Martin Devlin unhappy about Tenancy Tribunal coverage

Wednesday, 8 May 2019

What must landlords do when they rent out a house?

TV and radio personality Martin Devlin has reacted strongly to coverage of a Tenancy Tribunal dispute with his former landlord over unpaid bills.

The Newstalk ZB host has been ordered to pay his former landlord Kathryn Hobcraft $1656 for failing to pay utilities bills including a Sky TV subscription at his former rental in Auckland's upmarket Herne Bay suburb.

Hobcraft claimed Devlin failed to pay for internet, power, gas and Sky TV subscription and water.

Radio host Martin Devlin was taken to the Tenancy Tribunal by his landlord for failing to pay for internet, power, gas and Sky TV subscription and water.

She also claimed $50 for gardening work he requested. Devlin agreed with the amount owed, the Tenancy Tribunal decision said.

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But the tribunal dismissed claims she made that Devlin damaged the property.

Devlin reacted to Stuff's coverage of the tribunal ruling, including on social media. He called the report 'fake news' which had been 'totally taken out of context'. He also accused Stuff of trying to humiliate him because he worked for another media company, NZME.

In a separate message sent directly to Stuff, he said the website would be 'too gutless' to run his response and he would 'publicly humiliate' those responsible for the report.

The tribunal heard that Devlin's fixed term tenancy began in September last year and ended in late November.

Devlin was accused of damaging two cushions and carpet in one of the bedrooms.

Tribunal member G Guptill said there was insufficient evidence to prove Hobcraft's claims about the damage and she failed to give details of the compensation sought to cover the alleged damages.

According to the Residential Tenancies Act, a landlord must prove damage to premises occurred during the tenancy and is more than fair wear and tear.

If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage.

The tribunal ordered the $2400 bond to be returned to Devlin, but deducted $1656 in unpaid utilities and filing fees to Hobcraft.

A reduced total of $743 for the bond was returned to Devlin.

Devlin would not comment on whether he would appeal the decision.