What was Tenancy Tribunal case 4714549 about?

The tribunal order states: Barfoot & Thompson Limited - Takapuna Monique Barker and Scott Cai must

How much money was awarded in case 4714549?

Compensation: Unlawful Entry by Land…: $350.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4714549?

The dispute type was not classified.

Where can I read the official tribunal order for case 4714549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9653067-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4714549 about?

The tribunal order states: Barfoot & Thompson Limited - Takapuna Monique Barker and Scott Cai must

How much money was awarded in case 4714549?

Compensation: Unlawful Entry by Land…: $350.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4714549?

The dispute type was not classified.

Where can I read the official tribunal order for case 4714549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9653067-Tribunal_Order_Redacted.pdf.

16A Edenvale Crescent, Mount Eden, Auckland 1024 Tenancy Tribunal Case 4714549 — Tenancy dispute

Tenantcheck Insights

16A Edenvale Crescent, Mount Eden, Auckland 1024 Tenancy Tribunal Case 4714549 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4714549 — net $370.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Compensation: Unlawful Entry by Landlord	$350.00	Unlawful Entry by Landlord
Net award	$370.44
Total payable by Landlord to Tenant	$370.44

Claims and awards for application 4714549 — net $370.44 NZD. Verify on MoJ.

Filing fee reimbursement

Amount: $20.44
Awarded to: Tenant
Reason: Filing fee reimbursement

Compensation: Unlawful Entry by Landlord

Amount: $350.00
Awarded to: Tenant
Reason: Unlawful Entry by Landlord

Net award

Tenant $370.44

Total payable by Landlord to Tenant

Tenant $370.44

Claim types — money lines allowed on this order

Compensation Filing Fee

Order

Barfoot & Thompson Limited - Takapuna Monique Barker and Scott Cai must pay [The tenant/s] $370.44 immediately.

Reasons

Both parties attended the hearing.
[The tenant/s] claims the landlord has entered the premises 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) and (3) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 48 (4)(a) and Schedule 1A Residential Tenancies Act 1986.
The tenant says that the landlord entered the property without prior consent. On Wednesday 11 October 2023 an unannounced property viewing occurred at 16A Edenvale Crescent.
The tenant states that none of them received prior notice, leading to a privacy breach with their confidential items exposed. During the hearing one of the tenant’s stated that he came home to find the landlord on the property.
The property manager cited an IT system glitch and believed an apology was sufficient.
The landlord accepts the breach and has assured the tenants that this will not happen again. I accept the landlord’s explanation and have sighted an email to the tenants apologising for the error. The landlord has also provided a full explanation to the tenants in respect of the breach.
While I consider this breach to be of a less serious nature the onus still falls on the landlord to ensure that their actions strictly comply with the Residential Tenancies Act. Although an IT system error, property managers should, at the very least, undertake a manual check to ensure the required consent has been obtained prior to arriving at the property.
Although I find the landlord has committed an unlawful act I hold the view that this was not intentional. Accordingly, I award a small level of compensation to reflect the breach.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.
The tenants applied for a name suppression order. The tenants are entitled to name suppression as the application is successful.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4714549 — net $370.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Compensation: Unlawful Entry by Landlord	$350.00	Unlawful Entry by Landlord
Net award	$370.44
Total payable by Landlord to Tenant	$370.44

Claims and awards for application 4714549 — net $370.44 NZD. Verify on MoJ.

Filing fee reimbursement

Amount: $20.44
Awarded to: Tenant
Reason: Filing fee reimbursement

Compensation: Unlawful Entry by Landlord

Amount: $350.00
Awarded to: Tenant
Reason: Unlawful Entry by Landlord

Net award

Tenant $370.44

Total payable by Landlord to Tenant

Tenant $370.44

Claim types — money lines allowed on this order

Compensation Filing Fee

Order

Barfoot & Thompson Limited - Takapuna Monique Barker and Scott Cai must pay [The tenant/s] $370.44 immediately.

Reasons

Both parties attended the hearing.
[The tenant/s] claims the landlord has entered the premises 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) and (3) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 48 (4)(a) and Schedule 1A Residential Tenancies Act 1986.
The tenant says that the landlord entered the property without prior consent. On Wednesday 11 October 2023 an unannounced property viewing occurred at 16A Edenvale Crescent.
The tenant states that none of them received prior notice, leading to a privacy breach with their confidential items exposed. During the hearing one of the tenant’s stated that he came home to find the landlord on the property.
The property manager cited an IT system glitch and believed an apology was sufficient.
The landlord accepts the breach and has assured the tenants that this will not happen again. I accept the landlord’s explanation and have sighted an email to the tenants apologising for the error. The landlord has also provided a full explanation to the tenants in respect of the breach.
While I consider this breach to be of a less serious nature the onus still falls on the landlord to ensure that their actions strictly comply with the Residential Tenancies Act. Although an IT system error, property managers should, at the very least, undertake a manual check to ensure the required consent has been obtained prior to arriving at the property.
Although I find the landlord has committed an unlawful act I hold the view that this was not intentional. Accordingly, I award a small level of compensation to reflect the breach.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.
The tenants applied for a name suppression order. The tenants are entitled to name suppression as the application is successful.

Tenancy Tribunal case 4714549 — Tenancy dispute at 16A Edenvale Crescent, Mount Eden, Auckland 1024

At a glance

Tenancy Tribunal case 4714549 — Tenancy dispute at 16A Edenvale Crescent, Mount Eden, Auckland 1024

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