What was Tenancy Tribunal case 4633492 about?

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

How much money was awarded in case 4633492?

Compensation: $800.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4633492?

The dispute type was not classified.

Where can I read the official tribunal order for case 4633492?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9401631-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4633492 about?

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

How much money was awarded in case 4633492?

Compensation: $800.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4633492?

The dispute type was not classified.

Where can I read the official tribunal order for case 4633492?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9401631-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4633492 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4633492 — net $820.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation	$800.00	Compensation
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$820.44
Total payable by Landlord to Tenant	$820.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
The application for exemplary damages is dismissed.
Kāinga Ora–Homes and Communities must pay [The tenant/s] $820.44 immediately, calculated as follows:

Reasons

Both parties attended the hearing, the tenant by phone and the landlord’s representative in person.
The tenant has applied for exemplary damages for what she alleges was an unlawful notice to terminate the tenancy. The notice was withdrawn by the landlord and never took effect. The tenant remains in the tenancy.
The landlord’s notice to terminate the tenancy is dated 14 July 2022. So, that is the date of the alleged unlawful act.
An unlawful act, if proved, may result in an award of exemplary damages.
Section 109(2) of the Residential Tenancies Act 1986 (RTA) provides that a landlord or a tenant may not apply for exemplary damages for an unlawful act later than 12 months after the date of commission of the unlawful act.
The tenant’s application for exemplary damages is dated 27 July 2023. That is more than 12 months after the date of the alleged unlawful act, being the termination notice dated 14 July 2022
The application for exemplary damages is therefore dismissed. Compensation
Even though the Tribunal cannot award exemplary damages it can still consider an award of compensation – see Cavanagh v Kāinga Ora [2022] NZDC 7003.
The Tribunal may award compensation to a tenant for losses arising from a proven breach or breaches by the landlord of their statutory responsibilities. Compensation is generally awarded for actual losses and sometimes for less tangible effects of proven breaches such as a loss of enjoyment of the tenancy and the accompanying stress and anxiety.
The tenant’s compensation claim is for the emotional distress caused by having her tenancy terminated in circumstances which she considered were cruel: she was grieving the loss of her dog; was emotionally fragile; and was suicidal.
In Birch v Otautahi Community Housing Trust [2020] NZDC 17667 the District Court confirmed that the Tribunal must take into account the following factors when deciding whether to award compensation: •The nature of the breach; •The duration of the breach; and •The effect of the breach on the party.
The landlord gave the tenant a [gift voucher] to compensate her for the loss of her garden plots and greenhouse which she removed to accommodate drainage work that never went ahead. At the hearing today, the landlord’s representative said that the landlord had heard nothing more until the tenant made her application and was surprised by it.
The compensation paid by the landlord was for an actual loss. But separately, the tenant suffered emotional harm due to the landlord’s decision to terminate her tenancy (a decision later revoked). For a period of about 4 months the tenant described in some detail the impact on her mental health of the landlord’s decision. She said she was made to feel worthless and feared being made homeless.
Separately, the tenant referred to 3 occasions when the landlord’s staff members ‘cold called’ at her home which she felt was intimidating and manipulative. She said that the landlord had her contact phone and email but never advised her of these visits in advance.
The tenant said she wanted the Tribunal to bring the landlord to account to prevent harm being done to others. The Tribunal cannot make the kind of order the tenant seeks in that regard.
A decision by a landlord (any landlord) to terminate a tenancy must be made carefully since the consequences for a tenant can be significant.
The fact that the landlord provided some compensation to the tenant for her tangible losses means that it recognised that the process by which her tenancy was terminated (then allowed to continue) caused loss.
In a lengthy written statement and in her detailed evidence today, the tenant described exactly what impacts the landlord’s decision, and processes, had had on her.
I find that the tenant is entitled to compensation for the emotional harm she suffered as a result of the landlord’s actions in this case; she suffered a significant loss of enjoyment of her tenancy due to worry and stress, but for a defined period of time.
Taking into account the factors mentioned in Birch, I award the tenant compensation of $800.00.
As the application is successful, the landlord must also pay the tenant’s Tribunal filing fee.
The tenant applied for, and is entitled to, a name suppression order – see section 95A RTA.

Claims and awards in Tenancy Tribunal application 4633492 — net $820.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation	$800.00	Compensation
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$820.44
Total payable by Landlord to Tenant	$820.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
The application for exemplary damages is dismissed.
Kāinga Ora–Homes and Communities must pay [The tenant/s] $820.44 immediately, calculated as follows:

Reasons

Both parties attended the hearing, the tenant by phone and the landlord’s representative in person.
The tenant has applied for exemplary damages for what she alleges was an unlawful notice to terminate the tenancy. The notice was withdrawn by the landlord and never took effect. The tenant remains in the tenancy.
The landlord’s notice to terminate the tenancy is dated 14 July 2022. So, that is the date of the alleged unlawful act.
An unlawful act, if proved, may result in an award of exemplary damages.
Section 109(2) of the Residential Tenancies Act 1986 (RTA) provides that a landlord or a tenant may not apply for exemplary damages for an unlawful act later than 12 months after the date of commission of the unlawful act.
The tenant’s application for exemplary damages is dated 27 July 2023. That is more than 12 months after the date of the alleged unlawful act, being the termination notice dated 14 July 2022
The application for exemplary damages is therefore dismissed. Compensation
Even though the Tribunal cannot award exemplary damages it can still consider an award of compensation – see Cavanagh v Kāinga Ora [2022] NZDC 7003.
The Tribunal may award compensation to a tenant for losses arising from a proven breach or breaches by the landlord of their statutory responsibilities. Compensation is generally awarded for actual losses and sometimes for less tangible effects of proven breaches such as a loss of enjoyment of the tenancy and the accompanying stress and anxiety.
The tenant’s compensation claim is for the emotional distress caused by having her tenancy terminated in circumstances which she considered were cruel: she was grieving the loss of her dog; was emotionally fragile; and was suicidal.
In Birch v Otautahi Community Housing Trust [2020] NZDC 17667 the District Court confirmed that the Tribunal must take into account the following factors when deciding whether to award compensation: •The nature of the breach; •The duration of the breach; and •The effect of the breach on the party.
The landlord gave the tenant a [gift voucher] to compensate her for the loss of her garden plots and greenhouse which she removed to accommodate drainage work that never went ahead. At the hearing today, the landlord’s representative said that the landlord had heard nothing more until the tenant made her application and was surprised by it.
The compensation paid by the landlord was for an actual loss. But separately, the tenant suffered emotional harm due to the landlord’s decision to terminate her tenancy (a decision later revoked). For a period of about 4 months the tenant described in some detail the impact on her mental health of the landlord’s decision. She said she was made to feel worthless and feared being made homeless.
Separately, the tenant referred to 3 occasions when the landlord’s staff members ‘cold called’ at her home which she felt was intimidating and manipulative. She said that the landlord had her contact phone and email but never advised her of these visits in advance.
The tenant said she wanted the Tribunal to bring the landlord to account to prevent harm being done to others. The Tribunal cannot make the kind of order the tenant seeks in that regard.
A decision by a landlord (any landlord) to terminate a tenancy must be made carefully since the consequences for a tenant can be significant.
The fact that the landlord provided some compensation to the tenant for her tangible losses means that it recognised that the process by which her tenancy was terminated (then allowed to continue) caused loss.
In a lengthy written statement and in her detailed evidence today, the tenant described exactly what impacts the landlord’s decision, and processes, had had on her.
I find that the tenant is entitled to compensation for the emotional harm she suffered as a result of the landlord’s actions in this case; she suffered a significant loss of enjoyment of her tenancy due to worry and stress, but for a defined period of time.
Taking into account the factors mentioned in Birch, I award the tenant compensation of $800.00.
As the application is successful, the landlord must also pay the tenant’s Tribunal filing fee.
The tenant applied for, and is entitled to, a name suppression order – see section 95A RTA.

Tenancy Tribunal case 4633492 — Tenancy dispute

At a glance

Tenancy Tribunal case 4633492 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions