landlord breaches
📖 What is landlord breaches? Meaning and definition
In New Zealand, landlord breaches occur when a landlord does not uphold the duties and responsibilities set out in the Residential Tenancies Act 1986 (RTA). These breaches can range from failing to maintain the rental property to infringing on a tenant's right to quiet enjoyment. When a landlord commits a breach, the Tenancy Tribunal can order them to pay compensation or exemplary damages to the tenant, depending on the nature and severity of the breach.
For example, a landlord might be found in breach for not maintaining the property, not providing a Healthy Homes Standards (HHS) report, or interfering with a tenant's quiet enjoyment. The Tenancy Tribunal assesses these claims and, if proven, determines the appropriate amount of compensation or damages. This process allows tenants to seek redress for issues caused by their landlord's failure to comply with their legal duties.
The Tenancy Tribunal has the authority to award various types of damages. This can include direct compensation for losses incurred by the tenant due to the breach, as well as exemplary damages which are intended to punish the landlord for particularly serious or deliberate breaches of the RTA. The specific sections of the RTA that have been breached are often cited in the Tribunal's orders, such as sections 13A, 38, 45(1)(a), 45(1)(b), 45(1)(ba), and 45(1)(c).
📋 Requirements
- The landlord must have failed to meet an obligation under the Residential Tenancies Act 1986.
- The tenant must provide evidence of the landlord's failure.
- The Tenancy Tribunal must determine that a breach has occurred.
- The breach may result in an order for compensation or exemplary damages.
📝 Procedure
- The tenant files an application with the Tenancy Tribunal claiming landlord breaches.
- Both the tenant and the landlord attend a hearing, potentially with representation or support persons.
- The Tenancy Tribunal hears evidence and arguments from both parties.
- The Tribunal makes a decision, often issuing an order for the landlord to pay damages or compensation to the tenant.
💡 Examples
- A landlord was ordered to pay $480 for failing to maintain the property and $220 for breaching the tenant's quiet enjoyment.
- A company was ordered to pay $700 in exemplary damages for breaching section 45(1)(a) of the Residential Tenancies Act 1986.
- A landlord was ordered to pay $1,000 in compensation for general landlord breaches and additional exemplary damages for specific breaches of the RTA.
- A tenant successfully claimed that their landlord breached obligations under sections 38 and 45 of the Residential Tenancies Act 1986.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What does 'exemplary damages' mean in the context of landlord breaches?
Exemplary damages are a type of payment ordered by the Tenancy Tribunal not just to compensate the tenant, but also to punish the landlord for serious or deliberate breaches of their obligations under the Residential Tenancies Act 1986, such as those related to sections 45(1)(a), (b), or (c).
Can a landlord be found in breach for not providing a Healthy Homes Standards report?
Yes, the Tenancy Tribunal has awarded damages for a landlord's failure to provide a Healthy Homes Standards (HHS) report, indicating this can be considered a landlord breach.
What is 'quiet enjoyment' and how can a landlord breach it?
Quiet enjoyment refers to a tenant's right to live in their rented property without unreasonable interference from the landlord. A landlord can breach this by, for example, entering the property without proper notice or constantly disturbing the tenant.
How much can a tenant be awarded for landlord breaches?
The amount awarded varies greatly depending on the specific breaches and their impact. Awards seen in cases include hundreds of dollars for specific failures like maintenance or quiet enjoyment, and thousands of dollars for more severe or multiple breaches, including exemplary damages.
What should I do if I believe my landlord has breached their obligations?
If you believe your landlord has breached their obligations, you can apply to the Tenancy Tribunal. It is helpful to gather all relevant evidence to support your claim. You may also consider seeking advice from a qualified lawyer or tenancy advocate.