What was Tenancy Tribunal case 4691570 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 4691570?

Compensation: Breach of quiet enjoym…: $350.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Reimbursement Of Power Costs: $108.00 awarded to tenant

What type of tenancy dispute was case 4691570?

The dispute type was not classified.

Where can I read the official tribunal order for case 4691570?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9787138-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4691570 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 4691570?

Compensation: Breach of quiet enjoym…: $350.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Reimbursement Of Power Costs: $108.00 awarded to tenant

What type of tenancy dispute was case 4691570?

The dispute type was not classified.

Where can I read the official tribunal order for case 4691570?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9787138-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4691570 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4691570 — net $478.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Reimbursement of power costs	$108.00	Reimbursement of power costs
Compensation: Breach of quiet enjoyment	$350.00	Breach of quiet enjoyment
Filing fee reimbursement	$20.44	27. I award compensation.
Net award	$478.44
Total payable by Landlord to Tenant	$478.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details. 2.

Reasons

The tenants’ application sought reimbursement of power costs and compensation for breach of quiet enjoyment.
The hearing took place in [Event location suppressed] on 6 December 2023. Both parties attended the hearing. Ms Milner represented the landlord. Power cost
The house is on a lifestyle block in [Tenancy address suppressed]. The landlords graze animals in the paddocks around the house.
The stock troughs in the paddocks are supplied from a tank via a water pump. The power for that pump is part of the metered power at the tenanted premises.
The tenants were not aware of this when they agreed to the tenancy.
When [The tenant/s] became that they were paying for the power used by the pump, they raised a concern with Ms Milner. Ms Milner arranged for a basic power meter to be attached to the pump to determine the actual power use of the pump.
[The tenant/s] submitted that they felt ‘deceived’ by the fact that the landlord failed to tell them that they were paying for the power used by the pump.
I agree that it is advisable for landlords to discuss these types of issues with tenants before the start of the tenancy, and to come to a clear and sensible arrangement from the outset.
The fact that the landlord failed to tell the tenant in this instance is not in itself grounds for an award of compensation or exemplary damages, [The tenant/s] are entitled to reimbursement of the cost of power used by the pump. Tenants are not liable to pay for outgoings that they do not consume 1 .
The parties disagree about how to calculate the power use.
Ms Milner submitted that the cost is approximately $1.50 per week.
[Tenant 1] requested compensation of $50.00 per month.
On the evidence available to me I am satisfied that Ms Milner’s assessment is the more accurate.
The two actual readings from the meter that Ms Milner put on the pump show power use of 4kW over a 7-day period and 6.3kW over a 9-day period.
The average cost of power in [the area] is currently 23.05 cents per kWh.
In April there was a leak due to a broken pipe and the tank was pumped dry. The owner paid the tenant $40.00 compensation for power used in this incident. This is a significant over-estimate of the actual power used ($40.00 represents approximately about 173kWh), but it is an agreement that the parties freely made, and therefore I will not take that payment into account.
At the date of hearing the tenancy had been in place for 72 weeks.
I will award reimbursement of $108.00 (72 weeks at $1.50 per week). Breach of quiet enjoyment 1 Section 39 Residential Tenancies Act 1986 (RTA)
Landlords must not cause or permit any interference with the reasonable peace, comfort and privacy of the tenant 2 .
[Tenant 1] submitted that Ms Milner breached this duty by speaking to him in a belittling and insulting way, using inappropriate language.
Ms Milner accepted that on one occasion she used the word “asshole”, although she denied [Tenant 1] allegation that she called him a “fucking asshole”. Ms Milner recalled that she said to [Tenant 1] “don’t be an asshole about this”.
Ms Milner also denied [Tenant 1] allegation that she called him an “idiot”, and that she made a comment about him “having problems with his wife because he cannot communicate”.
I have no independent evidence in respect of those disputed incidents, but the specificity of the alleged comment about [Tenant 1] “having problems with his wife because he cannot communicate” supports its credibility.
Ms Milner has spoken to [Tenant 1] in a manifestly inappropriate way on at least one occasion.
I agree that this amounts to an unreasonable interference with [The tenant/s] peace, comfort, and privacy. A ‘personality clash’ between landlord and tenant does not amount a breach of the tenant’s reasonable peace, comfort, and privacy 3 , but landlords, in particular professional property managers, are appropriately held to a high standard in their communications about tenancy matters. A rental property is a business, and landlords should take a business- like approach.
Given that there is only one clearly established incidence of inappropriate language it is not appropriate to make an award of exemplary damages.
I award compensation. Ms Milner’s comment caused unnecessary distress and aggravation. I will award $350.00. Filing fee, name suppression
The tenants have been successful in this application.
The request for name suppression is granted.
I will award the tenants the filing fee of $20.44 4 .

Claims and awards in Tenancy Tribunal application 4691570 — net $478.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Reimbursement of power costs	$108.00	Reimbursement of power costs
Compensation: Breach of quiet enjoyment	$350.00	Breach of quiet enjoyment
Filing fee reimbursement	$20.44	27. I award compensation.
Net award	$478.44
Total payable by Landlord to Tenant	$478.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details. 2.

Reasons

The tenants’ application sought reimbursement of power costs and compensation for breach of quiet enjoyment.
The hearing took place in [Event location suppressed] on 6 December 2023. Both parties attended the hearing. Ms Milner represented the landlord. Power cost
The house is on a lifestyle block in [Tenancy address suppressed]. The landlords graze animals in the paddocks around the house.
The stock troughs in the paddocks are supplied from a tank via a water pump. The power for that pump is part of the metered power at the tenanted premises.
The tenants were not aware of this when they agreed to the tenancy.
When [The tenant/s] became that they were paying for the power used by the pump, they raised a concern with Ms Milner. Ms Milner arranged for a basic power meter to be attached to the pump to determine the actual power use of the pump.
[The tenant/s] submitted that they felt ‘deceived’ by the fact that the landlord failed to tell them that they were paying for the power used by the pump.
I agree that it is advisable for landlords to discuss these types of issues with tenants before the start of the tenancy, and to come to a clear and sensible arrangement from the outset.
The fact that the landlord failed to tell the tenant in this instance is not in itself grounds for an award of compensation or exemplary damages, [The tenant/s] are entitled to reimbursement of the cost of power used by the pump. Tenants are not liable to pay for outgoings that they do not consume 1 .
The parties disagree about how to calculate the power use.
Ms Milner submitted that the cost is approximately $1.50 per week.
[Tenant 1] requested compensation of $50.00 per month.
On the evidence available to me I am satisfied that Ms Milner’s assessment is the more accurate.
The two actual readings from the meter that Ms Milner put on the pump show power use of 4kW over a 7-day period and 6.3kW over a 9-day period.
The average cost of power in [the area] is currently 23.05 cents per kWh.
In April there was a leak due to a broken pipe and the tank was pumped dry. The owner paid the tenant $40.00 compensation for power used in this incident. This is a significant over-estimate of the actual power used ($40.00 represents approximately about 173kWh), but it is an agreement that the parties freely made, and therefore I will not take that payment into account.
At the date of hearing the tenancy had been in place for 72 weeks.
I will award reimbursement of $108.00 (72 weeks at $1.50 per week). Breach of quiet enjoyment 1 Section 39 Residential Tenancies Act 1986 (RTA)
Landlords must not cause or permit any interference with the reasonable peace, comfort and privacy of the tenant 2 .
[Tenant 1] submitted that Ms Milner breached this duty by speaking to him in a belittling and insulting way, using inappropriate language.
Ms Milner accepted that on one occasion she used the word “asshole”, although she denied [Tenant 1] allegation that she called him a “fucking asshole”. Ms Milner recalled that she said to [Tenant 1] “don’t be an asshole about this”.
Ms Milner also denied [Tenant 1] allegation that she called him an “idiot”, and that she made a comment about him “having problems with his wife because he cannot communicate”.
I have no independent evidence in respect of those disputed incidents, but the specificity of the alleged comment about [Tenant 1] “having problems with his wife because he cannot communicate” supports its credibility.
Ms Milner has spoken to [Tenant 1] in a manifestly inappropriate way on at least one occasion.
I agree that this amounts to an unreasonable interference with [The tenant/s] peace, comfort, and privacy. A ‘personality clash’ between landlord and tenant does not amount a breach of the tenant’s reasonable peace, comfort, and privacy 3 , but landlords, in particular professional property managers, are appropriately held to a high standard in their communications about tenancy matters. A rental property is a business, and landlords should take a business- like approach.
Given that there is only one clearly established incidence of inappropriate language it is not appropriate to make an award of exemplary damages.
I award compensation. Ms Milner’s comment caused unnecessary distress and aggravation. I will award $350.00. Filing fee, name suppression
The tenants have been successful in this application.
The request for name suppression is granted.
I will award the tenants the filing fee of $20.44 4 .

Tenancy Tribunal case 4691570 — Tenancy dispute

At a glance

Tenancy Tribunal case 4691570 — Tenancy dispute

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