Another landlord done by the Tribunal.

[Viking]

http://www.sunlive.co.nz/news/100657-amy-wins-goliath-tenancy-battle.html

A diminutive solo mum with big attitude has won a landmark court case over her landlord and avoided eviction from her rented Merivale home.
“Wonderful news, unbelievable,” says the pumped up mum-of-three Amy Barlow.


What is “unbelievable” is after a protracted six-month dispute the Tenancy Tribunal threw out the landlord's order for Amy and her three children to vacate their Mansels Rd Home.
And she won her counterclaim against rent arrears. “I can tell you I was in tears when I heard,” says Amy, again on the brink of tears.
It's a “biggy, a real biggy” according to her lawyer Beverley Edwards of Baywide Community Law Office.
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Previous article.

Is she the victim or is she the tenant from hell? Amy Barlow is a slip of a woman but she won't be messed with. And she's refusing to be “monstered” out of her rental home.
For their part, the property managers say she's “used all her excuses” and is making it impossible for them to be conciliatory and understanding. And they say she's in their debt.

http://www.sunlive.co.nz/news/96509-mums-tenancy-feud-heats-up.html

The ogre, the alleged ogre, in this case is the landlord and property manager, Tauranga Rentals. They say it has everything to do with the property.
“Amy Barlow? We only know her as Amy Tame. She's in rent arrears of $930.44,” says Tauranga Rentals principal Daniel Lusby. And that is legal grounds for eviction.





But Amy says she took it upon herself to force action on the fence. “I notified them I would be withholding $60 of my rent each week until the fence was fixed. Three weeks later they had men on the job.”
“The fence was an excuse,” says Daniel. “And Amy withheld rent for nine weeks between September 25 and November 27, 2014. That's $540, which is part of her arrears.”

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So, she was clearly in breach of the tenancy and the Law and yet a Tenancy adjudicator decided for her.
That person needs the sack for not even knowing the Law.



It would seem the adjudicator used section 56 to do over Tga Rentals.

Like all these stories there is more to it than is reported.

Interestingly I had the idea that Lawyers were not allowed at TT adjuidications. Obviously I must be wrong.

[flyernzl]

Their major error is that they should have served her a 90 day notice before they did anything else.

If they had done that, she would now have been long gone regardless of the outcome of the hearing.

However, if I was her Landlord I would be appealing the decision.

It is quite clear - repair or maintenance issues are not a legal reason for witholding all or part of the rent, no matter how clearly or logically she presented her case.

[smartone]

Wow just wow. She has cost herself here, her options for rentals will surely be limited now. I do see both sides, the landlord does have a duty of care to the tenant but this goes both ways. I would defiantly be appealing that ruling.

[NIK]

@ viking - lawyers are allowed in TT if the adjudicator agrees (the other party can object, but it ultimately the adjudicator decides), especially, if the lawyers represent the poor tenants.

I'd be keen to read the full order. Bet the adjudicator is certain Mr S, he tends to think it is his job to 'restore' the balance of power between the poor tenants and the filthy rich landlords.

Those that have read the order, was the fence fixed by the school? If so, why is the landlord being held responsible for the delay in fixing it?