What was Tenancy Tribunal case 4906054 about?

The tribunal order states: Kāinga Ora–Homes And Communities must pay [The tenant/s] $2,072.44

How much money was awarded in case 4906054?

Filing Fee: $20.44 awarded to tenant; Property Damage: $2,052.00 awarded to tenant

What type of tenancy dispute was case 4906054?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4906054?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10598721-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4906054 about?

The tribunal order states: Kāinga Ora–Homes And Communities must pay [The tenant/s] $2,072.44

How much money was awarded in case 4906054?

Filing Fee: $20.44 awarded to tenant; Property Damage: $2,052.00 awarded to tenant

What type of tenancy dispute was case 4906054?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4906054?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10598721-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4906054 — Property damage

Claims and awards in Tenancy Tribunal application 4906054 — net $2,072.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
General damages	$2,052.00	General damages
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,072.44
Total payable by Landlord to Tenant	$2,072.44

Claims and awards in Tenancy Tribunal application 4906054 — net $2,072.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
General damages	$2,052.00	General damages
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,072.44
Total payable by Landlord to Tenant	$2,072.44

Order

Kāinga Ora–Homes And Communities must pay [The tenant/s] $2,072.44 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The tenant’s application relates to the landlord failing to adequately ensure quiet enjoyment of the tenant in the tenancy.
The tenancy began in July 2023 when the tenant moved into a new complex of townhouses.
The tenant says that after a month of living in the tenancy the next-door neighbour, who is also a Kāinga Ora tenant, began beating his partner and smashing up the home.
An incident occurred on 30 April 2024 where the tenant says that the neighbour was smashing up the house and she could hear their baby screaming. She said that she was worried that the neighbour was killing the baby. The tenant ran to the neighbour’s home and said that the neighbour was assaulting his partner. The tenant banged on the door in an attempt for the behaviour to stop. She says that the neighbour saw her at the window and after picking up what she described as a large round weight that goes on a barbell, he ran toward her and threatened to throw the weight through the window at her.
The tenant returned to her home and called the Police. While the tenant says that the neighbour was taken away by the Police, he returned a few days later.
On the day of the incident the tenant called the Kāinga Ora call centre. She advised what had happened and said that she wanted to move. She was told that details of her call would be passed to her Housing Manager. In Kāinga Ora’s call log it states that the tenant is reporting a current incident at the address involving the neighbour. It went on to say “currently Police are over at the address. Tenant seems traumatised by this and wants HSM to contact her...”
The tenant had been a victim of domestic violence herself and had provided evidence of this to Kāinga Ora prior to moving into the tenancy.
The tenant did not hear from her Housing Manager or anyone from Kāinga Ora.
At the hearing Kāinga Ora acknowledged that no steps were taken by Kāinga Ora in relation to contacting the tenant or the neighbour in relation to this incident.
The tenant says that on 28 May 2024 the neighbour was smashing up the house again. Again, she called the Kāinga Ora call centre. In the call the tenant advised that she had been locking herself and her child inside for fear of seeing this neighbour. The tenant also asked for an extra lock on the door for safety.
This time the Kāinga Ora Housing Manager called the tenant back and made an appointment to visit the following day. The Housing Manager did not attend that arranged meeting, nor advise that he was not attending. The tenant again called the Kāinga Ora call centre. This time she mentioned that her child has been distressed by the incidences and is afraid to go outside to put the rubbish out or get the mail.
Kāinga Ora finally met with the tenant on 30 May 2024, a month after she had called Kāinga Ora in a distressed state.
Kāinga Ora did not get hold of the neighbour until 31 May 2024.
On 4 June 2024 the tenant was advised that the neighbour had been given a verbal warning about an incident. At the hearing Kāinga Ora advised that this was another incident of domestic violence and not the first incident complained of by the tenant. This incident was brought to the notice of Kāinga Ora by another person.
The tenant said that there was a further incident around midnight on 11 June 2024. The tenant was woken by smashing in the neighbour’s property. She rang the Police, and the neighbour was taken away.
Kāinga Ora advised that the neighbour was issued with a breach notice at a meeting with the neighbour on 13 June 2024.
The tenant had also complained that the neighbour was using drugs, which she says is a breach of the Residential Tenancies Act 1986. On 8 June 2024 the tenant provided Kāinga Ora with photographs and video evidence in relation to drug use. The response she received from Kāinga Ora was to advise the tenant to refrain from taking photographs and videos of the neighbour’s home without their consent.
There was no evidence that Kāinga Ora took any action in relation to the drug use. At the hearing Kāinga Ora confirmed that the breach notice served on the neighbour on 13 June 2024 did not include the breach in relation to drug use even though the Act provides that a tenant shall not use the premises for any unlawful purpose 1 .
In relation to the drug use the tenant advised at the hearing that when the neighbour was using drugs, she would close the windows, so that the smoke did not enter her home and in particular her child’s bedroom.
The tenant moved out of the premises on 13 June 2024. She moved to a private rental.
The tenant said that she had asked about wanting to transfer to another Kāinga Ora property but was told that it was not possible. At the hearing the tenant confirmed that she had not been advised of the process for transfer which apparently involves the Ministry of Social Development.
The tenant says that she had no option but to leave the tenancy due to safety issues for herself and her child and Kāinga Ora’s failure to ensure a safe living environment.
The tenant sold belongings such as her bed, fridge, washing machine, dining room table and laptop to afford to move. She is now living in a private rental paying rent over four times what she paid in the Kāinga Ora property.
The tenant became frustrated by the inaction by Kāinga Ora and sought the assistance of the media.
The tenant said that she had asked Kāinga Ora for a reference, as she always paid her rent on time and the premises were kept clean, which she hopped 1 Section 40(2)(b) Residential Tenancies Act 1986 would help her secure a private rental. She asked several times for that reference but only received one on 11 June 2024 which was after Kāinga Ora were contacted by media. By that time the tenant had secured a new tenancy without a reference. Analysis
Section 40 of the Residential Tenancies Act 1986 sets out the tenant responsibilities including that the tenant shall not: cause or permit any interference with the reasonable peace, comfort, or privacy of any of the landlord’s other tenants in the use of the premises occupied by those other tenants, or with the reasonable peace, comfort, or privacy of any other person residing in the neighbourhood 2 .
On the evidence the neighbour has breached this responsibility on several occasions. Kāinga Ora say that they have issued the neighbour with a verbal warning and a breach notice.
Section 45 of the Residential Tenancies Act 1986 sets out the landlord responsibilities including that the landlord shall: take all reasonable steps to ensure that none of the landlord’s other tenants causes or permits any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises 3 .
I find that the landlord has breached its obligations under section 45(1)(e) for the following reasons: (a) The landlord failed to respond to communication from the tenant in relation to behaviour by the neighbour including what the tenant says was a threat of violence, where Police intervention was sought and where it was acknowledged by the Kāinga Ora call centre staff that the tenant “...seems traumatised by this...” (b) The tenant contacted the landlord one month later to report another incident of domestic violence involving the neighbours where the tenant felt unsafe, and she and her child were scared. (c) The landlord’s visit arranged for 29 May 2024 to meet to discuss the incidents did not occur and the landlord did not contact to advise it would not occur. (d) The tenant asked for the neighbour to be breached by the landlord but instead the landlord gave the neighbour a verbal warning that would not have been applicable for a section 55A termination. 2 Section 40(2)(c) Residential Tenancies Act 1986 3 Section 45(1)(e) Residential Tenancies Act 1986 (e) The landlord failed to take any action against the neighbour in relation to the evidence submitted by the tenant in relation to drug use on the premises which impacted on the tenant.
For those reasons, I find that the landlord has not taken all reasonable steps to ensure that none of the landlord’s other tenants caused or interfered with the reasonable peace, comfort or privacy of the other tenants (this tenant) in the use of her premises. Exemplary damages
The tenant applied for exemplary damages. Exemplary damages can be ordered when the landlord (or tenant) commits a defined unlawful act in the Residential Tenancies Act 1986. In this case however, a breach of section 40(1)(e) is not deemed to be an unlawful act (see Maria Cavanagh v Kainga Ora [2022] NZDC 7003). Compensation / General damages
The tenant applied for compensation, and I consider that compensation should be ordered in this case. Compensation is money ordered to remedy an actual loss.
Due to the landlord’s failure to act the tenant felt that she had no other option than to move out of the tenancy into a private rental. While she had asked about a transfer there was no evidence produced to show that any information was provided to the tenant in relation to the process for transfer. At the hearing the tenant confirmed that she was not aware of the process.
The tenant had requested a reference from the landlord on several occasions both in person and by email and text. The landlord emailed a reference to the tenant on 11 June 2024 which was after the date that the tenant had secured a new tenancy.
The situation with the tenant had been reported in the media on 12 June 2024 and the reporter had contacted Kāinga Ora on an earlier date. It seems that the response by Kāinga Ora including providing a reference was after media became involved.
When the tenant decided that the only option was to move from the tenancy, she asked Kāinga Ora whether she could get financial assistance with the move. Her request was declined until the day before the hearing when Kāinga Ora offered $1,000.00 toward the tenant’s costs.
When I consider the level of compensation for the tenant I have taken account of the actual financial costs the tenant incurred in moving; the effect the domestic violence had on her and her child; that the tenant was sensitive to domestic violence having been a victim herself (which was known by Kāinga Ora); the other financial costs the tenant incurred such as selling many of her belongings; and the significant ongoing cost of moving from social housing to a private rental.
For these reasons I order the actual costs incurred by the tenant in moving to the new tenancy which amounts to $2,052.00.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason I have suppressed the tenant’s name as sought.

Tenancy Tribunal case 4906054 — Property damage

At a glance

Tenancy Tribunal case 4906054 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions