The property the tenants lived in at 27 Morse St in Marewa, Napier, is now up for sale. Photo / James Pocock
The property the tenants lived in at 27 Morse St in Marewa, Napier, is now up for sale. Photo / James Pocock
A litany of infringements, including a retaliatory notice, has cost a Napier landlord nearly $4000 at the Tenancy Tribunal.
Elizabeth and Malcolm Jacob were ordered to pay $3737 in compensation and exemplary damages to a former tenant of their 27 Morse Street property in Marewa, Napier, in a judgement madeon October 8, 2021.
The tenant's application for name suppression was granted by the tribunal on the grounds of the substantial success of their claim.
The landlords had owned and renovated 16 rental properties over a 25-year period and had used the services of a property manager until this tenancy.
Consideration was given by adjudicator Tracy Lee-Lewis to the landlord's serious health issues and the fact that many of the infringements, including the retaliatory notice, were first-time offences, when deciding the amounts awarded to the tenant.
A litany of infringements, including a retaliatory notice, has cost a Napier landlord nearly $4000 at the Tenancy Tribunal. Photo NZME
Lee-Lewis noted that tenants and landlords had known each other prior to the tenancy.
"This is an unfortunate situation where the relationship between the parties has broken down and the emotional impact on all parties was evident during the hearing."
The tenants moved into the property on April 9, 2021.
On August 30, the landlord gave the tenants a notice ending the tenancy on November 29 claiming they wanted to sell the property, following the tenants issuing a 14-day notice requiring the installation of underfloor insulation and replacement of a heat pump.
Lee-Lewis said the landlord's oral evidence made no mention of the sale of the property.
"Their evidence was that they had made a mistake in taking on the tenancy without the assistance of a property manager and the repeated requests for maintenance coupled with their serious health issues meant they "couldn't take it anymore".
$2167 in exemplary damages were awarded to the tenant for the retaliatory notice, given the significant impact on the tenant in finding a new tenancy.
Other charges included the landlord's failure to repair the heat pump that broke soon after they moved in, despite being given notice, a failure to lodge the bond with the bond centre and failure to provide an insurance statement and an insulation statement in the tenancy agreement.
Compensation was also given to the tenant for the landlords' failure to provide underfloor insulation, however no exemplary damages were charged, as the adjudicator accepted that the landlords had been wrongly advised it was not possible and had taken steps to get quotes.
Hawke's Bay Today has approached the landlords for comment.
