Renter wins in Tenancy Tribunal

• Author: James Pocock
• Published date: 10 February 2022
• Publication title: Hawkes Bay Today

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 made on 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.

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...