harassment
📖 What is harassment? Meaning and definition
In New Zealand tenancy law, harassment is a serious claim that a tenant might bring against a landlord, or vice versa, alleging that the other party's actions have been inappropriate or caused undue distress. The Tenancy Tribunal has jurisdiction to hear claims of harassment that relate to the period a tenant was resident in a rented property, but not for periods where they lived in the landlord's home as a boarder. Such claims are often made alongside other alleged breaches, such as entering without notice or failing to maintain the property.
When a tenant applies to the Tenancy Tribunal, they may seek compensation for harassment. For example, a tenant might claim harassment if a landlord repeatedly enters the property without proper notice or engages in other behaviour that creates an uncomfortable living situation. The Tribunal will consider the specific circumstances of the case to determine if harassment occurred and if compensation is warranted.
Harassment can also be a factor when a tenant seeks to end a fixed-term tenancy early. While the usual legal position is that fixed-term contracts are strictly applied, a tenant might argue that harassment contributes to a situation of severe hardship, which could lead the Tribunal to reduce the term. However, the Tribunal would need to weigh the tenant's hardship against any hardship to the landlord if the tenancy were reduced.
It's important for both landlords and tenants to understand that the Tribunal takes claims of harassment seriously. If a claim is proven, it can result in orders for compensation or other remedies. Conversely, if a claim of harassment is not substantiated, it will be dismissed, and the Tribunal will proceed to address other matters, such as rent arrears or property damage.
📋 Requirements
- The alleged harassment must relate to the period the tenant was resident in the rented property.
- The claim for harassment is typically brought as part of an application to the Tenancy Tribunal.
- The Tribunal will assess the specific actions and their impact to determine if harassment occurred.
📝 Procedure
- A tenant files an application with the Tenancy Tribunal, listing harassment as one of the breaches.
- The landlord may file a cross-application for other issues, such as rent arrears or property damage.
- A hearing is scheduled for both parties to present their cases.
- The Tribunal determines whether harassment occurred and if any compensation or other orders are appropriate.
💡 Examples
- A tenant claimed compensation for harassment, alongside claims of the landlord entering without notice and failing to inform them the property was for sale.
- A tenant's application raised issues relating to maintenance, healthy homes compliance, and harassment against the landlord.
- Tenants applied for exemplary damages for harassment in addition to requesting a reduction of their fixed-term tenancy.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What kind of actions count as harassment in a tenancy?
Based on the cases, actions like entering the property without proper notice, or other behaviours that create a hostile environment for the tenant, could be considered harassment. The Tribunal will look at the specific details of each situation.
Can I claim compensation for harassment?
Yes, tenants can apply to the Tenancy Tribunal for compensation if they believe they have been harassed by their landlord. The Tribunal will decide if compensation is warranted based on the evidence presented.
Does the Tenancy Tribunal handle all types of harassment claims?
The Tribunal has jurisdiction to hear claims of harassment that relate to the period a tenant was living in a granny flat or other rented property. However, it does not have jurisdiction for claims relating to a period where someone lived in the landlord’s home as a boarder.
Can harassment help me end a fixed-term tenancy early?
While fixed-term tenancies are usually binding, the Tribunal may reduce one if there's an unforeseen change in circumstances leading to severe hardship. Harassment could potentially contribute to a claim of severe hardship, but the Tribunal would weigh this against the hardship to the landlord.
What if my landlord claims I am harassing them?
Landlords can also make claims against tenants. If your landlord claims harassment, the Tenancy Tribunal would hear their application and consider the evidence. It's important to understand the specific allegations and prepare your response.