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David White / Things
Hans Shawani, his wife Wahaj and their children, from left to right, Adam, May and Sarah, live in a serviced apartment because they cannot move into the house they own.
When Hans Shawani decided to return to New Zealand with his wife and children in February, he assumed that the family could return to the Auckland home they had owned for 15 years.
But it wasn’t going to be.
Shawani, his wife Wahaj, and their children Sarah, Adam and May, have been living in a serviced apartment since March, paying $ 1,250 per week, because the tenants at the Botany Downs home they own cannot be forced to leave at least until June 26.
Shawani bought the property before moving to Australia, where he met his wife.
The family was transferred after he accepted a job offer with the Health Alliance, which supports the district’s health boards.
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The couple advised tenants to move in on February 26, allowing 42 days, as required for the family to regain possession of the property.
But then New Zealand went into closure, and the new laws meant that tenants couldn’t be forced to move out for at least an initial three-month period beginning March 26, except in very limited circumstances.
The family moved to a serviced Waldorf apartment, for which they pay $ 179 per day. Her furniture arrived on April 5 and had been stored.
Shawani said she wanted to go home to give her children the opportunity to grow up in this country. But he said he had wondered if he had been at a disadvantage for wanting to pursue the “New Zealand dream” of home ownership.
Not for syndication
Hans Shawani says his family has been punished for owning a house.
He wanted a date when they could move into his house, but that was still unclear.
“I am in a very vulnerable situation and I am being punished for having a house. I have done nothing wrong. I have followed the process correctly. I worked very hard to buy this house and I am still paying the mortgage, but no one can help me. “
His children were restricted to one room in the apartment while he tried to work in the other, he said.
Your tenants have told the Leasing Court that they will be moving, but only when they find a suitable property to move into.
A ruling by the Leasing Court on May 12 said it could not terminate the lease.
“As difficult as the landlord’s situation is, there is no legal authority for the Court to rescind this tenure. The parties must continue to work together to find a resolution or await a new statutory change.”
Shawani said he could not find cheaper accommodation because no owner was willing to accept the family, knowing that they would move as soon as they could return to their own home.
“I’m being discriminated against. I only have one house. They should say ‘forget about the Kiwi dream.'”
A spokesperson for MBIE said the owners were unable to end the rentals, regardless of when it was notified, except in very limited circumstances.
“Tenants who have previously received notices to terminate their tenants (with some exemptions) may remain in their rental properties if they wish. These restrictions apply for an initial period of three months beginning Thursday, March 26, 2020.
“Right now, we encourage landlords and tenants to communicate with each other, work together, and take care of each other whenever possible. Try to come to an agreement that suits everyone.”
