What was Tenancy Tribunal case 5018692 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5018692?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5018692?

The dispute type was not classified.

Where can I read the official tribunal order for case 5018692?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10965206-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5018692 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5018692?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5018692?

The dispute type was not classified.

Where can I read the official tribunal order for case 5018692?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10965206-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5018692 — Tenancy dispute

Order

The application is dismissed.
Katie Turnbull is a tenant and is added as an applicant in the case.

Reasons

Unlawful entry Jack Gordon and Katie Turnbull claim the landlord has entered the property without consent or notice. However the Residential Tenancies Act 1986 does not require a landlord to give notice to enter the land around the house. It is only if the landlord wishes to enter the house/premises that notice is required. Section 48(1) and (2) Residential Tenancies Act 1986 states that 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. Section 48(7) clarifies that ‘premises’ does not include ‘land’ or ‘facilities’. From the evidence available I cannot make a finding that the landlord unlawfully entered the premises. Breach of quiet enjoyment

Jack Gordon also claim the landlord has interfered with his reasonable peace, in their use of the premises by the times he has gone to the property without notice. See section 38(2) Residential Tenancies Act 1986 provides that: ‘The landlord shall not cause or permit any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises by the tenant’. However Jack and Katie were unable to provide evidence that detailed when the landlord attended the property. There is insufficient evidence that the landlord breached the tenants’ quiet enjoyment of the premises. Compensation for tap and dishwasher failures
The tenants have claimed compensation because the landlord failed to repair a dishwasher and a tap. The dishwasher failure was in 2019. The tap needed a new cartridge in 2019. At the time there was a dispute around the failure of the items and the Tribunal would have made a determination about whose responsibility it was to rectify the faults. The tenants have claimed $13,000.00 compensation for the dishwasher not being repaired for 5 years and $15,600.00 for the tap cartridge issue for 3 years. Tenants have a duty to mitigate a landlord’s loss by making a claim in the Tribunal at the time of the dispute rather than waiting for years and claiming silly amounts of compensation. The delay in bringing these claims to the Tribunal not only points to the parties not having a serious problem at the time, it also presents a difficulty regarding evidence that the Tribunal can rely on. No order for compensation is made regarding the tap or the dishwasher because there is now an evidential difficulty resulting from the tenants waiting too long to bring the claim and not mitigating any loss. Compensation for stress
Jack has claimed that the landlord’s conduct caused issues with his health and wellbeing the functioning of his family and his employment. That is difficult to prove. Stress can come from many sources. It is very rare for compensation for stress or emotional harm to be granted because it is difficult to objectively quantify such harm in monetary terms and the extent of intangible harm is difficult to prove. Claims for distress on its own are therefore generally unsuccessful. Higher courts have demonstrated a reluctance to award any amount for stress unless the core purpose of the contract in question was to relieve it.
The evidence presented by the tenants is insufficient to prove that the landlord behaviour was inappropriate or that his conduct was the cause of Jack’s problems. Compensation cannot be ordered regarding the claim for stress, loss of income and other matters relating to Jack’s health and wellbeing issues. Name Suppression
Because the landlord has wholly succeeded defending the claim, the landlord’s name is suppressed. (see Section 95A(1) of the Residential Tenancies Act 1986). The tenants’ names cannot be suppressed because they did not succeed with their claim.

Reasons

Jack Gordon also claim the landlord has interfered with his reasonable peace, in their use of the premises by the times he has gone to the property without notice. See section 38(2) Residential Tenancies Act 1986 provides that: ‘The landlord shall not cause or permit any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises by the tenant’. However Jack and Katie were unable to provide evidence that detailed when the landlord attended the property. There is insufficient evidence that the landlord breached the tenants’ quiet enjoyment of the premises. Compensation for tap and dishwasher failures

The tenants have claimed compensation because the landlord failed to repair a dishwasher and a tap. The dishwasher failure was in 2019. The tap needed a new cartridge in 2019. At the time there was a dispute around the failure of the items and the Tribunal would have made a determination about whose responsibility it was to rectify the faults. The tenants have claimed $13,000.00 compensation for the dishwasher not being repaired for 5 years and $15,600.00 for the tap cartridge issue for 3 years. Tenants have a duty to mitigate a landlord’s loss by making a claim in the Tribunal at the time of the dispute rather than waiting for years and claiming silly amounts of compensation. The delay in bringing these claims to the Tribunal not only points to the parties not having a serious problem at the time, it also presents a difficulty regarding evidence that the Tribunal can rely on. No order for compensation is made regarding the tap or the dishwasher because there is now an evidential difficulty resulting from the tenants waiting too long to bring the claim and not mitigating any loss. Compensation for stress

Jack has claimed that the landlord’s conduct caused issues with his health and wellbeing the functioning of his family and his employment. That is difficult to prove. Stress can come from many sources. It is very rare for compensation for stress or emotional harm to be granted because it is difficult to objectively quantify such harm in monetary terms and the extent of intangible harm is difficult to prove. Claims for distress on its own are therefore generally unsuccessful. Higher courts have demonstrated a reluctance to award any amount for stress unless the core purpose of the contract in question was to relieve it.

The evidence presented by the tenants is insufficient to prove that the landlord behaviour was inappropriate or that his conduct was the cause of Jack’s problems. Compensation cannot be ordered regarding the claim for stress, loss of income and other matters relating to Jack’s health and wellbeing issues. Name Suppression

Because the landlord has wholly succeeded defending the claim, the landlord’s name is suppressed. (see Section 95A(1) of the Residential Tenancies Act 1986). The tenants’ names cannot be suppressed because they did not succeed with their claim.

Tenancy Tribunal case 5018692 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 5018692 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions