How much money was awarded in case 5089653?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5089653?

The dispute type was not classified.

Where can I read the official tribunal order for case 5089653?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11505453-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5089653?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5089653?

The dispute type was not classified.

Where can I read the official tribunal order for case 5089653?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11505453-Tribunal_Order_Redacted.pdf.

182 Parker Lane, Buckland, RD 2, Pukekohe 2677 Tenancy Tribunal Case 5089653 — Tenancy dispute

Q: What was Tenancy Tribunal case 5089653 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.

Dion Morgan is added as a party.

The Tribunal declares that the landlord blocking the driveway with a digger was a breach of quiet enjoyment.

Jacqueline-Ann and Dion Morgan must pay [The tenant/s] $27.00 immediately, being the filing fee reimbursement.

Reasons

Both parties attended the hearing.

I have joined Mr Morgan as a party because he is the person named as landlord on the tenancy agreement.

Mrs Morgan represented Mr Morgan. I agreed to this representation because the tenant said he only ever dealt with Mrs Morgan, and this is supported by the messages sent between the parties during the tenancy.

The tenant claims the landlord interfered with his quiet enjoyment. A landlord must not interfere with the reasonable peace, comfort or privacy of a tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986 (RTA).

The premises here was the two bedroom unit the tenant was renting. The tenant said there was a dispute about access to the unit and he said he would pay rent a day late, once he could be sure no one entered the premises without his consent. In response Mr Morgan drove a digger onto the driveway and would not let the tenant return to work for two hours. The tenant paid the rent and the digger was moved when the money showed in the landlord’s bank account. The tenant got into trouble with his employer because he was late back to work. He wants the Tribunal to decide of the landlord breached the RTA.

I find there was a breach of quiet enjoyment. The landlord had no right to deny the tenant access to the road. The landlord had no right to keep the tenant on the tenancy premises. The tenant has not asked for compensation, so I can only make a declaration.

While it is not wise for tenants to threaten to withhold rent, this tenant had until

59 pm that day to pay his rent. This is because section 31 RTA sets out that rent payable under a tenancy agreement shall accrue day to day, not by the morning as was set out in the tenancy agreement.

Mrs Morgan apologised to the tenant during the hearing.

Because the tenant has wholly succeeded with the claim I must reimburse the filing fee.

I have used my discretion to suppress the tenant’s name because he has succeeded with his claim and he has not breached the RTA. Mr and Mrs Morgan are name because there is public interest when landlords breach the RTA. See section 95 RTA.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.

Dion Morgan is added as a party.

The Tribunal declares that the landlord blocking the driveway with a digger was a breach of quiet enjoyment.

Jacqueline-Ann and Dion Morgan must pay [The tenant/s] $27.00 immediately, being the filing fee reimbursement.

Reasons

Both parties attended the hearing.

I have joined Mr Morgan as a party because he is the person named as landlord on the tenancy agreement.

While it is not wise for tenants to threaten to withhold rent, this tenant had until

Mrs Morgan apologised to the tenant during the hearing.

Because the tenant has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5089653 — Tenancy dispute at 182 Parker Lane, Buckland, RD 2, Pukekohe 2677

At a glance

Claims & awards

Tenancy Tribunal case 5089653 — Tenancy dispute at 182 Parker Lane, Buckland, RD 2, Pukekohe 2677

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