PHOTO: FILE
Exemplary damages totaling $2160 have been awarded to a tenant who received an eviction notice from their landlord following complaints about water leaks in the house.
The landlord, Wei Zhang, sent the notice after being issued an improvement notice in response to property complaints. Rex Woodhouse, the adjudicator of the Tenancy Tribunal, emphasized the importance of lawful termination notices, stating that ending a tenancy is a significant step.
The case stemmed from a complaint lodged with the Tenancy Compliance and Investigations Team at MBIE regarding water ingress concerns at the property.
While the source of the leak remained elusive without invasive work, an electrical fault was discovered, affecting power in the living area and one bedroom.
Following an improvement notice issued on November 16, 2023, Zhang promptly informed investigators of her intention to evict the tenants, citing a desire to redecorate and inhabit the premises herself.
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However, this action was deemed retaliatory, as warned by the investigations team, prompting a declaration-seeking application from MBIE with the Tenancy Tribunal.
The Tribunal ruled in favor of the tenant, finding the landlord’s actions intentional and ordering the eviction notice to be rescinded. Woodhouse stressed the importance of protecting tenants who assert their rights, affirming everyone’s entitlement to a warm, dry, and safe home.
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