Successful exemplary damages claims anybody?

[Lighthouse]

How much did you get for items 2 and 3?

[fatjoez]

Just over $200 each. We didn't request a specific amount as didn't expect to win anything.
Adjudicator did not specify any calculation basis for the amount awarded

[fatjoez]

One piece of advice on further reflection I can give you all is that the Adjudicator asked us specifically to state where in the residential tenancies act the tenants breached.

So if you are presenting any claim and asking for exemplary damages say for example for Harassment of neighbour.
We had to refer the adjudicator to the section which states that tenants are obliged to allow their neighbours peaceful enjoyment of their property and not interfere.

Meaning, it wasn't enough to go to the tribunal and ask for exemplary damages for harassment because they broke in.
We had to actually connect to the tenants obligations and the sections of the residential tenancies act.

It seems obvious and simple but the Adjudicator made a point to mention that they expect a higher standard from the property managers / landlords and effectively,
they expect us to be lawyers and present a very clear and complete legal case connecting the damages requested with the tenancy laws.
Despite this, tenants can show up and just make a request in simple terms as the burden of legal knowledge on them is considered less.

Just something to keep in mind. Do your research read the residential tenancies act and go prepared.

[Perry]

It seems obvious and simple but the Adjudicator made a point to mention that they expect a higher standard from the property managers / landlords and effectively, they expect us to be lawyers and present a very clear and complete legal case connecting the damages requested with the tenancy laws.

It will be interesting to see if those plain words are to be found in the judgement Order. If so, in my view, it's a damning admission.

It is also something that's long been suspected: that TT Kangaroo Kourt Klutzes do not apply the RTA law even-handedly.

[fatjoez]

I agree and to almost literally quote the Adjudicator this is what he said to me when I said we were seeking exemplary damages for harassment of neighbour

"You are the professional property manager here. Tell me exactly which area of the RTA this relates to."

To be FAIR to him I didn't end up quoting the exact section but I did give him a very clear description of which section I was referring to which is that tenants are required / obliged to allow their neighbours and/or landlords other property residents to also quiety peacefully enjoy their property.

So definitely I think there is a bias towards requiring more from Property Managers/Landlords however if you make a reasonable case the adjudicator should be understanding enough to connect the last couple of dots that you might miss. They just want a bit more than what a tenant can offer though.

In light of the above though I have to say it is very easy to go online and read the residential tenancies act and research which sections are relevant to your case.

[PTWhatAGreatForum]

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

Exemplary damages due to
[...]
- harassment of neighbour - broke into neighbours property and stole items
- use of premises unlawfully - police entered & confiscated drugs

Are you planning to make good with your neighbors over your arsehole tenant?

[fatjoez]

Are you planning to make good with your neighbors over your arsehole tenant?

More a matter for the police. I believe they are still in the process of charging the tenant in courts.
Our cost in all this far exceeds the minor amount awarded.
We've spent 5 months so far just chasing the initial tribunal amount awarded and of the original claim we are still out of pocket over $2k.

I wouldn't call this a success story but I did think want to share the outcome of the exemplary damages claim as it is a very grey area which when I speak to other property managers seems rarely claimed or attempted because it is so difficult to achieve.

[PTWhatAGreatForum]

More a matter for the police. I believe they are still in the process of charging the tenant in courts.

In other words no accountability on your part.

[fatjoez]

Not sure what you mean? Please clarify

[PTWhatAGreatForum]

Not sure what you mean? Please clarify

Are you a bit slow? The arsehole tenant you chose has ripped them off. If it were me, I'd be pissed with you as well.

Or does your concept of responsibility only extend to yourself?

[fatjoez]

Stay on topic & respectful please thanks!
Feel free to start a separate thread to discuss your point as it is not related to the purpose of this thread.
Cheers

[PTWhatAGreatForum]

Stay on topic & respectful please thanks!

It is on topic and respectful. I haven't said what I think of your claim yet...

[Don't believe the Hype]

Stay on topic & respectful please thanks!
Feel free to start a separate thread to discuss your point as it is not related to the purpose of this thread.
Cheers

ignore MichaelNZ - he's an angry little man with a unique view on the world.

He is allowed to bang on and insult or be rude to everyone but you'd better show him respect.

[Perry]

"You are the professional property manager here. Tell me exactly which area of the RTA this relates to."

Part of that is fine. Whoever is making a claim - tenant or LL - needs to specify the RTA grounds on which the claim is made. (And often what relief is sought pursuant to that law). So long as both tenants and LLs are treated the same, I see no problem with that.

AFter the first rental, can a tenant then be described as a 'professional' tenant?

[PTWhatAGreatForum]

Don't believe the Hype and the OP would fit in well together. They both have their "screw everyone else" view of their world.

No wonder landlords are getting so much flack.

A sane and normal person, having contributed towards upsetting the neighbors through poor tenant selection might have some contrition. But not some it seems. As long as they are getting paid **** everyone else.