The landlords were ordered to fork out almost $10,000 for breaching their obligations including harassing their tenants by playing loud music late into the night and locking them out of a shared shed.
The landlords were ordered to fork out almost $10,000 for breaching their obligations including harassing their tenants by playing loud music late into the night and locking them out of a shared shed.
A landlord has been slapped with a hefty bill after harassing tenants by playing loud music through a speaker pointed at the house, locking them out of a shared shed and terminating the tenancy in retaliation to complaints.
The relationship “deteriorated” after the landlord said they would increase the rent, leading to a series of unfortunate events and ending in the landlords forking out $9220 to their former tenants.
The issues were outlined in a recently released Tenancy Tribunal decision, which highlighted the importance of deterring landlords from terminating a tenancy simply because a tenant asserts their rights.
The tenancy began in June 2021, when the tenants, who have name suppression, moved into a small one-bedroom open-plan cottage on the landlords’ rural property. The landlords lived in a separate dwelling on the property.
The tenants and the landlords appeared to have a good relationship until March 1, this year, when the landlords said they would be increasing the rent.
The tenants raised several issues with the house, which had been converted from a garage, and the relationship deteriorated. The landlords then gave notice to terminate the tenancy on March 24.
The reasoning behind the termination was a “matrimonial separation” between the landlords so the man was going to move into the house the tenants were occupying.
While the reasons for the termination and notice given were justified, the tenants said that the termination was retaliatory, claiming the landlord said she would “kick them out” when they raised questions about the rent increase in early March.
The Tenancy Tribunal found that the landlords acted with malicious intent by removing their belongings from the shared shed and locking it. Photo / 123RF
The tenants also served the landlords with a notice, requesting that they fix ongoing issues around the property and comply with other obligations.
The tribunal found that the landlords were “at least partially motivated” by the tenants’ complaints in giving the termination notice, and awarded the tenants $1950.
The tribunal also found the landlords failed to provide a healthy homes statement and insurance cover information in the tenancy agreement, forcing them to fork out a further $250.
During the hearing, the tenants played three nights’ worth of audio recordings of the landlord playing loud music and said the speaker was pointed in the direction of their house late into the night.
The landlord also worked on a septic tank over a five-day period late into the night with noisy power tools, often using a spotlight that faced into the tenants’ house.
The tribunal found that while this work was necessary, the landlord failed to communicate that the work would be done at night, particularly during a time of heightened tension between the two parties. It awarded a further $750 to the tenants.
Another issue arose over the use of a shed on the property. At the beginning of the tenancy it was agreed that the tenants could store some of their property in the shed, but shortly before the tenants moved out in April, they were asked to remove their belongings from the shed.
The tenants responded that it was a shared space and came to an agreement that a mutually known person would be present when accessing the shed. The landlords then placed a lock on the shed, fearing for the security of their belongings.
The tenants removed the lock to access their belongings and the police were involved. The landlords placed another lock on the shed and the following day removed all the tenants’ belongings, putting them under a tarpaulin.
“The landlords deliberately set about to cause distress and worry to the tenants by locking them out of the shed and then removing their goods from it. Their intent was malicious,” the decision states.
The landlords were forced to pay $2100 for this breach.
The tribunal also found that for 52 days the tenants had fluctuating hot water and were often unable to shower or wash their dishes, which they were awarded $500 for.
The tribunal awarded the tenants a further $250 for septic tank issues which led to sinks not draining, shower drains overflowing and a sewage smell outside.
It also became apparent that the house was unlawful as it was not consented for residential use by the council. The landlords are currently working with the council to address this.
The tribunal found that while the tenants “did live happily” for the first part of their tenancy, they were still entitled to costs and were awarded $3300.
The landlords also made several allegations about the tenants removing their mailbox, pointing a camera into their house and disconnecting a gas bottle before they left the property.
However, as none of these claims were proven, the tribunal dismissed them.
In total, the landlords were ordered to pay the tenants $9220.44.
Emily Moorhouse is a Christchurch-based Open Justice journalist at NZME. She joined NZME in 2022. Before that, she was at the Christchurch Star.
