What was Tenancy Tribunal case 4867284 about?

The tribunal order states: [The landlord/s] must pay [The tenant/s] $1,798.00 immediately, calculated as

How much money was awarded in case 4867284?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4867284?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4867284?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10962102-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4867284 about?

The tribunal order states: [The landlord/s] must pay [The tenant/s] $1,798.00 immediately, calculated as

How much money was awarded in case 4867284?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4867284?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4867284?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10962102-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4867284 — Exemplary damages

Order

[The landlord/s] must pay [The tenant/s] $1,798.00 immediately, calculated as shown in table below.

Reasons

[The tenant/s] and [Landlord 1] attended the hearing. [Landlord 2] did not attend.
The tenant has applied for the following: (a) Bond refund of $2,200.00. (b) Compensation of $500.00 for builder’s use of power and water. (c) Exemplary damages under s.13A(1AAA) for landlord failing to ensure the tenancy agreement includes certain information specified in s.13A(1). (d) Exemplary damages under s.13A(1F)(a) for landlord failing to comply with sections 13A(1A), (1CA), (1CB), (2), (3) or (4). (e) Exemplary damages for bond not lodged (s.19(2)). (f) Exemplary damages for harassment (s.38(3)). (g) Exemplary damages for landlord failure to maintain (s.45(1A)). (h) Exemplary damages for landlord failure to provide Healthy Homes information on request (s.45(1AD)(a)). (i) Exemplary damages for landlord failure to provide insurance policy or to correct information provided on request (s.45(2D)).
The landlords have filed a cross application and seek the following: (a) Rent arrears of $250.00. (b) Compensation for damage of $552.00.
The tenant originally indicated she did not dispute the landlord’s claims. However, at the hearing it became clear that she was simply accepting that she may owe rent, but the amount was unclear. The tenant does accept she is responsible for damage to the outside step.
The onus is on each of the parties to prove their claims on the balance of probabilities.
This tenancy commenced on 8 April 2021 therefore the Healthy Homes compliance date is 1 July 2025.

Did the landlord fail to ensure the tenancy agreement all required information?

[The tenant/s] claims the landlord did not ensure the tenancy agreement was fully completed with their details as required by section 13A(1) and sections 13A(1A), (1CA), (1CB), (2), (3) and (4) of the Residential Tenancies Act 1986 (RTA).
Breaching these obligations is an unlawful act, for which the Tribunal may award exemplary damages up to a maximum of $750.00 each. See sections 13A(1AAA), sections 13A(1F)(a) and Schedule 1A RTA.
The landlord does not dispute that some details of the healthy homes compliance, insurance policy, and insulation statement, were not completed in full on the tenancy agreement. The landlord says she was an inexperienced landlord at that time.
I find the landlord has committed an unlawful act.
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.
I do not find it just to make any award of exemplary damages as the landlord lacks the requisite intent. I accept that the landlord was inexperienced at the start of the tenancy, and I find there was no intent to avoid their responsibilities. The majority of the tenancy agreement was completed, and the tenant did not suffer any ill effect due to the omissions.
This part of the claim is dismissed.

Did the landlord fail to provide information on request?

[The tenant/s] claims the landlord has not provided a copy of the insurance policy for the premises nor healthy homes information on request. The tenant says she spoke with the landlord on the phone on 24 January 2024 and asked for the information.
A tenant can request the landlord to provide a copy of any insurance policy which relates to the tenant’s liability for destruction of, or damage to, the premises. The landlord must provide a copy of the policy within a reasonable time. The landlord must notify the tenant of any changes to the information provided, or if the premises are no longer insured. See s 45(2B) and (2C) Residential Tenancies Act 1986.
Under section 45, a landlord must, if requested by the tenant, supply the records or other documents that relate to the landlords’ compliance with the Healthy Homes Standards within 21 days after receiving the request.
Breaching any of these obligations is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $900.00 and $750.00, respectively. See sections 45(2D), 45(1AD) and Schedule 1A RTA.
The landlord denies that this request was ever made.
In a situation such as this where the parties give diametrically opposing subjective oral evidence, then some objective evidence must be provided in support. [The tenant/s] has not provided any objective evidence therefore she has not discharged her burden of proof. In other words, she has not provided sufficient evidence that she made a request to the landlord for this information.
Accordingly, this part of the claim is dismissed.

Did the landlord fail to lodge the Bond as required?

[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.
The landlord does not dispute they did not lodge the bond until April 2024 when the tenancy commenced in 2021. The landlord says there was no particular reasons, and they were aware of their obligations.
I find they 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.
I find the landlord intentionally failed to lodge the bond within the required time. The bond is the tenants’ money and must be lodged with the Bond Centre within the statutory time limits to protect the tenants’ interests. Lodging a bond is not a conditional obligation but a mandatory one and it is in the public interest that landlords fulfil their obligations under the Act. If no penalty is imposed there can be no deterrent. The failure to lodge the bond as required led to confusion and distrust between the parties which could have been avoided.
I make an award of $250.00 exemplary damages and I have taken into account the mitigating factor that the bond is now lodged with the bond centre.

Did the landlord fail to maintain the premises?

[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must provide the premises in a reasonable state of cleanliness and provide and maintain the premises in a reasonable state of repair.
Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
The landlord says they were unable to carry out any necessary repairs as they were not notified.
I find that the tenant failed to provide sufficient evidence that she raised the matters she outlined in her list with the landlord. I do find that the landlord did not provide the premises in a reasonable state of cleanliness as the fleas were there from the outset, but this was sorted out within a reasonable time. I also find that the handle on the bedroom door should have been fixed as the landlord was aware of this from the beginning.
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 considered all the factors in s.109(3) RTA, I decline to make any award of exemplary damages. Did the landlord or other on behalf of the landlord harass the tenant and use her power and water?
[The tenant/s] claims the landlord and property manager/agent has harassed them. In summary, the tenant says she was harassed by the property manager who was put in place by the landlord. She says she received unjustified notices for breach, anti-social behaviour, and a rent increase when she had to put up with the front yard being turned into a construction site for around 3 months when the landlord decided to put in 2 new units. The tenant says she called Police as she was worried when the construction workers said they wanted to connect the proposed new dwellings to both her and her neighbour’s water and power supply. The tenant says that there was no communication about how long the works would last, nor what it would entail. The tenant says that [Landlord 2] was well aware of the actions of the property manager, and he refused to communicate with her.
The tenant shall be entitled to have quiet enjoyment of the premises without interruption by the landlord or any person claiming by, through, or under the landlord or having superior title to that of the landlord.
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 landlord gave conflicting evidence about the property manager as they said they did not appoint her, but they do not dispute they sent a letter to the tenant confirming the appointment of the same property manager on 20 March 2024. The landlord says they were victim to a fraud being perpetrated by the property manager and they were not aware of the extent of her actions. The landlord says it was all out of control, stressful and traumatic, and she apologised profusely to the tenant.
I find the landlord has committed an unlawful act.
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.
I find that the tenant has been subject to harassment; both by the construction of new dwellings on the front yard, and by the actions of the landlord’s property manager. The tenant was entitled to quiet enjoyment of the whole premises, and this included the driveway and yard. I accept her evidence that she felt she had no choice but to agree to the landlord’s construction plans, but I also acknowledge the landlord agreed the tenant could keep a dog, there would be a rent reduction of $50.00 per week, a contribution to power and water, and a pergola built for the tenant (although work on pergola did not start before the end of the tenancy).
I also find it likely that the landlord was fully aware of the property manager’s dealings with the tenant and the notices issued. The landlord refers to the tenant being ‘difficult’ and denying access in their timeline to the Tribunal. The tenant was clearly unhappy with the imposition of the construction work, and she was justified in calling a halt when the power and water connections had not been communicated with her. There was no plan of works, and the tenant did not know who might be on site and how long the construction would take. Instead, the tenant was issued with erroneous notices. The notice of rent increase was egregious given that the landlord has already agreed to a reduction in rent of $50.00 per week while the construction work was ongoing.
Weighing all of the factors in section 109(3)(a) to (d) RTA, and in particular the significant effect of the tenant, I find it just to make an award of $2,000.00 exemplary damages. I have taken into account the rent reduction throughout this period.
I also make a nominal award of $100.00 for the use of the tenant’s power and water as this was only for a short time. I accept the evidence of the landlord that she paid the final water bill. Cross application

How much is owed for rent?

The landlord was unable to provide a rent summary to prove any rent arrears therefore this part of the claim must be dismissed.

Is the tenant responsible for the damage to the premises?

The tenant does not dispute that she is responsible for damage to the back steps, and she agreed to pay the invoice of $552.00 to remedy.
I make an order accordingly. Name suppression
Both parties agree to name suppression for each other. Filing fee
I decline to make any award for the respective filing fees.

Tenancy Tribunal case 4867284 — Exemplary damages

Tenancy Tribunal case 4867284 — Exemplary damages

Order

Reasons

Did the landlord fail to ensure the tenancy agreement all required information?

Did the landlord fail to provide information on request?

Did the landlord fail to lodge the Bond as required?

Did the landlord fail to maintain the premises?

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Order

Reasons

Did the landlord fail to ensure the tenancy agreement all required information?

Did the landlord fail to provide information on request?

Did the landlord fail to lodge the Bond as required?

Did the landlord fail to maintain the premises?

How much is owed for rent?

Is the tenant responsible for the damage to the premises?