What was Tenancy Tribunal case 5265786 about?

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

How much money was awarded in case 5265786?

N Of The [Tenant] Name And Identifyi…: $227.00 awarded to landlord

What type of tenancy dispute was case 5265786?

The primary dispute was 14-day notice. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5265786?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12093778-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5265786 about?

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

How much money was awarded in case 5265786?

N Of The [Tenant] Name And Identifyi…: $227.00 awarded to landlord

What type of tenancy dispute was case 5265786?

The primary dispute was 14-day notice. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5265786?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12093778-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5265786 — 14-day notice

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5265786. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
n of the [Tenant] name and identifying details. 2. Eves Realty Limited As Agent For Manawa Gardens C/O Ray Morrison is t	$227.00		n of the [Tenant] name and identifying details. 2. Eves Realty Limited As Agent For Manawa Gardens C/O Ray Morrison is t

Both parties attended the hearing.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

The Landlord has presented video evidence showing an individual causing damage to the entrance door to the premises, by repeatedly throwing a chair at it. On first glance it appears the individual has been denied entry. On questioning the Tenant, she says she cannot identify the individual in the video and thinks he may have the wrong address. At the time the incident occurred, the Tenant was sleeping, she was awoken by a minor, and did not answer the door. The Tenant had been out at a public event earlier that night.

There is no information from Police confirming they have investigated the incident and/or confirmed the identity of the individual.

I am unable to conclude the Tenant has breached either the Tenancy Agreement or the Residential Tenancies Act.

The Landlord’s application to terminate the tenancy and recover loss for the damaged door, from the tenant, must fail.

[The tenant/s] claims the landlord has entered the premises without consent or notice.

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. See section 48(1) and (2) Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 48 (4)(a) and Schedule 1A Residential Tenancies Act 1986.

The day after the incident, two junior property managers attended the premises. The Tenant was not home at the time. Upon seeing the damage, the property managers were eager to discern the extent of the damage and entered the premises. The agency acknowledges this mistake. 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 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 act was a careless mistake made by junior property managers. They did not enter the home for a malicious purpose or with the intention of breaching the Tenant’s privacy or collecting evidence to use against the Tenant, although that would have been the logical corollary of their gaining entry. The act of entry was nevertheless deliberate and conscious.

The Tenant had been unsettled by the incident the night before and contacted the property manager to advise them what had happened. By entering the premises without the Tenant present, and without the Tenant’s express consent, the Tenant was further unsettled; the reality for her, is that she did not feel secure in her home, and the property managers’ intemperate actions led her to feel more unsettled, and further undermined her sense of security in her home.

The public interest requires that all property managers – irrespective of their experience levels – receive proper training on the requirements of the Residential Tenancies Act 1986. Consequently, an award for exemplary damages should also punish and deter the agency, and other agencies, from careless breaches of this kind, which could have been wholly avoided by clear oversight and training.

I award $200.00 to the Tenant. I consider that this amount reflects the overall seriousness of the breach, but I have put significant weight on this being a first- time mistake that I do not expect will be repeated.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee of $27.00.

Reasons

Claims and awards in Tenancy Tribunal application 5265786. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
n of the [Tenant] name and identifying details. 2. Eves Realty Limited As Agent For Manawa Gardens C/O Ray Morrison is t	$227.00		n of the [Tenant] name and identifying details. 2. Eves Realty Limited As Agent For Manawa Gardens C/O Ray Morrison is t

Both parties attended the hearing.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

There is no information from Police confirming they have investigated the incident and/or confirmed the identity of the individual.

I am unable to conclude the Tenant has breached either the Tenancy Agreement or the Residential Tenancies Act.

The Landlord’s application to terminate the tenancy and recover loss for the damaged door, from the tenant, must fail.

[The tenant/s] claims the landlord has entered the premises without consent or notice.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 48 (4)(a) and Schedule 1A Residential Tenancies Act 1986.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee of $27.00.

Tenancy Tribunal case 5265786 — 14-day notice

At a glance

Tenancy Tribunal case 5265786 — 14-day notice

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

At a glance

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Did the Lanndlord enter the premises without consent or lawful notice?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Did the Lanndlord enter the premises without consent or lawful notice?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions