What was Tenancy Tribunal case 4792561 about?

The tribunal order states: Imtiazud Dean and Gulshan Dean must pay [The tenant/s] $1,800.44 immediately,

How much money was awarded in case 4792561?

Compensation: breach of tenant's qui…: $350.00 awarded to tenant; Compensation: breach of tenant's qui…: $50.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4792561?

The dispute type was not classified.

Where can I read the official tribunal order for case 4792561?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9990634-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4792561 about?

The tribunal order states: Imtiazud Dean and Gulshan Dean must pay [The tenant/s] $1,800.44 immediately,

How much money was awarded in case 4792561?

Compensation: breach of tenant's qui…: $350.00 awarded to tenant; Compensation: breach of tenant's qui…: $50.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4792561?

The dispute type was not classified.

Where can I read the official tribunal order for case 4792561?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9990634-Tribunal_Order_Redacted.pdf.

19 Elevation Street, Flat Bush, Auckland 2019 Tenancy Tribunal Case 4792561 — Tenancy dispute

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Reasons

Claims and awards in Tenancy Tribunal application 4792561 — net $1,800.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Bond refund	$1,380.00	Bond refund
Compensation: breach of tenant's quiet enjoyment on 4 October 2023	$350.00	breach of tenant's quiet enjoyment on 4 October 2023
Compensation: breach of tenant's quiet enjoyment on 6 October 2023	$50.00	breach of tenant's quiet enjoyment on 6 October 2023
Filing fee	$20.44	Filing fee
Net award	$1,800.44
Total payable by Landlord to Tenant	$1,800.44

Both parties attended the hearing.

The tenant has applied for the return of their bond, exemplary damages for non- lodgment of the bond, and exemplary damages for breach of their quiet enjoyment. The tenant also complained that no remote control had been given to them to access the gate for their motorcycle parking. Jurisdiction

The landlord challenged the jurisdiction of the Tenancy Tribunal to hear this claim under section 5(1)(n) of the Residential Tenancies Act 1986 (‘RTA’) because the premises, not being a boarding house, continue to be used, during the tenancy, principally as a place of residence by the landlord or the owner of the premises or by any member of the landlord’s or owner’s family.

However, the tenant was occupying the ground floor area of the premises which is self-contained and separated from the upstairs 4 bedroom area occupied by the landlord and their family. Cooking and bathing were all undertaken downstairs by the tenant who does not go to the upstairs area occupied by the landlord. There is a separate access to the downstairs area that was rented out to the tenant.

Consequently, the exclusion under section 5(1)(n) RTA does not apply to this residential tenancy. The Tenancy Tribunal has exclusive jurisdiction to deal with the tenant’s claims. Breach of quiet enjoyment and harassment

[The tenant/s] claims the landlord has breached their quiet enjoyment and 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.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied that 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. See section 109(3) Residential Tenancies Act 1986.

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.

I am satisfied that the landlord on 4 and 6 October 2023 breached the tenant’s quiet enjoyment of the premises.

On 4 October, the landlord went downstairs to the tenant’s unit at 10pm to discuss the tenant’s email requesting for the link to the landlord’s advertising to relet the premises after the tenant had given notice that they will be vacating on 8 October 2023. I consider this confrontation unnecessary and unreasonable given the lateness of the hour. I award the tenant general damages of $350.00 for stress and inconvenience for the landlord’s breach of their quiet enjoyment on this occasion.

On 6 October, the landlord went downstairs to the tenant’s unit between 8-9pm to retrieve items from the storage room downstairs. Again, I consider this visit unreasonable given the lateness of the hour; the landlord’s reason that they were fearful of their precious items is unwarranted. I award the tenant general damages of $50.00 for further stress and inconvenience for the landlord’s breach of their quiet enjoyment on that occasion.

The landlord’s breach of the tenant’s quiet enjoyment on those two occasions however do not amount to harassment. Accordingly, I do not consider that the landlord has committed an unlawful act under section 38(3) RTA. Bond

[The tenant/s] claims the landlord has not lodged the bond with the Bond Centre within the required time.

A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) 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. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.

By failing to lodge the bond, I find the landlord have committed an unlawful act.

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. See section 109(3) Residential Tenancies Act 1986.

Having heard from the landlord, I find that they have not committed the unlawful act intentionally. The landlord rung Tenancy Services to enquire whether they have to lodge the bond or not. They assumed that the tenants were in a boarding arrangement with them and the advice given by the call taker was that it was their choice on whether they should lodge the bond or not. Consequently, I do not find it just to award any exemplary damages against the landlord. It is appropriate that the bond should just be returned to the tenant forthwith. Remote access

Lastly I do not consider that the tenant is entitled to any compensation for not been provided with a remote for their motorcycle access and parking. The tenancy specifically provides that only off-street parking is available and the tenant duly parked their car outside. The landlord has duly provided access for the tenant’s motorcycle whenever they text on returning to the premises.

The tenant has been largely successful on their claims; they are entitled to the reimbursement of the filing fee and name suppression as requested.

Reasons

Claims and awards in Tenancy Tribunal application 4792561 — net $1,800.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Bond refund	$1,380.00	Bond refund
Compensation: breach of tenant's quiet enjoyment on 4 October 2023	$350.00	breach of tenant's quiet enjoyment on 4 October 2023
Compensation: breach of tenant's quiet enjoyment on 6 October 2023	$50.00	breach of tenant's quiet enjoyment on 6 October 2023
Filing fee	$20.44	Filing fee
Net award	$1,800.44
Total payable by Landlord to Tenant	$1,800.44