News

Unusual living arrangements end in exemplary damages

Friday 7th of May 2021

Jamie Golding and Robyn O'Halloran moved their caravan on to the tenant’s property during the first lockdown last year and lived there until the end of October.

Earthworks were carried out by the landlords at the rental premises to accommodate the caravan and other vehicles. A firepit was used regularly at night.

Golding and O'Halloran then left with the caravan for work and returned for a week in January this year.

The tenant, who has name suppression, was fed up by then and told them to go, but instead three days later he was given a 90-day notice to leave by the landlords.

After the landlords refused to leave, the police eventually issued trespass notices to Golding and O'Halloran and asked for the caravan and other vehicles to be removed.

The tenant went to the Tenancy Tribunal claiming the 90-day notice was retaliatory because he wanted to live without the landlords in the back garden.

Golding and O'Halloran told the tribunal the tenant pointed out some repairs when they returned in January and they thought it would be better to move in and do the work as it suited them.

Deciding the notice retaliatory, the tribunal found Golding and O'Halloran were used to the tenant complying with their requests and the timing of the notice – so soon after the tenant told them they had to leave – was significant.

Adjudicator K Koller said, “The landlords acted intentionally. Their comments about the tenant indicate they do not comprehend the rights a tenant has when paying rent for a home.

“There is clear public interest that landlords do not take advantage of tenants.”

The landlords were ordered to pay $1,000 to the tenant for the retaliatory notice.

The tenant also claimed the landlords breached his quiet enjoyment and Koller agreed saying Golding and O'Halloran had harassed him, wearing him down and causing worry and distress.

He was awarded $600 for the breach.

When asking the tribunal to consider a rent refund for the 26 weeks the landlords were at the tenancy premises Koller ordered the landlords to pay back $30 of the weekly rent for the loss of privacy, which totalled $801.

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