The Tenancy Tribunal has awarded a payout to a tenant after their landlord tried to end their lease 15 minutes after a complaint was received about serious issues with the property.
The tenant, who is unnamed in court documents, was living on a property in Johnsonville, Wellington, leased by Wei Zhang.
Outside water was penetrating the property, causing numerous issues.
On 29 April 2022, the Ministry of Business, Innovation and Employment (MBIE) received a complaint about the condition of the property from the tenant's son.
During an investigation of the site on 20 June, it was discovered that water was leaking into the property, there were smoke alarm issues, and there were also electrical faults.
The investigator, a Ms Pauu, noted that an extension cord had been plugged into the bathroom to supply power to the lounge.
There was also no power in one of the property's bedrooms.
An independent watertightness inspector then assessed the property but was unable to find the source of the leak without invasive testing, which was not undertaken.
Later that year in November, the tenant's son contacted MBIE again and said the electrical problems were continuing.
Pauu phoned Zhang to advise that an improvement notice was to be issued about the electrical fault.
Paul said Zhang was initially "open and engaged with the conversation".
"The landlord stated that she would organise a plumber to visit the property. I clarified to the landlord that she would need an electrician.
"The landlord then became upset at this point as it was not a plumber that was needed," Pauu said.
After a back and forth, Zhang said that she would just terminate the tenancy.
Paul warned her that she would need to follow the correct process.
The improvement notice was issued, requiring Zhang to address the lack of power in the living area.
Within 15 minutes, Zhang emailed the tenant, writing, "I haven’t heard you give me any information about the problem, but you keep telling me that the tenancy has various problems with my house.
"I want to redecorate the house and decide to live in it by myself."
"Please move out of my house as soon as possible...within three months at the latest."
The tenant's son then contacted the Tenancy Compliance and Investigations Team (TCIT) who sought to have the termination notice set aside and have damages paid on the basis that the termination was a retaliatory notice.
The case was heard on 19 January 2024 and in court, Zhang reiterated that she was concerned about the state of the house and wanted to redecorate.
She also said she already had claims against the tenant for rent arrears and damage against the property, which the adjudicator said were filed recently and thus couldn't be considered.
Tenancy adjudicator R Woodhouse said in the ruling, "I consider the much more likely situation is that the landlord was motivated at least partly, by the complaint around the tenancy".
The tribunal ordered the notice to end the tenancy be cancelled and exemplary damages of $1,166 be paid, alongside a filing fee reimbursement of $20.44
