What was the outcome of Tenancy Tribunal case 5241136?

The tribunal order states: Paul Douglas Smith must pay Kristie Arehera Horton Wallace and Cody James

How much money was awarded in case 5241136?

Filing Fee: $27.00 awarded to tenant; Power Usage: $83.20 awarded to tenant

What type of tenancy dispute was case 5241136?

The dispute type was not classified.

Where can I read the official tribunal order for case 5241136?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11789736-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5241136?

The tribunal order states: Paul Douglas Smith must pay Kristie Arehera Horton Wallace and Cody James

How much money was awarded in case 5241136?

Filing Fee: $27.00 awarded to tenant; Power Usage: $83.20 awarded to tenant

What type of tenancy dispute was case 5241136?

The dispute type was not classified.

Where can I read the official tribunal order for case 5241136?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11789736-Tenancy_Tribunal_Order.pdf.

7 Avon Road, Clifton, Invercargill 9812 Tenancy Tribunal Case 5241136 — Tenancy dispute

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Reasons

Claims and awards in Tenancy Tribunal application 5241136 — net $110.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Power usage	$83.20	Power usage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$110.20
Total payable by Landlord to Tenant	$110.20

All parties attended the hearing. Mr Smith attended via VMR and the tenants in person.

The background to this case is that the tenants signed an agreement to rent a property without being able to see inside. On the move in day they were not impressed by the inside of the property. They advised the landlord, and the evidence supports that notice was given in an email that they did not want the property in its condition, the response from the landlord was to go to the property and he would re sign the bond over to them. Although the landlord said he never saw that email.

The evidence is that he in fact relisted the property within the next few days and listed the rental as higher than it had been when these tenants signed for the property.

The pre inspection report was incomplete and did not reflect the true condition that the property was actually in.

The landlord claims four weeks rent in leu of notice. There is also a claim for abandonment.

The tenant claims for reimbursement of their bond, and for the power usage that the landlord used in getting the property ready for their move in. That is, he asked the tenant to put the power on before the start of the tenancy so he could clean up the property. The tenant also claims for exemplary damages given the landlord breached their peace and quiet, for failing to provide the healthy homes certificate and for the inconvenience of the case.

Neither party appeared to understand the requirements in relation to some of their claims. Exemplary damages have to be proven in relation to specific breaches of the Act. This has not been proven in relation to a number of claims. An example of this is in relation to the tenants claim of a breach of their right to reasonable peace.

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.

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.

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.

This claim is not proven, the tenant never resided in the house. This claim is dismissed.

The landlord claims the tenant abandoned the premises.

A tenancy is abandoned where the tenant leaves the premises without reasonable excuse and fails to notify the landlord, not intending to return or to meet their obligations.

A tenant commits an unlawful act if they abandon the premises when the rent is in arrears. Exemplary damages may be awarded up to a maximum of $1,500.00. See section 61(5) and Schedule 1A Residential Tenancies Act 1986.

The elements of this claim have not been proven. The tenant clearly voiced his concern on the move in day and did not move in. Whilst the landlord believed it was because he text telling the tenant he could not have a dog and his neighbour told the landlord there was one, I accept that the tenant did not have a dog, and did not move in. The dog was the friends’ dogs who was there to help on the day the tenant was to move in.

As stated, there was a misunderstanding on what the parties are required to do to present their cases in relation to a number of alleged breaches.

In dealing with the claim making the decision I have; I have addressed all of the claims and applications in relation to these parties and claims. I have considered all of the submissions and evidence submitted in relation to all applications and cross applications.

Because the tenant has succeeded with the claim I must reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5241136 — net $110.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Power usage	$83.20	Power usage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$110.20
Total payable by Landlord to Tenant	$110.20

All parties attended the hearing. Mr Smith attended via VMR and the tenants in person.

The evidence is that he in fact relisted the property within the next few days and listed the rental as higher than it had been when these tenants signed for the property.

The pre inspection report was incomplete and did not reflect the true condition that the property was actually in.

The landlord claims four weeks rent in leu of notice. There is also a claim for abandonment.

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.

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.

This claim is not proven, the tenant never resided in the house. This claim is dismissed.

The landlord claims the tenant abandoned the premises.

A tenancy is abandoned where the tenant leaves the premises without reasonable excuse and fails to notify the landlord, not intending to return or to meet their obligations.

As stated, there was a misunderstanding on what the parties are required to do to present their cases in relation to a number of alleged breaches.

Because the tenant has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5241136 — Tenancy dispute at 7 Avon Road, Clifton, Invercargill 9812

At a glance

Tenancy Tribunal case 5241136 — Tenancy dispute at 7 Avon Road, Clifton, Invercargill 9812

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