A tenant has been awarded $2160 in exemplary damages after their landlord sent an eviction notice after they complained about water leaking in the house.
The tenant received the email after the landlord was issued an improvement notice in an attempt to resolve a complaint about the property.
In his decision, the Tenancy Tribunal adjudicator, Rex Woodhouse said: "There are strong interests for tenants and the public generally, that when termination notices are given, they are only given lawfully. Ending a person’s tenancy is a very significant step to take.”
He said the case was opened after a complaint was made by a third-party with the Tenancy Compliance and Investigations Team at MBIE.
The complaint was about "water ingress" concerns at the property but the source of the water leak couldn't be found without invasive work being completed.
However, an electrical fault was also found by the investigations team and it appeared there was no power in the living area and one bedroom of the property.
On November 16, 2023, the investigations team issued an improvement notice requiring the landlord, Wei Zhang, to address the electrical fault.
Landlord told investigators she would evict the tenants
When the team spoke to Zhang, she said she would email the tenants and end their tenancy.
Within 15 minutes of the investigations team sending the improvement notice to Zhang, she sent an email to the team — with the tenants copied in — terminating the tenancy, saying she wanted to redecorate and live in the house.
The investigations team contacted the landlord, warning that the termination notice was retaliatory.
Woodhouse said a retaliatory notice was "where a landlord gives notice to a tenant to end a tenancy in retaliation for a tenant standing up for their rights. For example, if they make a complaint about the tenancy.
"If a landlord issues a retaliatory notice, the tenant can apply to the tribunal to have the notice set aside. The tenant must apply within 28 working days of receiving the notice."
In December last year, on behalf of MBIE, the investigations team filed an application with the Tenancy Tribunal seeking a declaration that the ending of the tenancy was retaliatory.
In response, the Tenancy Tribunal found that the landlord had acted intentionally and ordered the eviction notice be set aside.
'Protections are in place'
"They were satisfied that when the landlord issued the termination notice to the tenant," Woodhouse said. "It was at least partly motivated by the complaint. This was the factor that made it retaliatory.
"While the landlord had stated that the termination notice was issued as she wanted to move into the property herself, she provided no evidence of this to the Tribunal."
Woodhouse said protections were in place for tenants who complain about their tenancy and officials will take steps to enforce these protections.
"Everyone has the right to live in a warm, dry and safe home.”
SHARE ME