A Gisborne landlord who thought she was being kind to her tenants, who in turn left her a card and chocolates when they quit the premises, still ended up before the Tenancy Tribunal with claims for rent arrears and breaches of quiet enjoyment.

Tenants Joanne and Adam Manger had nowhere to live and landlord Helen Macdonald offered them the use of a bus and caravan on her property.

Then, when Macdonald’s circumstances changed, she offered them her house and she and her son moved into the caravan and bus.

She described the arrangement as “a shared helping out, a lovely shared whanau arrangement”.

Macdonald says she “was no landlord” by which tribunal adjudicator J Greene understood her to mean she wanted to help a family in need without creating a tenancy.

“The difficulty with that view is that once she started receiving rent for the premises, Macdonald became a landlord and was subject to the RTA,” says Greene.

Privacy 'Breached'

The Mangers’ told the tribunal Macdonald frequently breached their privacy by bringing friends and family to the house even when they were in the shower.

They claimed she would also enter the property when they were out and slandered them repeatedly by discussing them with other parties by email.

They sought $3,000 compensation for the stress they experienced, the situation making them feel “physically sick”, and a restraining order in relation to Macdonald’s actions.

They also claimed the premises were unsafe and had no smoke alarms for the first few months of the tenancy.

Greene says the evidence on both sides was in conflict. “The landlord would have the tribunal believe that she is the caring and naive victim of abusive tenants who took advantage of her. The tenants would have the tribunal believe that they are the innocent victims of a landlord who deliberately and maliciously repeatedly interfered with their quiet enjoyment and privacy, slandered them to others, and tried to extort money from them they did not owe, in addition to failing to provide and maintain the premises in a reasonable state of repair.

“I suspect the truth lies somewhere in between.”

'Element Of Retaliation'

It was a case where context is important. “The landlord has breached the RTA in multiple ways, but I take into account comments by the tenants they had been grateful for the house and left a card and chocolates for Macdonald when they vacated. To some extent their application has an element of retaliation.”

Greene says he could not overlook the failure to provide smoke alarms and awarded $1,000 in exemplary damages to the Mangers. Claims by Macdonald for $650 in rent arrears and $1,000 for electricity and wi-fi expenses were thrown out.

The Mangers, who had claimed $3,000 in exemplary damages and compensation for loss of quiet enjoyment, were awarded $500. Greene told Macdonald if she decides to rent her house again she should take advice on the statutory responsibilities of a landlord.