How much money was awarded in case 4572992?

Property Damage: $300.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4572992?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4572992?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9276437-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4572992?

Property Damage: $300.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4572992?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4572992?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9276437-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4572992 — Exemplary damages

Q: What was Tenancy Tribunal case 4572992 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4572992 — net $320.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages	$300.00	Exemplary damages
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$320.44
Total payable by Landlord to Tenant	$320.44

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.

Andrew Cavil and Rozsina Cavil must pay [The tenant/s] $320.44 immediately as calculated in the table below: DescriptionTenant Exemplary damages $300.00 Filing fee reimbursement $20.44 Total award $320.44 Total payable by Landlord to Tenant $320.44

Reasons

Both parties attended the hearing.

The tenant began renting these premises in August 2016 from a former landlord. There was a change in landlord in October 2016 when Mr and Mrs Cavill purchased the property.

The parties agreed that the tenancy ended on 11 May 2023.

[The tenant/s] claims the landlord entered the premises without consent or notice.

A landlord may not enter the premises during the tenancy except with the tenant's consent, in an emergency, or after giving the required notice for inspections and repairs and maintenance. See section 48(1) and (2) Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 48 (4)(a) and Schedule 1A Residential Tenancies Act 1986.

The landlord entered the tenant’s premises on 6 May 2023 and plugged in a power cable to use a power tool outside. The tenant was in the process of moving out and arrived at the premises and discovered this. I find the landlord has committed an unlawful act.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.

The landlord was aware or ought to have been aware that entering the premises while the tenancy continued without consent or proper notice is a breach of their obligations. The Tribunal finds that the landlord acted intentionally.

The landlord stated that this had not occurred before but as the tenant was not living at the property, they entered the premises to use the power for gardening work outside. The landlord acknowledged this was an error of judgement.

The landlord sent an email to the tenant dated 15 May 2023 apologising and offering compensation. No agreement was reached regarding this prior to today’s hearing.

The tenant stated that the effect on her was that she felt awkward and uncomfortable and like she had been pushed out of her home.

It is in the public interest that landlords take seriously their responsibilities under the Residential Tenancies Act and respect tenant’s rights while a tenancy continues.

Having considered the above factors and that this was a one-off breach of this kind by the landlords the Tribunal orders exemplary at the lower end of the scale in the sum of $300.00.

Because the tenant has wholly succeeded with the claim I must reimburse the filing fee and suppress the tenant details in the order as applied for. See sections 102(4) and 95A(1) Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 4572992 — net $320.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages	$300.00	Exemplary damages
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$320.44
Total payable by Landlord to Tenant	$320.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
Andrew Cavil and Rozsina Cavil must pay [The tenant/s] $320.44 immediately as calculated in the table below: DescriptionTenant Exemplary damages $300.00 Filing fee reimbursement $20.44 Total award $320.44 Total payable by Landlord to Tenant $320.44

Reasons

Both parties attended the hearing.
The tenant began renting these premises in August 2016 from a former landlord. There was a change in landlord in October 2016 when Mr and Mrs Cavill purchased the property.
The parties agreed that the tenancy ended on 11 May 2023.
[The tenant/s] claims the landlord entered the premises without consent or notice.
A landlord may not enter the premises during the tenancy except with the tenant's consent, in an emergency, or after giving the required notice for inspections and repairs and maintenance. See section 48(1) and (2) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 48 (4)(a) and Schedule 1A Residential Tenancies Act 1986.
The landlord entered the tenant’s premises on 6 May 2023 and plugged in a power cable to use a power tool outside. The tenant was in the process of moving out and arrived at the premises and discovered this. I find the landlord has committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
The landlord was aware or ought to have been aware that entering the premises while the tenancy continued without consent or proper notice is a breach of their obligations. The Tribunal finds that the landlord acted intentionally.
The landlord stated that this had not occurred before but as the tenant was not living at the property, they entered the premises to use the power for gardening work outside. The landlord acknowledged this was an error of judgement.
The landlord sent an email to the tenant dated 15 May 2023 apologising and offering compensation. No agreement was reached regarding this prior to today’s hearing.
The tenant stated that the effect on her was that she felt awkward and uncomfortable and like she had been pushed out of her home.
It is in the public interest that landlords take seriously their responsibilities under the Residential Tenancies Act and respect tenant’s rights while a tenancy continues.
Having considered the above factors and that this was a one-off breach of this kind by the landlords the Tribunal orders exemplary at the lower end of the scale in the sum of $300.00.
Because the tenant has wholly succeeded with the claim I must reimburse the filing fee and suppress the tenant details in the order as applied for. See sections 102(4) and 95A(1) Residential Tenancies Act 1986.

Tenancy Tribunal case 4572992 — Exemplary damages

At a glance

Tenancy Tribunal case 4572992 — Exemplary damages

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions