What was Tenancy Tribunal case 4691626 about?

The tribunal order states: [The tenant/s], [The tenant/s], [The tenant/s] and [The tenant/s] must pay Braziers Limited as agent for Stallion Properties Limited

How much money was awarded in case 4691626?

Property Damage: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Roof Inspection: $79.00 awarded to landlord

What type of tenancy dispute was case 4691626?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4691626?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9551085-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4691626 about?

The tribunal order states: [The tenant/s], [The tenant/s], [The tenant/s] and [The tenant/s] must pay Braziers Limited as agent for Stallion Properties Limited

How much money was awarded in case 4691626?

Property Damage: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Roof Inspection: $79.00 awarded to landlord

What type of tenancy dispute was case 4691626?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4691626?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9551085-Tenancy_Tribunal_Order.pdf.

120 Lincoln Road, Addington, Christchurch 8024 Tenancy Tribunal Case 4691626 — Exemplary damages

Reasons

Claims and awards in Tenancy Tribunal application 4691626. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Exemplary damages	$1,000.00	Exemplary damages
Roof inspection	$79.00	Roof inspection
Filing fee reimbursement	$20.44	Filing fee reimbursement

All parties attended the hearing. Ms Cattanach represented the landlord.

The landlord claims the tenants have disturbed their neighbours. The landlord has served a breach notice on the tenants, which they have not complied with, but the landlord seeks only exemplary damages and compensation, not termination. The Law

Tenants must not cause or permit interference with the reasonable peace, comfort, or privacy of the landlord's other tenants or of anyone else living in the neighbourhood (s40(2)(c) of the Residential Tenancies Act 1986 (the Act)).

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. (s40(3A)(d) and Schedule 1A of the Act).

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. Evidence, Discussion and Decision

The neighbour most affected by the tenants’ actions, who lives next door to the premises, gave evidence about the tenants’ frequent parties at the premises and the noise and disturbance from them. On one occasion, people were on the roof of the premises and one of the tenants climbed onto the neighbour’s roof. One of the tenants also came up the neighbour’s path and there was a frank exchange of words between them. All this was recorded on video which I viewed

The neighbour described how the noise from the parties disturbed her peace and enjoyment of her premises. She was able to get to sleep but she was always anxious as to what she would wake up to in the morning.

The tenants did not dispute the neighbour’s evidence but said that they had not had a party at the premises for the last three weeks and they had taken steps to reduce the noise from the premises, including moving the lounge to the side of the premises away from the neighbour’s house. How that affects the neighbour on the other side of the premises remains to be seen. Ms Cattanach said that other neighbours have complained about the tenants’ behaviour.

The landlord instructed a contractor to inspect the roofs of both properties after the roof incursion. That was a reasonable thing to do. There was no damage to the roof of the premises but there was some damage to the neighbour’s roof. It is unclear how much that will cost to repair.

I cannot make any order in relation to the neighbour’s roof because it is outside the Tribunal’s jurisdiction. If the person or persons responsible for the damage does not compensate the neighbour, she can take them to the Disputes Tribunal.

The tenants accepted that they should compensate the landlord for the cost of checking the roofs and so I have awarded that.

I find that the tenants have committed an unlawful act. I accept the neighbour’s evidence that the tenants’ behaviour was well beyond what could be considered reasonable. She said that that she has lived in her house for 23 years and she has not had any problems with her neighbours until now. It has been continual and that constitutes harassment.

The tenants have received warnings and they have, at least until recently, continued unabated.

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. (s109(3) of the Act).

I am satisfied that there should be an award of exemplary damages. The most significant feature of the case is the disturbance, upset and stress this has caused the neighbour and probably other neighbours. An award of $1,000 is appropriate.

The landlord has chosen not to seek termination of the tenancy for commercial reasons. Considering that, I would hope that the landlord will consider compensating the neighbour from the exemplary damages I have awarded. After all, she is the one who has been most affected by the tenants’ behaviour.

The landlord has been successful and so the tenants must pay the filing fee.

Claims and awards in Tenancy Tribunal application 4691626. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Exemplary damages	$1,000.00	Exemplary damages
Roof inspection	$79.00	Roof inspection
Filing fee reimbursement	$20.44	Filing fee reimbursement

Order

[The tenant/s], [The tenant/s], [The tenant/s] and [The tenant/s] must pay Braziers Limited as agent for Stallion Properties Limited $1,099.44 immediately calculated as shown in the table below.

Reasons

All parties attended the hearing. Ms Cattanach represented the landlord.
The landlord claims the tenants have disturbed their neighbours. The landlord has served a breach notice on the tenants, which they have not complied with, but the landlord seeks only exemplary damages and compensation, not termination. The Law
Tenants must not cause or permit interference with the reasonable peace, comfort, or privacy of the landlord's other tenants or of anyone else living in the neighbourhood (s40(2)(c) of the Residential Tenancies Act 1986 (the Act)).
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. (s40(3A)(d) and Schedule 1A of the Act).
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. Evidence, Discussion and Decision
The neighbour most affected by the tenants’ actions, who lives next door to the premises, gave evidence about the tenants’ frequent parties at the premises and the noise and disturbance from them. On one occasion, people were on the roof of the premises and one of the tenants climbed onto the neighbour’s roof. One of the tenants also came up the neighbour’s path and there was a frank exchange of words between them. All this was recorded on video which I viewed
The neighbour described how the noise from the parties disturbed her peace and enjoyment of her premises. She was able to get to sleep but she was always anxious as to what she would wake up to in the morning.
The tenants did not dispute the neighbour’s evidence but said that they had not had a party at the premises for the last three weeks and they had taken steps to reduce the noise from the premises, including moving the lounge to the side of the premises away from the neighbour’s house. How that affects the neighbour on the other side of the premises remains to be seen. Ms Cattanach said that other neighbours have complained about the tenants’ behaviour.
The landlord instructed a contractor to inspect the roofs of both properties after the roof incursion. That was a reasonable thing to do. There was no damage to the roof of the premises but there was some damage to the neighbour’s roof. It is unclear how much that will cost to repair.
I cannot make any order in relation to the neighbour’s roof because it is outside the Tribunal’s jurisdiction. If the person or persons responsible for the damage does not compensate the neighbour, she can take them to the Disputes Tribunal.
The tenants accepted that they should compensate the landlord for the cost of checking the roofs and so I have awarded that.
I find that the tenants have committed an unlawful act. I accept the neighbour’s evidence that the tenants’ behaviour was well beyond what could be considered reasonable. She said that that she has lived in her house for 23 years and she has not had any problems with her neighbours until now. It has been continual and that constitutes harassment.
The tenants have received warnings and they have, at least until recently, continued unabated.
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. (s109(3) of the Act).
I am satisfied that there should be an award of exemplary damages. The most significant feature of the case is the disturbance, upset and stress this has caused the neighbour and probably other neighbours. An award of $1,000 is appropriate.
The landlord has chosen not to seek termination of the tenancy for commercial reasons. Considering that, I would hope that the landlord will consider compensating the neighbour from the exemplary damages I have awarded. After all, she is the one who has been most affected by the tenants’ behaviour.
The landlord has been successful and so the tenants must pay the filing fee.

Tenancy Tribunal case 4691626 — Exemplary damages at 120 Lincoln Road, Addington, Christchurch 8024

At a glance

Tenancy Tribunal case 4691626 — Exemplary damages at 120 Lincoln Road, Addington, Christchurch 8024

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions