The tenant of an east Auckland rental property has failed to convince the Tenancy Tribunal his landlord’s family breached his quiet enjoyment by urinating outside, clearing their throats, and spitting.
A recently released tribunal judgement in the case states the tenant living at the Pakuranga home also argued it was an unlawful residential property due to a heat pump installed above the kitchen bench that required servicing, the kitchenette lacking ventilation and essential appliances such as an oven, there was no insulation in the ceiling of the property, the ceiling was too low, the backroom was damp, plants were growing in the joinery, and the property was never consented to be let as two separate dwellings.
The tenant told the tribunal he arranged for Auckland Council building inspectors to attend the property, but they didn’t issue a report because he wasn’t the landlord.
He provided photos of a vine running along a windowsill and the toilet in support of his evidence.
The tenant stated the property was “untenable”, but he endured the conditions due to financial and health challenges.
The landlord told the tribunal he was always committed to maintaining the property in reasonable condition, the tenant didn’t report an issue with the health pump, and the landlord only recalled phone messages from the tenant due to internet issues.
After considering the tenant’s evidence, the tribunal found he hadn’t provided sufficient evidence to prove the property was unlawful. His claim was dismissed.
The tenant also claimed compensation and exemplary damages due to the landlord allegedly breaching his quiet enjoyment.
The disturbance began in early 2021 when the landlord’s parents moved in upstairs.
The landlord removed the carpet in the lounge, directly above the tenant’s unit, so the noise worsened, and the tenant could hear every conversation happening above him.
“He submitted he raised concerns three-four times a week, asking the landlord to speak to his parents,” the tribunal’s judgement states.
“The tenant gave the parents chair pads and asked them not to drag their furniture.
“However, the landlord’s parents’ constant loud talking (often late into the night), chair scraping, coughing, spitting, and hocking became overwhelming.
“The noise intensified when they drank wine and were more forgetful.
“The tenant submitted his guests also noticed the noise and commented on unpleasant smells – the landlord’s mother was burying waste in the garden, despite being asked not to.
“The property’s overflowing gutters added to the discomfort and the tenant complained the landlord’s young nephew was inconsiderate and difficult to communicate with.
“The rubbish bin was unhygienic, often left with unwrapped rubbish.
“Parking was also impacted by five pallets stored on the property.
“The landlord’s mother also used sewerage in the garden, which he witnessed and told her to refrain from doing so.”
The tribunal found the landlord was not in breach of the tenant’s quiet enjoyment.
“The actions of the landlord’s family, such as scraping the floor, urinating outside the house, clearing their throat, spitting, and planting raw sewerage in the garden, did not amount to a breach of the tenant’s right to quiet enjoyment.”
