Tenant's Harassment Claim Dismissed by Tenancy Tribunal

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[2025] NZTT 5149191, 5146328

TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI

APPLICANT: [redacted]

Tenant

RESPONDENT: [redacted]

Landlord

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. The application is dismissed.

Reasons:

1. Both parties attended the hearing. [NAME] and [NAME] represented the landlord,

2. The tenant, [NAME], applied for compensation and exemplary damages for breach of his right to quiet enjoyment and/or harassment.

3. [NAME] also sought other orders, including requiring [NAME] staff to undertake training, making donations to charities, and advising prospective tenants of [NAME] inability to understand those with disabilities. However, as explained to [NAME] at the hearing, these are orders that are outside the jurisdiction of the Tribunal to make.

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Is [NAME] entitled to compensation and/or exemplary damages for breach of his right to quiet enjoyment and/or harassment?

4. The right to quiet enjoyment is found in section 38 of the Act. Section 38(1) provides that a tenant is entitled to have quiet enjoyment of the premises without interruption by the landlord or the landlord’s agent. In addition, a landlord must not cause or permit any interference with the reasonable peace, comfort and privacy of the tenant in the use of the premises: section 38(2) of the Act. The right to quiet enjoyment effectively means the right of a tenant not to have the quality of their tenancy significantly impaired by the actions of the landlord (or his or her agent).

5. Where the breach of the tenants’ right to quiet enjoyment is sufficiently severe that it amounts to harassment it is deemed to be an unlawful act for which exemplary damages can be awarded: sections 38(3) and 109(4) of the Act. 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". [NAME] v [NAME], CIV-2009-[PHONE], DC [NAME], 26 February 2010.

6. The basis of [NAME]’s claim under this head is the way in which [NAME] and [NAME] communicated with him in emails and phone calls regarding the moving of a BBQ trailer he is storing on what is said to be common property at the premises ([NAME] has a tenancy of one unit of four on a cross lease title). [NAME] claims that the way in which [NAME] and [NAME] communicated to him about the matter was “threatening”, “unprofessional”, and “disrespectful” particularly given his disabilities.

7. I have carefully considered the email communications between [NAME] and the property managers, While I accept that [NAME] was upset about the content of them (he does not want to move the trailer and believes he is entitled to have it parked where it is), I do not consider that there was anything in any of those communications that objectively come close to constituting harassment or a breach of [NAME]’s right to quiet enjoyment.

8. [NAME] also referred to words used by [NAME] in a telephone conversation on 24 January which he considered to be threatening. He said that [NAME] told him that he was not listening, to not waste his money going to the Tribunal, and that he should seek advice before filing an application. [NAME] denied ever threatening [NAME] or being disrespectful. She said that the comments regarding filing in the Tribunal were made in the context of [NAME] saying he was going to the Tribunal to have the legislation changed which she was aware the Tribunal could not do.

9. While the discussion between [NAME] and [NAME] may have been robust, I do not consider that there was anything in any of the comments made by [NAME] that objectively constitute harassment or breach of [NAME]’s right to quiet enjoyment.

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10. [NAME]’s application for compensation and exemplary damages is therefore dismissed.

11. It is clear that the crux of [NAME]’s concerns is the situation with the parking of the trailer and, in particular, his belief that the landlord has no right to require him to move it. However, [NAME] did not want to amend his application to enable me to consider that issue. He confirmed that he only wanted me to consider his application as filed.

[NAME]

26 February 2025

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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.

Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.

You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf

Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals

Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.

Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].

Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.

https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/

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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

Reasons: