikato said he knew he had not signed it.
“I thought, ‘I don’t know what’s going on here, but I didn’t do that.’”
Herbert engaged a forensic handwriting expert to examine the document.
“We thought it was in the public’s interests that we pursue that because, if Michael didn’t sign it, then that’s significant and the findings are certainly quite damning.”
The document, supposedly showing Michael Waikato’s signature and initials, is consistent with Stephen Bhana’s handwriting.
Tenancy Tribunal adjudicator Mikail Steens agreed with the forensic expert’s evidence that the signature and initials for Waikato were consistent with Stephen Bhana’s handwriting.
The Bhanas’ evidence was thrown out, and Waikato’s cross-claims were awarded, resulting in him being awarded exemplary damages valued at $5800.
Waikato’s son had also asked Sustainability Options for help before he left the property.
A Healthy Homes report on the property was presented to the tribunal as evidence.
The tribunal’s order said the apartment had significant water damage, mould, broken chattels, draughts and security issues.
Water leaking issues at Stephen and Jasu Bhana’s property.
The exemplary damages include $4500 for failure to maintain the premises, $750 for failing to provide a chattels list and $550 for giving false or misleading Healthy Homes information.
Steens found the Bhanas showed a “pattern” of poor maintenance, incorrect compliance information, and failing to provide information about chattels, with “similar failures across multiple tenancies”.
The Bhanas were given a six-year restraining order under the Residential Tenancies Act, meaning that, if they breach the order by committing another similar unlawful act, it can be pursued in the criminal courts.
The hearing ended early when Steens called security after Stephen Bhana repeatedly disrupted the proceedings, behaving in an intimidating manner, flinging “unwarranted” accusations at Herbert, and then turning on the adjudicator.
Approached for comment by the Rotorua Daily Post for this story, Stephen Bhana disputed Waikato’s account of how he became their tenant, calling it “false and farcical” with “no evidence whatsoever”.
He claimed the tribunal case was under appeal. A Rotorua District Court registrar said the court was unable to confirm this to the Rotorua Daily Post.
Stephen Bhana said Steens had been recused (stood down from the decision-making process) relating to this case. The registrar said Steens had not been recused, and appeals were heard by different adjudicators.
Where to now for Waikato
Waikato returned to emergency housing after leaving the Ranolf St property, before he was given a “real godsend”.
He has been living in a newly built two-bedroom Kāinga Ora home for nearly a year and pays $90 a week rent, which is the standard amount of 25% of his income.
He asked the tribunal to lift his name suppression so he could speak out about his case.
Waikato said vulnerable people in difficult housing situations needed to know there was help available for them.
Their poor situations often left them feeling as if they had nowhere else to go.
“Because of the circumstances I was in, I thought it [moving to the Bhanas’ property] was the best thing.”
He said his advice to others would be to slow down and do due diligence, including researching online and doing background checks on possible landlords.
Meanwhile, winning his case made him feel “qualified”.
“It adds substance to what could have been speculation.”
Lawyer Meredith Herbert and former Ranolf Trust tenant Michael Waikato. Photo / Kelly Makiha
In his interview with the Rotorua Daily Post, he leaned across a boardroom table and thanked Herbert.
“It’s amazing, aye. It’s not said enough what effort you put into this, and I appreciate you.”
How tenants can get help
The Rotorua Community Law Centre is funded by the Ministry of Justice and has two solicitors.
It offers legal services for those on low or no income, based on an eligibility threshold.
Herbert said it took on cases depending on the lawyers’ workloads.
Nik Gregg, from Sustainability Options, said it offered free home visits and community workshops to help low-income families living in cold or damp homes.
The 20 Degrees programme, funded by the Rotorua Trust and Bay Trust, provided minor repairs, draught proofing, insulation, heating and curtains for eligible homeowners in Rotorua, Gregg said.
In addition, the programme offers assessments, advocacy and advice to renters and homeowners.
Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.