Tenants awarded nearly $3000 for 'emotional harm' in dispute over landlord's cockatoos

Auckland landlords have been ordered to pay their tenant $NZ3000 ($2835) for “emotional harm” after they entered the tenant’s dwelling with out permission, however the tenant wished extra.

The tenant advised the Tenancy Tribunal that he was made to take care of the landlords’ pets whereas they have been on vacation, below menace of being evicted.

“Every time I feed the animals, I really feel like considered one of my landlords’ free servants, working in trade free of charge lodging, though I already paid the hire,” the tenant stated.

The landlord and tenants shared residency in Te Atatū, West Auckland. (Stuff)

The landlords, each of whose names are Huixin Sun, confirmed they’d 10 cockatoos, 20-30 goldfish and one canine.

They advised the tribunal taking care of them was “not that difficult” and there was no menace of eviction.

The tenant claimed $NZ6016.23 ($5686) in wages for his companies to the landlords’ menagerie, however adjudicator Robert Kee didn’t permit the declare as a result of it had been filed too late within the proceedings.

“Next-door neighbours or pals fairly generally feed pets whereas somebody is away,” Kee stated in his resolution.

“It is permissible for a landlord to ask their tenant who lives on the same property to feed their pets while they are away.

“While there is not only one canine or cat on this case, but additionally fish and birds, the trouble required to feed the animals was not that onerous for my part.”

The tenants also alleged the landlords entered the property without permission.

One morning the tenant left out their key for the landlord to enter with a plumber, but he left for work in the afternoon he took his key.

The landlords’ son was caught on a hidden camera entering the home with the plumber later in the day.

He told the tribunal he didn’t think the tenant would mind.

But the tenant was “very upset” and, after confronting the landlord about it, made a police report.

“I felt utterly insecure, and I needed to sleep with a knife below my pillow as a result of I didn’t know who would enter whereas I’m asleep,” he told the tribunal.

“The physician’s analysis was that I had a robust nervous breakdown and mania, primarily due to the excessive stress and lack of relaxation after you entered my home illegally,” the tenant told the landlord.

2. 3 Lindsay Avenue, Darling Point NSW ($60 million)

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Kee accepted the tenant’s evidence that they had suffered emotional harm and awarded them $NZ3000.

“He suffered fear, stress, frustration, anxiousness, and insecurity, albeit the total extent of these emotions can’t be attributed solely to the illegal entries,” he said.

The landlords were also ordered to pay $NZ500 for failing to lodge bond, $1500 for failing to replace a smoke alarm, $NZ500 for entering without permission, and $NZ50 for flooding caused by a broken pipe.

The tenant had to pay $NZ3.90 for a rubbish tag, $NZ50 for wall damage, $NZ167 for carpet damage and $NZ172 for a remote.

This story initially appeared on Stuff and has been reproduced with permission.