What was Tenancy Tribunal case 4640349 about?

The tribunal order states: By consent, suppression of the Tenant and Landlord name and identifying details.

How much money was awarded in case 4640349?

Compensation: breach of landlord's r…: $350.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4640349?

The dispute type was not classified.

Where can I read the official tribunal order for case 4640349?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9538830-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4640349 about?

The tribunal order states: By consent, suppression of the Tenant and Landlord name and identifying details.

How much money was awarded in case 4640349?

Compensation: breach of landlord's r…: $350.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4640349?

The dispute type was not classified.

Where can I read the official tribunal order for case 4640349?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9538830-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4640349 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4640349 — net $370.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: breach of landlord's responsibilities	$350.00	breach of landlord's responsibilities
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$370.44
Bond	$1,050.00
Total payable by Landlord to Tenant	$370.44

Claims and awards in Tenancy Tribunal application 4640349 — net $370.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: breach of landlord's responsibilities	$350.00	breach of landlord's responsibilities
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$370.44
Bond	$1,050.00
Total payable by Landlord to Tenant	$370.44

Order

By consent, suppression of the Tenant and Landlord name and identifying details.
The Bond Centre is to pay the bond of $1,050.00 ([Bond number suppressed]) to [The tenant/s] immediately.
[The landlord/s] must pay [The tenant/s] $370.44 immediately.
All other claims are dismissed.

Reasons

[The tenant/s] and [Landlord 1] attended the hearing. [Landlord 2] did not appear.
The tenant seeks the following: -Bond refund. -Compensation of $1090.00 for storing landlord’s goods. -Filing fee of $20.44 -Exemplary damages for harassment and rent in advance.
The tenant withdrew claims for exemplary damages for unlawful entry and termination without grounds.
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities. Bond refund
The tenant has applied for refund of the bond. The landlord says they may have a claim against the bond, but they have not filed a counterclaim with Tenancy Services.
Section 22B(2) Residential Tenancies Act 1986 (RTA) provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim.
As the landlord has not filed a counterclaim, the bond must be refunded in full to the tenant. Is the tenant entitled to compensation for storing the landlord’s goods?
There is no dispute that some goods were left at the premises including a tv cabinet, drawers, cane chair and some paint pots in the shed.
The tenant is entitled to have vacant possession of the premises on the date on which, in accordance with the tenancy agreement, the tenant is entitled to enter into occupation of the premises (see s.37 RTA).
I find that the tenant was inconvenienced by some goods left behind by a former tenant and some goods belonging to the landlord. However, I find that the goods were minor and took up only a small space within the shed and home. I award $350.00 compensation which is equivalent to one weeks rent for the breach and inconvenience.

Did the landlord harass the tenant?

[The tenant/s] claims the landlord has harassed them.
A landlord must not interfere with the reasonable peace, comfort, or privacy of the tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986.
Breaching this obligation in circumstances that amount to harassment is an unlawful act for which exemplary damages may be awarded up to a maximum of $3,000.00. See section 38(3) and Schedule 1A RTA.
Harassment means "to trouble, worry or distress" or "to wear out, tire, or exhaust" and "indicates a particular pattern of behaviour directed towards another person". MacDonald v Dodds, CIV-2009-019-001524, DC Hamilton, 26 February 2010.
The tenant says the landlord ([Landlord 2]) made multiple heated phone calls to her complaining about cars parked on the grass, a parked caravan, temporary doors over the car port, and a hangi pit in the back yard. The tenant says the landlord was nit-picking and sent an email which stated that she could do as many inspections as she wanted. The tenant wanted privacy as she had just had a baby, but the landlord insisted that a sales agent come out to do an appraisal. The tenant says the landlord’s written correspondence was ok, but her phone calls were nasty. The tenant says the landlord kept telling her she had no tenancy agreement after she revoked her notice to terminate (by agreement).
[Landlord 1] acknowledged that communication with [Landlord 2] can be a challenge as English is not her first language. The landlord says that all communications around parking on the lawns, repairs to the chimney, and potential damages, were justified and not harassment.
Firstly, I find that the landlord breached the tenant’s quiet enjoyment when she stated in an email that she had the right to do as many inspections as possible which is clearly not correct. However, the tenant has not provided sufficient evidence to prove that they were harassed by the landlord. I find that the landlord had justifiable concerns around parking on the lawn and possible damage and the written communications do not amount to harassment. The landlord was within their rights to send out a sales agent for an appraisal. I agree that the landlord did make references to the tenant not having a tenancy agreement, but she also referred to the parties sorting this out between them, so I find this has no link with harassment. I am unable to make any finding about harassing phone calls as the tenant was unable to provide any evidence in support.
This part of the claim is dismissed.

Did the landlord require rent to be paid before rent already paid has been used up?

[The tenant/s] claims the landlord has required rent to be paid before the rent already paid has been used up. The tenant says she was always 2 weeks in advance by her own request. However, there was a point in time when she terminated the tenancy and used one week of the two weeks in advance. When the tenancy continued, the landlord asked the tenant to pay another week to bring her back to two weeks in advance as before. The tenant says she told the landlord that this was unlawful, but she would not agree.
A landlord must not require the payment of any rent before the expiry of the period for which rent has been paid already. Section 23(1)(b) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. Section 23(4) and Schedule 1A Residential Tenancies Act 1986.
On balance, I find it more likely than not that the landlord required rent to be paid before the rent period had already been used up. However, I decline to make award for exemplary damages. I find no evidence that the landlord intentionally required the tenant to pay rent before it was due; rather rent did get out of kilter for a time and the landlord reverted back to the system the tenant had put in place herself from the start of the tenancy. The landlord acknowledged that there was never any problem with rent and the tenants were good tenants.
In these circumstances, it would not be just to make any an award of exemplary damages and this part of the tenant’s claim is dismissed. Filing fee
As the tenant has partly succeeded with the claim, the landlord must reimburse the filing fee. Name suppression
Both parties agree to name suppression for each other.

Tenancy Tribunal case 4640349 — Tenancy dispute

At a glance

Tenancy Tribunal case 4640349 — Tenancy dispute

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the landlord harass the tenant?

Did the landlord require rent to be paid before rent already paid has been used up?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the landlord harass the tenant?

Did the landlord require rent to be paid before rent already paid has been used up?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions