Home Uncategorized Tenant's efforts to get $20,000 in compensation from landlord backfire

Tenant’s efforts to get $20,000 in compensation from landlord backfire

Author

Date

Category

Stuff reports

A tenant who wanted his landlord to pay him $20,258 after a four-month stint at a backpackers has instead been told to pay $5441.

Jacob Williams moved into Mackenzies Hotel and Backpackers on December 27, and shifted out at the start of April.

But he said things turned sour during his time there and took his case to the Tenancy Tribunal.

When he left he wanted a refund of his bond, $1000 compensation for having to relocate, $2409 for reports he produced in evidence for his claims, the cost of replacing locks, $605 for installing CCTV cameras and $277 spent purchasing rubbish bins, as well as exemplary damages, among other things.

He received no receipts for rent and there was asbestos contamination.

The tribunal found against him.

Adjudicator J Greene said while Williams referred to police records that detailed disturbances in March, it was unclear whether the person creating the disturbance was a tenant or someone else.

“Counsel submitted that the landlord was only provided with these records after the tenancy ended. Because the landlord was not notified of a problem he could not take any action to deal with the alleged breach by other tenants.”

Greene said any potential asbestos contamination issue arose due to Williams’ actions.

“He and Mr Brodie Williams pulled fixtures and fittings from the walls and cut holes in the wall board and the bathroom vinyl so they could have samples tested.

“Their actions have potentially exposed asbestos which up to then had been contained…There is no basis for the tenant’s allegation that he was exposed to asbestos contamination. The exposure risk followed from his actions. 

“Had he suspected asbestos the appropriate course was to inform the landlord; seek a remedy, such as initial testing which the landlord could have arranged; and if necessary apply to the tribunal for an order. Mr Williams’ actions are a clear-cut case of intentional damage. Indeed, he agreed that he and Mr Brodie Williams had done much of the damage, the justification being the need for asbestos testing.”

Greene said it was inappropriate to ask the landlord to pay for Brodie Williams’ report on the asbestos. He was not a qualified tester.

“He said it was not necessary to be qualified; the asbestos testing company explained to him how to take the samples… He acknowledged that the amount stated in the invoice was not in fact the correct amount when viewed against the other invoices produced.”

Williams also sought a full refund of the rent he paid while at the property because he said the building did not have a valid warrant of fitness.

Greene said the evidence did not support that.

In addition,  he still had the bins he had sought compensation for, and there were no grounds to offer reimbursement of the cost of CCTV cameras, Greene said.

He was not eligible for compensation for having to move because he chose to leave. 

Instead, Williams was ordered to pay $5870 to the landlord for intentional damage and $20 as a filing fee reimbursement. His bond of $450 would also be transferred to the landlord.

Oh dear. actions have consequences. Just wait for the taxpayer to pay out for this piece of shit. “It’s not my fault. The Govt has given us signals that no one is allowded to live in such conditions. I want a motel.”

Previous articleWhats wrong with Newshub?
Next articleHave Your Say

5 COMMENTS

  1. Unintended consequences again Cindy. When your COL proclaimed laws for tenants to demand they forgot there are nightmare tenants waiting for any opportunity to take advantage. What a complete f*wit. No doubt Jacob Williams will be paying the order to the landlord at $5/wk.

    0

    0

Recent posts

More Post COVID Vax Deaths Than COVID Deaths

Second Week In A Row: More Post COVID Vax Deaths Than COVID Deaths Written by James Fetzer For the second consecutive week, there have been more...

The Delta Variant

The Delta Variant, The Unvaxxed, And Other Propaganda Written by Jon Rappoport There is no Delta Variant. Because there is nothing to vary FROM. In other...

Ultra-Processed Food

How Ultra-Processed Food May Affect Your Brain Written by BBC The way ultra-processed foods may affect the brain has caused concern among some health experts. They...

Recent comments

Sooty on Have Your Say
howitis on Have Your Say
nasska on Have Your Say
Pascal on Have Your Say
Viking on Have Your Say
rightoverlabour on Have Your Say
Curious on Have Your Say
Mike Hunty on Have Your Say

The way we all feel about this useless government

Hamilton
light rain
12.9 ° C
13.3 °
12.6 °
89 %
4kmh
100 %
Sun
13 °
Mon
15 °
Tue
12 °
Wed
15 °
Thu
15 °
NZD - New Zealand Dollar
USD
1.4333
EUR
1.6871
AUD
1.0556
CAD
1.1407
GBP
1.9705
JPY
0.0130
CNY
0.2211
INR
0.0193