What was the outcome of Tenancy Tribunal case 4822563?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4822563?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4822563?

The primary dispute was Harassment. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4822563?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10164340-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4822563?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4822563?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4822563?

The primary dispute was Harassment. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4822563?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10164340-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 76A Southampton Street, Sydenham, Tenancy Tribunal Case 4822563 — Harassment

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Reasons

Both parties attended the hearing.

The tenant has applied for compensation of $70,000 for alleged breaches of the landlord’s obligations.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities. He must set out his claims and provide the evidence necessary to prove them.

The tenant has not done that in this case. His evidence was vague and unsubstantiated. He claimed that the landlord has harassed them. He also says that adjoining tenants are engaging in harassing behaviour in the way they park their vehicles, and the landlord has not acted properly to prevent the neighbour’s behaviour.

A landlord must not interfere with the reasonable peace, comfort or privacy of the tenant in their use of the premises. See section 38(2) 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.

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 38(3) and Schedule 1A RTA.

The tenant claimed that an employee of the landlord has harassed him, but did not provide details of dates, times, what was said. Nor did he provided corroborative documentary evidence which would support a claim of harassment.

It became apparent at the hearing, that the issues arise from the way neighbouring tenants park their vehicles. There are two adjoining units at the property. Each has a garage with a parking space (or spaces depending on the size of the vehicle) at the front. There is an additional parking space or turning bay beside unit 2 but fenced off from it. The landlord says that this is part of the “common area” of both units. The tenant says he is entitled to park in extra space.

The tenant claims that he has been paying more rent than unit 1 for the right to use the additional parking space. There is no documentary evidence recording that and it is not supported by the rents charged for each unit. The tenancy agreement records that the tenant must park in the space provided and that visitors are to park on the road. The landlord says that the space provided is the area immediately in front of unit 2’s garage.

The tenant did not establish that he is entitled to exclusive use of the turning area/additional parking space. Nor did he establish that the landlord has failed to act on concerns when he has raised them. The landlord has communicated with both tenants about parking, reminding them to be courteous and apply commons sense to where vehicles are parked. The parking space for each unit is immediately in front of their garage, inside the line of the block wall which separates the units, and not encroaching onto the driveway.

The tenant also said that the landlord failed to carry out repairs after a previous Tribunal Order. The Tribunal did not make work orders and there was no record of the tenant requesting repairs until late 2023, when the landlord acted promptly. The work has been done.

The claims are dismissed.

Reasons

Both parties attended the hearing.

The tenant has applied for compensation of $70,000 for alleged breaches of the landlord’s obligations.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities. He must set out his claims and provide the evidence necessary to prove them.

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 38(3) and Schedule 1A RTA.

The claims are dismissed.

Tenancy Tribunal case 4822563 — Harassment at Unit/Flat 2, 76A Southampton Street, Sydenham,

At a glance

Tenancy Tribunal case 4822563 — Harassment at Unit/Flat 2, 76A Southampton Street, Sydenham,

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions