What was Tenancy Tribunal case 4934917 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4934917?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4934917?

The primary dispute was Leaks. Related themes: State of repair, Exemplary damages, Harassment.

Where can I read the official tribunal order for case 4934917?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11058949-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4934917 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4934917?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4934917?

The primary dispute was Leaks. Related themes: State of repair, Exemplary damages, Harassment.

Where can I read the official tribunal order for case 4934917?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11058949-Tribunal_Order_Redacted.pdf.

9A Paterson Place, Whakatane, Whakatane 3120 Tenancy Tribunal Case 4934917 — Leaks

Tenantcheck Insights

Reasons

Both parties attended the hearing.

The tenants seek $3,979.56 compensation for breach of their quiet enjoyment and exemplary damages for harassment.

By way of background, the Tribunal made an order on 21 June 2024 that the landlord pay the tenant $6,020.44 compensation and exemplary damages for failure to maintain the premises and breach of quiet enjoyment.

The tenant confirmed they vacated the premises a few weeks ago and they do not intend to return. Did the landlord breach the tenants’ quiet enjoyment leading to harassment?

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.

The tenant says that since the last order, they agreed to a work plan with the landlord to help address the flooding issues at the premises. The tenant says the contractor carried out some work, but this was in the wrong area, and they left the site in a hazardous state. The tenant says they have had to put up with contractors coming through the property as the driveway is still flooding, spouting work had to be done, and the roof was leaking in bad weather. The tenant says the property was left in a hazardous and unsafe state by contractors which has breached their quiet enjoyment, and they feel they have been harassed.

I find that the tenant has not provided sufficient evidence of a breach of their quiet enjoyment leading to harassment. The test is one of reasonableness and and I find no evidence that the landlord has breached their obligations to the tenant. The tenant provided some photographs of the work site, but this was after they say they cleaned up. The tenant was unable to provide any objective evidence that the work was done in the wrong place and the site left in a hazardous state. The landlord has provided evidence that the tenant did not allow initially allow access to check the roof leak and they have stopped access entirely; although I note they did allow the roofer to carry out some repairs.

While I share the tenants concerns about roof leaks and flooding, the weather has been extreme and flooding affected lots of properties in the Whakatane area and beyond. I also accept that the landlord has been reactive to complaints, and they have had ongoing communication with the local council in seeking a more permanent solution about the driveway.

The claim for compensation and exemplary damages is dismissed.

Although the tenants have not been successful, I have exercised my discretion and ordered ongoing name suppression as this was granted for the original order on 21 June 2024.

Reasons

Both parties attended the hearing.

The tenants seek $3,979.56 compensation for breach of their quiet enjoyment and exemplary damages for harassment.

The tenant confirmed they vacated the premises a few weeks ago and they do not intend to return. Did the landlord breach the tenants’ quiet enjoyment leading to harassment?

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.

The claim for compensation and exemplary damages is dismissed.

Although the tenants have not been successful, I have exercised my discretion and ordered ongoing name suppression as this was granted for the original order on 21 June 2024.

Tenancy Tribunal case 4934917 — Leaks at 9A Paterson Place, Whakatane, Whakatane 3120

At a glance

Tenancy Tribunal case 4934917 — Leaks at 9A Paterson Place, Whakatane, Whakatane 3120

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