File photo: The landlord sent multiple texts to her tenant that the Tenancy Tribunal described as being "designed to intimidate". Photo / 123rf
File photo: The landlord sent multiple texts to her tenant that the Tenancy Tribunal described as being "designed to intimidate". Photo / 123rf
A landlord who failed to lodge a bond and breached her tenant’s quiet enjoyment of the property by sending multiple insulting texts has been ordered to pay more than $6000 compensation.
Lynne McLaughlan, sole director of Argyll Properties, owns a number of rentals and, in a recent decision released bythe Tenancy Tribunal, was found to have “lost control” when the tenancy in question came to an end.
Landlords who are found to be harassing tenants can be fined exemplary damages up to a maximum of $2000, and failing to lodge a bond is fineable up to $1500.
The tenants - whose names are suppressed - paid a bond on moving into McLaughlan’s property which they later found out was never filed to the bond centre.
When asked why she had not filed the bond, McLaughlan stated she held it because there were too many dogs on the property, which under the Residential Tenancies Act is not a valid reason to withhold bond money.
In December 2022, two unnamed tenants had conflicts, resulting in tenant one giving notice of termination and leaving the property with her rent payments ending.
During the four weeks leading up to the termination date, the second tenant sought to take over the lease.
However, according to the tribunal decision, the landlord handled the termination and rent arrears by sending abusive texts threatening to lock him out of the premises, sending police around to evict him and involving a third party to intimidate.
The landlord also failed to lodge the tenant's bond with the bond centre. Photo / 123rf
“The stupidity of you and [tenant one] makes it impossible to have an adult conversation,” McLaughlin texted.
“No one likes her except you. She has stolen rent but you are too childish to have a conversation and see the truth.
“... Grow up. See who is to blame for any and all the problems in the house. That person is evil, lying, and ugly inside and out.
“Do not park next door again. It is selfish arrogant and rude. Information has been placed with WINZ and the police.”
McLaughlan was also found to have given the second tenant’s phone number to a third party, a potential “new tenant”, in a plan to intimidate him out of the property with further text messages.
“I am now legally entitled to move in and will be moving my stuff in even if you’re still in the house as you are now squatting on my property,” the new tenant texted.
“I have a tenancy agreement and if need be, I will come with the police again to remove you as we are getting all paperwork to have you removed, but since I am the legal tenant I will be moving my things in.
“Your dogs are no concern for me either as I have two mastiffs. I will call in tomorrow and get this sorted.”
Tenant two also told the tribunal a gang member had come around at one stage, but McLaughlan denied knowing any gang members.
After reviewing the text messages, the tribunal was satisfied the threats and insulting comments were a breach of the second tenant’s quiet enjoyment of the property and process of termination.
“McLaughlan showed a lack of competence and control regarding the ending of the tenancy ... She lost control and sent demeaning and hurtful messages to her tenant ... [with] the clear indication she was going to take matters into her own hands,” adjudicator Brett Smallbone said.
“This was threatening conduct to force [tenant two] out.
“I find the combination of texts and conduct of the landlord at the end of the tenancy was designed to trouble, worry and distress... The landlord’s harassment was intentional.
“Lynne McLaughlan is not new to tenancies. She has several properties. She should have known her responsibilities.”
McLaughlan was ordered to pay the second tenant a total of $6020.
