Published tribunal order
Tenancy Tribunal case 4570169 — Property damage at Unit/Flat 3, 27 Holland Road, Hillcrest, Auckland 0627
Decided 17 Jul 2023 · Published 17 Jul 2023 · Application 4570169
Landlord favoured
- Property damage
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- The Bond Centre is to pay the bond of $1,200.00 (4027525-016) to Princes Street Partnership immediately.
Reasons
- Both parties attended the hearing on 11 th July 2023.
- The landlord clarified that the name of the landlord should change from Harmun Investments Limited As The Trustee For The Harmun Trust to Princes Street Partnership. I do so on this order.
- The landlord had originally applied for termination, possession, compensation, exemplary damages and refund of the bond.
- At the hearing, the parties confirmed that the tenancy had been terminated already and the tenant had moved out on 25 th May 2023.
- Prior to entering the hearing room, the tenant agreed to have the bond released to the landlord for the repairs required following the end of the tenancy.
- Therefore, the only issue left to consider at the hearing was whether the landlord could pursue the loss of rent of the neighbouring unit for which the landlord also managed.
- The landlord provided evidence of the neighbouring unit moving out by giving 28 days’ notice due to this tenant’s anti-social behaviour. There was a period of 5 weeks before a subsequent tenant moved in next door.
- Under s 40(2)(c) of the Residential Tenancies Act 1986, the tenant must 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.
- Breaching this obligation in circumstances that amount to harassment of a tenant or a neighbour of the tenant is an unlawful act under s 40(3A)(d) where the maximum exemplary damage awardable is $3,000.00.
- If the Tribunal is satisfied that the unlawful act had been committed intentionally, the Tribunal can consider the intention of the tenant, the effect of the unlawful act, the interest of the landlord and the public interest in deciding whether to grant any exemplary damages or not.
- Although the neighbouring tenant may have moved out due to the actions of the tenant’s daughter, the neighbouring tenant had given full 28 days’ notice on a period tenancy. The landlord was given sufficient time to find a subsequent tenant.
- I do not find there is public interest in awarding compensation of 5 weeks’ rent next door.
- That claim is dismissed.
- I make no orders as to the refund of the filing fee.
- The bond is to be refunded to the landlord to cover the post-tenancy repair costs.