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  1. #1

    Question Successful exemplary damages claims anybody?

    Taking a claim to tenancy tribunal (as landlord) for:

    Exemplary damages due to
    - condition of property during end of tenancy / viewings by new tenants (breach of obligation to keep property reasonably clean tidy)
    - consequential rent loss as nobody who viewed property wanted to rent it until cleaned (cleaners organised by us)
    - harassment of neighbour - broke into neighbours property and stole items
    - use of premises unlawfully - police entered & confiscated drugs

    Can anyone make any suggestions or provide relevant cases where landlords have been successful in any of the above.
    Or advise what information to present to have better chance of being successful in any of above claims.

    I know the tribunal rarely award landlords exemplary damages so any advice appreciatd

    Thanks

  2. #2
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    Sep 2004
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    Even if you get lucky at the TT Kangaroo Kourt, would you ever get anything out of the tenant, without incurring even more expense?

    Could be a good pro-LL media story, though, if successful or not.
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  3. #3

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    Haha! Well said Perry. Wonder if we should even bother attending the session. The tenant didn't last time.

  4. #4
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    You must attend, no matter what, or the claim will be vacated.
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  5. #5
    Join Date
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    Fatjoez, have you got all of the tenants details in a safe place? Full name (including middle, all spelt correctly), DOB, copy of drivers licence, photo, benefits client number, place of work, etc? If he does a disappearing act you'll need much if not all of this to get your money out of him. One of my tenants did a runner a few years ago but I had the right info. Four years later he let his guard down. The debt collector caught up with him I got my money less a small fee.

  6. #6

    Default

    Nice well I don't think we have Driver license / Dob etc unfortunately. This is something we are starting to collect now for new tenants.
    We will attend of course but I have a fairly educated opinion that there really is no point.

    I am still VERY curious to see if anybody has any record or reference to successful exemplary damages claims from landlords as I can't see any way to search for them but am sure they have been awarded in past.

  7. #7

    Default

    Check this out fatjoez.

    http://www.legislation.govt.nz/act/p...LM3285790.html

    Your best bet is harassment of neighbours and then illegal use. You might get 60% of the maximum amounts possible. How was your compliance with the rules for smoke alarms and bond payments? Often landlords end up paying exemplary damages for non-compliance even when the tenants have made a mess or not paid rent.

    Exemplary damages are not awarded automatically (especially if you are a landlord) and you will have to provide sufficient evidence. The adjudicator has to take into account effect of the unlawful act, the interests of the person against whom the unlawful act was committed, and the public interest....

    This is the relevant part of the act for you
    http://www.legislation.govt.nz/act/p.../DLM95936.html

    Here is a meth case where the landlord was successful.
    https://forms.justice.govt.nz/search.../127746510.pdf
    Last edited by Lighthouse; 01-11-2017 at 09:49 PM.

  8. #8
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    Be aware the the TT has a head-in-the-sand, look-the-other-way policy with tenant drug use, unless there is a conviction to prove it.
    Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

  9. #9
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    Get judgement against them, then if they don't pay, bankrupt the bastards fatjoez.
    Squadly dinky do!

  10. #10
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    Quote Originally Posted by fatjoez View Post
    We will attend of course but I have a fairly educated opinion that there really is no point.
    If there is a point, it's that if you don't attend, your claim will be thrown out.
    Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!


 

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