Tenancy Tribunal Awards act as a deterrent for the offender and compensation for the receiver.
With the amendments to the Residential Tenancies Act in 2010, there was added a number of new ways that both Landlords and Tenants can be penalized with fines for committing actions that are unlawful under the RTA. There was much scepticism about the likelyhood of these fines being actioned against tenants, who are often seen by Landlords as getting a “soft touch”. However, as Glenn Morris shows below, it sounds like there is a move to start using these penalties as deterrants to any future “bad behaviour”….
The 2010 amendments to the RTA provided for the first time a number of penalties against tenants for committing unlawful tenancy acts.
I and other landlords have been beating our heads against the court walls trying to invoke these new laws. In most cases the court grudgingly awarded some costs where it could be shown landlords had suffered some loss. In one case of extreme noise I was able to obtain an eviction but was awarded a miserably low compensation despite even having the Council head Environmental officer give oral evidence along with ample other written evidence.
The written reason given for the low award was that these penalties were still new.
Well recently I presented two cases from Christchurch where awards of $1000 had been granted. ( 12/3523/CH). I pointed out to the Adjudicator that she had written on a previous order that a low award had been granted because it was new law. I asked why did Christchurch have a different opinion and surely Christchurch and Nelson are under the same law. How come Christchurch does not see it as a new law? Well after some pleasant huffing and humming and deferred rulings I got more the second time. Then at a third hearing, the Adjudicator starts saying to the tenant that these awards are not to compensate landlords for losses but are a deterrent to other tenants. My guess is someone of high standing has been consulted between cases and provided some instruction. I just popped the request for compensation into the application and did not labour on about the perils to life and property by removing alarms. Hello I got my award, now all I have to do is catch the offender and bring home the trophy.
The particular unlawful acts that I have been awarded penalty sums on is 40(2)(ab) Interference with means of escape from fire. (removing smoke alarms)
40(3A)(d) Harassment of tenant or neighbour. (Noisy parties).
Failure to quit the premises on time. RTA 40 (3A) (a).
In the past I have failed to achieve any award for unlawful changing of locks by tenants, abandonment, unlawful use of premises and failure to grant access for the purposes of reletting.
I encourage you all to put in the claims for the various unlawful acts like abandonment, smoke alarm interference, exceeding the number of occupants specified on the tenancy agreement, not quitting the property at the end of a tenancy on the specified day of the end of a tenancy.
If every landlord made these claims as a matter of course the message will get out there in the community and perhaps our life might be easier. Even if it does not get easier the money in your pocket might pay for a better quality holiday.
Glenn Morris is the owner of Nelson property management company, “Glenn’s Vacancies”, managing residential and commercial investments. He is the current secretary of the Nelson Property Investors Association. He was active in the review of the RTA and is a well-known figure in the property investment community. He has a reputation for effectively managing difficult tenancies.”
