What was the outcome of Tenancy Tribunal case 4623633?

The tribunal order states: Rachel Xin must pay Fh 2018 Limited $2,421.88 immediately, calculated as

How much money was awarded in case 4623633?

Compensation: 2 x entry without noti…: $1,000.00 awarded to tenant; Compensation: for the stress because…: $580.00 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Rent Owed: $6,181.44 awarded to landlord

What type of tenancy dispute was case 4623633?

The dispute type was not classified.

Where can I read the official tribunal order for case 4623633?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9518784-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4623633?

The tribunal order states: Rachel Xin must pay Fh 2018 Limited $2,421.88 immediately, calculated as

How much money was awarded in case 4623633?

Compensation: 2 x entry without noti…: $1,000.00 awarded to tenant; Compensation: for the stress because…: $580.00 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Rent Owed: $6,181.44 awarded to landlord

What type of tenancy dispute was case 4623633?

The dispute type was not classified.

Where can I read the official tribunal order for case 4623633?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9518784-Tribunal_Order.pdf.

11A Everest Street, Khandallah, Wellington 6035 Tenancy Tribunal Case 4623633 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4623633 — net $2,421.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent owed to 13 August 2023	$6,181.44		Rent owed to 13 August 2023
Filing fee reimbursement	$20.44		Filing fee reimbursement
Compensation: 2 x entry without notice		$1,000.00	2 x entry without notice
Compensation: for the stress because the car was moved		$580.00	for the stress because the car was moved
Total award	$6,201.88	$1,580.00
Net award	$2,421.88
Total payable by Tenant to Landlord	$2,421.88

Both parties attended the hearing. The parties had a fixed term tenancy agreement due to end at the end of September 2023. The tenant had to return to China to look after her mother. She asked if the tenancy could end sooner and she was told yes, but when a new tenant was found. The landlord entered the house without proper notice or consent to take photos for advertising. The owner also entered the house, took the car keys and moved the tenant’s car without her permission. The tenant was distressed by the owner moving the car and by comments made about the state of the house, and she advised the landlord she would be moving out immediately. She moved out on 5 June and agreed to pay rent to that date. The house was advertised, and a new tenancy started on 14 August 2023. The landlord wants rent to that date. The questions I have to decide are: • When did the tenancy end? • Did the landlord and the owner enter the house unlawfully?

When did the tenancy end?

I was provided with copies of emails sent by the parties. In an email dated 22 May 2023 the landlord states the tenancy can end early and that the tenant will remain responsible for the rent until a new tenant is found or until the end of the fixed term, which ever happened sooner. It was agreed the house would be advertised at no cost to the tenant. I find this was a clear message to the tenant that accurately stated her options.

Soon after this the tenant attempted to end the tenancy unilaterally while she was away because the owner entered the house and moved her car. I find the tenant was not entitled to end the tenancy this way. Section 66 of the Residential Tenancies Act 1986 (RTA) allows the Tribunal to reduce a fixed term tenancy where there has been an unforeseen change in the tenant’s circumstances and severe hardship. However, the tenant did not make this application. This means the tenancy continued until the new tenant was found.

The landlord provided rent records which prove the amount owing. I have calculated the rent owed to 13 August 2023 as $6,181.44.

Did the landlord and the owner enter the house unlawfully?

The tenant claims the landlord entered the house 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) RTA.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. The tenant did not claim exemplary damages, but she has asked for compensation in the amount of $1000.

In an email sent on 25 May 2023 the landlord advised he would pop inside that day to check the property was sufficiently presentable for viewings. He went inside the house before the tenant replied giving consent. The tenant was not concerned about this entry at the time, but I am concerned. The landlord submitted he entered because he was trying to help the tenant, but there are provisions for notice for a reason, and landlords must have regard to the RTA.

While the landlord was inside the owner came into the house, took the car keys which were on the table, and moved the tenant’s car so it was parked in a way more convenient to the landlord. The landlord had asked the tenant by email on 23 May if the car could be moved and the tenant replied that someone would do it on the weekend. Despite this, the owner helped herself to the keys and moved the car. The tenant found out almost immediately because her partner noticed it had been moved.

As I have said, the tenant has only claimed compensation. The access to the house without giving notice was intentional. The effect on the tenant was extreme distress and mistrust and she moved out immediately. Tenants are entitled to their privacy which is why there are rules about access. I find $1000 is reasonable compensation for the breach of the RTA and the resulting loss of trust. In deciding on this amount I have had regard to the amount that can be ordered for exemplary damages.

I further allow the refund of rent for one week because of the stress of organising the removal of the tenant’s belongings, from overseas, after the car was moved. Other orders

The bond is refunded to the landlord.

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

The tenant made an application for suppression. This is not allowed because she is not the most successful party.

Claims and awards in Tenancy Tribunal application 4623633 — net $2,421.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent owed to 13 August 2023	$6,181.44		Rent owed to 13 August 2023
Filing fee reimbursement	$20.44		Filing fee reimbursement
Compensation: 2 x entry without notice		$1,000.00	2 x entry without notice
Compensation: for the stress because the car was moved		$580.00	for the stress because the car was moved
Total award	$6,201.88	$1,580.00
Net award	$2,421.88
Total payable by Tenant to Landlord	$2,421.88

Order

Rachel Xin must pay Fh 2018 Limited $2,421.88 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,200.00 (3085603-014) to Fh 2018 Limited immediately.

Reasons

Both parties attended the hearing. The parties had a fixed term tenancy agreement due to end at the end of September 2023. The tenant had to return to China to look after her mother. She asked if the tenancy could end sooner and she was told yes, but when a new tenant was found. The landlord entered the house without proper notice or consent to take photos for advertising. The owner also entered the house, took the car keys and moved the tenant’s car without her permission. The tenant was distressed by the owner moving the car and by comments made about the state of the house, and she advised the landlord she would be moving out immediately. She moved out on 5 June and agreed to pay rent to that date. The house was advertised, and a new tenancy started on 14 August 2023. The landlord wants rent to that date. The questions I have to decide are: • When did the tenancy end? • Did the landlord and the owner enter the house unlawfully?

When did the tenancy end?

I was provided with copies of emails sent by the parties. In an email dated 22 May 2023 the landlord states the tenancy can end early and that the tenant will remain responsible for the rent until a new tenant is found or until the end of the fixed term, which ever happened sooner. It was agreed the house would be advertised at no cost to the tenant. I find this was a clear message to the tenant that accurately stated her options.
Soon after this the tenant attempted to end the tenancy unilaterally while she was away because the owner entered the house and moved her car. I find the tenant was not entitled to end the tenancy this way. Section 66 of the Residential Tenancies Act 1986 (RTA) allows the Tribunal to reduce a fixed term tenancy where there has been an unforeseen change in the tenant’s circumstances and severe hardship. However, the tenant did not make this application. This means the tenancy continued until the new tenant was found.
The landlord provided rent records which prove the amount owing. I have calculated the rent owed to 13 August 2023 as $6,181.44.

Did the landlord and the owner enter the house unlawfully?

The tenant claims the landlord entered the house 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) RTA.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. The tenant did not claim exemplary damages, but she has asked for compensation in the amount of $1000.
In an email sent on 25 May 2023 the landlord advised he would pop inside that day to check the property was sufficiently presentable for viewings. He went inside the house before the tenant replied giving consent. The tenant was not concerned about this entry at the time, but I am concerned. The landlord submitted he entered because he was trying to help the tenant, but there are provisions for notice for a reason, and landlords must have regard to the RTA.
While the landlord was inside the owner came into the house, took the car keys which were on the table, and moved the tenant’s car so it was parked in a way more convenient to the landlord. The landlord had asked the tenant by email on 23 May if the car could be moved and the tenant replied that someone would do it on the weekend. Despite this, the owner helped herself to the keys and moved the car. The tenant found out almost immediately because her partner noticed it had been moved.
As I have said, the tenant has only claimed compensation. The access to the house without giving notice was intentional. The effect on the tenant was extreme distress and mistrust and she moved out immediately. Tenants are entitled to their privacy which is why there are rules about access. I find $1000 is reasonable compensation for the breach of the RTA and the resulting loss of trust. In deciding on this amount I have had regard to the amount that can be ordered for exemplary damages.
I further allow the refund of rent for one week because of the stress of organising the removal of the tenant’s belongings, from overseas, after the car was moved. Other orders
The bond is refunded to the landlord.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The tenant made an application for suppression. This is not allowed because she is not the most successful party.

Tenancy Tribunal case 4623633 — Tenancy dispute at 11A Everest Street, Khandallah, Wellington 6035

At a glance

Tenancy Tribunal case 4623633 — Tenancy dispute at 11A Everest Street, Khandallah, Wellington 6035

At a glance

Award balance

Claims & awards

Order

Reasons

When did the tenancy end?

Did the landlord and the owner enter the house unlawfully?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

When did the tenancy end?

Did the landlord and the owner enter the house unlawfully?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions