What was the outcome of Tenancy Tribunal case 4985570?

The tribunal order states: Mark Hackshaw must pay Nicole Rosemary Goodman $427.00 immediately,

How much money was awarded in case 4985570?

Compensation: breach of quiet enjoym…: $300.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 4985570?

The dispute type was not classified.

Where can I read the official tribunal order for case 4985570?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11011326-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4985570?

The tribunal order states: Mark Hackshaw must pay Nicole Rosemary Goodman $427.00 immediately,

How much money was awarded in case 4985570?

Compensation: breach of quiet enjoym…: $300.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 4985570?

The dispute type was not classified.

Where can I read the official tribunal order for case 4985570?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11011326-Tribunal_Order.pdf.

12 Keven Road, Clarks Beach, RD 4, Clarks Beach 2679 Tenancy Tribunal Case 4985570 — Tenancy dispute

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12 Keven Road, Clarks Beach, RD 4, Clarks Beach 2679 Tenancy Tribunal Case 4985570 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4985570 — net $427.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Bond shortfall (unlodged	$100.00	Bond shortfall (unlodged
Compensation: breach of quiet enjoyment	$300.00	breach of quiet enjoyment
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$427.00
Total payable by Tenant to Landlord	$427.00

Claims and awards for application 4985570 — net $427.00 NZD. Verify on MoJ.

Bond shortfall (unlodged

Amount: $100.00
Awarded to: Landlord
Reason: Bond shortfall (unlodged

Compensation: breach of quiet enjoyment

Amount: $300.00
Awarded to: Landlord
Reason: breach of quiet enjoyment

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $427.00

Total payable by Tenant to Landlord

Landlord $427.00

Claim types — money lines allowed on this order

Compensation Filing Fee

Order

Mark Hackshaw must pay Nicole Rosemary Goodman $427.00 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,090.00 (5775772-002) to Nicole Rosemary Goodman immediately.

Reasons

Both parties attended the hearing.
The tenant has applied for refund of her bond of $1,190.00. However only $1,090.00 had been lodged by the landlord. I accept the landlord’s explanation that this is due to inadvertence rather than intentional.
The landlord has a claim against the bond, but has not filed a counterclaim with Tenancy Services.
Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim.
Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant. I also order the landlord to refund the unlodged bond shortfall of $100.00 to the tenant.
Nicole Rosemary Goodman claims the landlord has interfered with her peace and quiet enjoyment of the premises on 14 February 2024 when the landlord and his wife (and dog) picnicked on the grounds of the property and when he caused concrete to be poured at 5am in the morning onto the grounds of the premises.
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.
On the first complaint, I consider that the landlord was within his right to use the grounds of the premises adjacent to the tenant’s premises. The tenant’s premises comprises of the area marked as Lot 5 of DP 462815 Goble & Keven Road, Waiau Beach. The landlord was only using the grounds of Lots 7 and 8 (under the Pohutukawa trees) which do not form part of the tenanted premises or surrounding facilities exclusive to the tenant. While the tenant had been given permission to use the surrounding grounds (including Lots 7 and 8), that permission does not prevent the landlord from also using his other areas of subdivision as long as the landlord’s use has not interfered with the tenant’s quiet enjoyment of the tenant’s property. For those reasons, I find in favour of the landlord on the first complaint.
On the second complaint, I consider that the landlord has interfered with the tenant’s quiet enjoyment of the tenant in her use of the property when the landlord organised tradespeople to pour concrete at 5am in the morning of 14 February 2024 at the neighbouring lots. The tenant’s quiet enjoyment of her tenanted premises had clearly been disturbed for 3 hours from 5am to 8am before she left for work that morning. I consider an award of general damages of $300.00 appropriate for the landlord’s breach of the tenant’s quiet enjoyment on that occasion.
Because Nicole Rosemary Goodman has largely succeeded with the claim I also reimburse the tenant’s filing fee for the application.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4985570 — net $427.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Bond shortfall (unlodged	$100.00	Bond shortfall (unlodged
Compensation: breach of quiet enjoyment	$300.00	breach of quiet enjoyment
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$427.00
Total payable by Tenant to Landlord	$427.00

Claims and awards for application 4985570 — net $427.00 NZD. Verify on MoJ.

Bond shortfall (unlodged

Amount: $100.00
Awarded to: Landlord
Reason: Bond shortfall (unlodged

Compensation: breach of quiet enjoyment

Amount: $300.00
Awarded to: Landlord
Reason: breach of quiet enjoyment

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $427.00

Total payable by Tenant to Landlord

Landlord $427.00

Claim types — money lines allowed on this order

Compensation Filing Fee

Order

Mark Hackshaw must pay Nicole Rosemary Goodman $427.00 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,090.00 (5775772-002) to Nicole Rosemary Goodman immediately.

Reasons

Both parties attended the hearing.
The tenant has applied for refund of her bond of $1,190.00. However only $1,090.00 had been lodged by the landlord. I accept the landlord’s explanation that this is due to inadvertence rather than intentional.
The landlord has a claim against the bond, but has not filed a counterclaim with Tenancy Services.
Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim.
Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant. I also order the landlord to refund the unlodged bond shortfall of $100.00 to the tenant.
Nicole Rosemary Goodman claims the landlord has interfered with her peace and quiet enjoyment of the premises on 14 February 2024 when the landlord and his wife (and dog) picnicked on the grounds of the property and when he caused concrete to be poured at 5am in the morning onto the grounds of the premises.
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.
On the first complaint, I consider that the landlord was within his right to use the grounds of the premises adjacent to the tenant’s premises. The tenant’s premises comprises of the area marked as Lot 5 of DP 462815 Goble & Keven Road, Waiau Beach. The landlord was only using the grounds of Lots 7 and 8 (under the Pohutukawa trees) which do not form part of the tenanted premises or surrounding facilities exclusive to the tenant. While the tenant had been given permission to use the surrounding grounds (including Lots 7 and 8), that permission does not prevent the landlord from also using his other areas of subdivision as long as the landlord’s use has not interfered with the tenant’s quiet enjoyment of the tenant’s property. For those reasons, I find in favour of the landlord on the first complaint.
On the second complaint, I consider that the landlord has interfered with the tenant’s quiet enjoyment of the tenant in her use of the property when the landlord organised tradespeople to pour concrete at 5am in the morning of 14 February 2024 at the neighbouring lots. The tenant’s quiet enjoyment of her tenanted premises had clearly been disturbed for 3 hours from 5am to 8am before she left for work that morning. I consider an award of general damages of $300.00 appropriate for the landlord’s breach of the tenant’s quiet enjoyment on that occasion.
Because Nicole Rosemary Goodman has largely succeeded with the claim I also reimburse the tenant’s filing fee for the application.

Tenancy Tribunal case 4985570 — Tenancy dispute at 12 Keven Road, Clarks Beach, RD 4, Clarks Beach 2679

At a glance

Tenancy Tribunal case 4985570 — Tenancy dispute at 12 Keven Road, Clarks Beach, RD 4, Clarks Beach 2679

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions