Published tribunal order
Tenancy Tribunal case 4821778 — Rent arrears at 33 Dacre Street, Oamaru North, Oamaru 9400
Decided 13 May 2024 · Published 13 May 2024 · Application 4821778
Landlord favoured
- Rent arrears
Order
- The tenancy of Annabella Marie Lowen at 33 Dacre Street, Oamaru North, Oamaru 9400 is terminated, and possession is granted to Blackham & Co Real Estate Limited - As Agent For The CP Trust, at 5pm on Wednesday, 15 May 2024.
- The Bond Centre is to pay the bond of $1,480.00 (3174009-019) to Blackham & Co Real Estate Limited - As Agent For The CP Trust immediately.
- Annabella Marie Lowen and Paul Lowen must pay Blackham & Co Real Estate Limited - As Agent For The CP Trust $360.44 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears (to 15 May 2024)$1,820.00 Filing fee reimbursement$20.44 Total award$1,840.44 Bond$1,480.00 Total payable to Landlord$360.44
- The landlord’s claim for exemplary damages is dismissed.
Reasons
- The landlord attended the hearing by telephone. Neither the tenant, nor the guarantor attended the hearing.
- Ms Lowen had been granted permission to the attend the hearing by telephone. The Tribunal called her twice and sent her instructions by email for connecting to a conference call. Neither of the calls to Ms Lowen were answered and she did not dial into the hearing.
- The landlord has applied for termination of the tenancy, rent arrears, exemplary damages and refund of the bond.
- Where a landlord applies to terminate a tenancy for breach of the tenant’s obligations and rent is at least 21 days in arrears on the date the hearing, the tenancy must be terminated. See section 55(1)(a) and s56(2) Residential Tenancies Act 1986.
- Rent is more than 21 days in arrears as at the date of the hearing. The tenancy is terminated on 15 May 2024, at 5pm.
- The landlord provided rent records which prove the amount of $1,820 owing at the end of the tenancy.
- Ms Lowen contacted the Tribunal by email, after the hearing had ended. She advised that her phone was not working. She also requested that any orders be made against her alone, not the guarantor.
- On 24 August 2023 the guarantor provided a guarantee to the landlord, which undertook that the guarantor would be liable for any breach of the tenant's obligations. The Tribunal has ordered the tenant to pay $360.44 to the landlord for the tenant’s breaches, which are all matters covered by the guarantee.
- I am therefore satisfied that the guarantor is liable under the guarantee to pay the landlord the sum ordered. See section 77(2)(ka) Residential Tenancies Act 1986.
- The Landlord also claimed that the tenant has disturbed their neighbours and sought exemplary damages.
- A tenant must not cause or permit interference with the reasonable peace, comfort, or privacy of the landlord's other tenants or of anyone else living in the neighbourhood. See section 40(2)(c) 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 40(3A)(d) and Schedule 1A Residential Tenancies Act 1986.
- Harassment means "to trouble, worry or distress" or "to wear out, tire, or exhaust" and "indicates a particular pattern of behaviour directed towards another person". MacDonald v Dodds, CIV-2009-019-001524, DC Hamilton, 26 February 2010.
- The landlord provided one email from a neighbour and a log of police call outs to the premises in support of this application. It is clear that there have been issues within the neighbourhood. However, the landlord has the onus of proving its claims to the required civil standard, on the balance of probabilities.
- I did not have the benefit of hearing from the neighbours, so cannot assess their evidence. The police call out log was also heavily redacted. 1 The landlord did not meet the evidential threshold and that aspect of the claim is dismissed.
- As the landlord was substantially successful, I have also awarded reimbursement of the Tribunal application fee.