The tenant told the Tenancy Tribunal both parties had agreed to a long-term residency, which he thought was intended to last the rest of his life. Photo: 123RF
A tenant who was called a "bloody idiot with issues" by his landlord claims his notice of termination was served as revenge.
Last month, the tenant told the Tenancy Tribunal the landlord's notice of termination was discriminatory - something the landlord denied.
He claimed the notice was given because of his views on Covid-19, cryptocurrency and his position as a beneficiary. The man also claimed his enjoyment was breached after his landlord entered the premises without consent or notice.
"The landlord would plant trees in the garden without notice, collect mandarins from the trees on the tenant's property and entered the tenant's house unlawfully."
While giving evidence, the tenant admitted to having difficulties in his relationship with his partner, which led to loud arguments that not only upset the landlord but also the neighbours.
"One day the landlord came into our home very upset about the noise, he ended the conversations by saying 'you're outta here'.
"Then on another occasion after another big argument, the termination was handed to us," the tenant told the tribunal.
The tenant told the tribunal both parties had agreed to a long-term residency, which he thought was intended to last the rest of his life.
"It is unfair to end it now only three years in."
The tenant also claimed costs in maintenance including a broken window, broken toilet seat, an overgrown shrub and a lack of shower pressure.
But the landlord, who first served the notice of termination in April, told the tribunal he did this so his intellectually disabled son could move into the property that neighboured theirs.
He said the noise from the tenants had been upsetting for his family, but that the notice of termination was not related to their concerns with his behaviour.
"We had been meaning to issue the notice for a long time, but had been putting it off as we didn't want to contribute to the difficulties the tenants were already facing.
"We want our child to live here, the way we can set him up independently, he knows the neighbourhood and will feel safe being close to us," the landlord said.
In a recently released decision, tenancy adjudicator Kate Lash said didn't accept the claim that the notice of termination was served as revenge. She instead accepted the landlord's evidence that the property was needed for his son.
"I also accept that the landlord's actions caused distress for the tenants, however, I don't consider that the interactions amount to intentional acts intended to cause distress," she stated.
"They were disrespectful and inappropriate, but did not intend to be hurtful or wear the tenant down."
Lash also noted that the landlord hadn't discriminated against them.
"It is clear the landlord disapproves of some of the tenant's practices and beliefs, however, I didn't consider it established that any of their actions or decisions were based on those views," Lash said.
The landlord was however ordered to pay $1650 in damages for the toilet, window and shower and was also made to pay $500 for unlawful entry into the tenant's home.
The tenant's tenancy was terminated in late August.
- This story was first published on the NZ Herald website.