Gillespie then sought damages for his tenancy allegedly being terminated without grounds, and alleged harassment by the landlord.
In a recent decision, the tribunal found the tenancy had been validly terminated, and the landlord was entitled to immediate possession as sought.
Gillespie’s claim for exemplary damages was dismissed.
He then appealed to the Nelson District Court, but failed to show up at the hearing.
He was given an extension of time to lodge any submissions. None arrived by this week’s deadline, and the appeal was dismissed.
Nick Ferrier told NZME via his lawyer, Callum Osborne, that it had been a very difficult situation and not something the owners took lightly.
“Warwick House has operated for a number of years as a community-style boarding house.
“It is important that residents, many of whom live alone, feel safe and comfortable in their own home.
“After receiving serious complaints from residents very shortly after Mr Gillespie moved in, we formed the view that we needed to act to protect the safety of the other occupants.”
Complaints started within 2 days
Within 48 hours of Gillespie moving into the landmark property earlier this year, the Ferriers started getting complaints.
The tenants’ concerns escalated to the point at which they asked for additional locks on their rooms.
One claimed to have been blocked in the laundry and prevented from leaving, which made her afraid, according to the tribunal’s decision in May, granting possession to the Ferriers.
The owners of Warwick House started getting complaints about tenant Ian Gillespie within 48 hours of his arrival at the landmark historic property in central Nelson. Photo / Tracy Neal
They said another complaint was over Gillespie’s threat to kill cats at the premises, which caused “serious disruption” to other tenants who reported they felt unsafe and unable to comfortably occupy the premises, including their own rooms.
One of the tenants clarified that Gillespie asked if she wanted him to “break the leg of the cat or cut its throat”.
“This left her shocked and so uncomfortable that she asked the landlord for another lock on her room,” tribunal adjudicator Ashley Macpherson said.
She said the landlords passed the tenants’ complaints to police when they became aware of other alleged incidents, and let Gillespie know.
Notice issued
Gillespie was given notice on April 13, when Nick Ferrier also mentioned his lawyer.
Gillespie said he posed no threat to anyone and that the use of lawyers was “never a way to settle misunderstandings, as hidden enemies use knives”.
He denied blocking the tenant in the laundry or saying anything about killing cats.
Instead, he claimed both tenants had “concocted a story to get rid of him”, Macpherson said.
Gillespie said his reference to knives was maybe “off”, but everything has been “stretched out of all proportion”.
The Ferriers then received a further complaint from a tenant who claimed that Gillespie approached her while she was sitting at an outside table and intimidated her by banging a closed fist on the table and implying that she was a “troublemaker”.
The Ferriers said in their claim that Gillespie was $1602 behind in rent. Gillespie was ordered to pay $1430, less $200 bond.
According to the tribunal, landlords of boarding houses are able by law to terminate a tenancy immediately if the tenant has endangered or threatened to endanger people or property, or has caused or threatened to cause serious disruption to other tenants.
A landlord can apply to the tribunal for a possession order if the landlord has given the tenant notice, and the tenant has not quit the premises within the period specified in the notice.
‘The Castle’
The Ferriers have spent decades restoring the 55-room neo-Gothic mansion in a blue-chip location near central Nelson.
The 1850s building, known to many as The Castle, had been run as a boutique hotel before Covid, but now offered longer-term boarding accommodation.
The 55-room neo-Gothic Warwick House is a landmark building near central Nelson. It was built in the 1850s and known to many as “The Castle”. Photo / Tracy Neal
According to AA New Zealand magazine Directions, Warwick House has evolved from the original built by early settler Alfred Fell.
Additions included the turret, with further changes made by subsequent owners.
It was once a “gentleman’s boarding house”, before being converted into apartments in 1941, which was how it remained until the Ferriers bought the property in the early 2000s.
Tribunal finds threats ‘more likely than not’
Macpherson said that, after weighing all the evidence, she found it more likely than not that Gillespie had blocked the exit from the laundry, stood over the tenant and later threatened to endanger her by banging his fist on a table and calling her a troublemaker.
She said this latest incident happened after the complaints had been relayed to him by the landlord and he had received the notice of termination.
Macpherson also found that he threatened to endanger cats at the premises.
She accepted the tenants’ evidence that Gillespie’s actions and words had caused “serious disruption” to their living conditions and had left them feeling intimidated, uncomfortable and unsafe.
On the other hand, Macpherson found Gillespie’s evidence inconsistent.
She found the tenancy had been validly terminated, and the landlord was entitled to immediate possession as sought.
“The landlord was within his rights to suggest that the tenant move on before he issued the notice of termination, and he maintained his position throughout that Mr Gillespie’s behaviour towards the females in the premises was unacceptable,” Macpherson said.
The Ferriers said they were relieved the matter was over and that other residents could move forward.
However, the amount ordered by the tribunal had not been paid, and enforcement steps were now being pursued, Osborne said.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government, for the Nelson Mail.