Auckland landlords have been ordered to pay their tenant $NZ3000 ($2835) for “emotional harm” after they entered the tenant’s home without permission, but the tenant wanted more.
The tenant told the Tenancy Tribunal that he was made to look after the landlords’ pets while they were on holiday, under threat of being evicted.
“Every time I feed the animals, I feel like one of my landlords’ free servants, working in exchange for free accommodation, even though I already paid the rent,” the tenant said.
The landlords, both of whose names are Huixin Sun, confirmed they had 10 cockatoos, 20-30 goldfish and one dog.
They told the tribunal looking after them was “not that difficult” and there was no threat of eviction.
The tenant claimed $NZ6016.23 ($5686) in wages for his services to the landlords’ menagerie, but adjudicator Robert Kee did not allow the claim because it had been filed too late in the proceedings.
“Next-door neighbours or friends quite commonly feed pets while someone is away,” Kee said in his decision.
“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 just one dog or cat in this case, but also fish and birds, the effort required to feed the animals was not that onerous in my view.”
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.
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But the tenant was “very upset” and, after confronting the landlord about it, made a police report.
“I felt completely insecure, and I had to sleep with a knife under my pillow because I did not know who would enter while I’m asleep,” he told the tribunal.
“The doctor’s diagnosis was that I had a strong nervous breakdown and mania, mainly because of the high stress and lack of rest after you entered my house illegally,” the tenant told the landlord.
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Kee accepted the tenant’s evidence that they had suffered emotional harm and awarded them $NZ3000.
“He suffered worry, stress, frustration, anxiety, and insecurity, albeit the full extent of those feelings cannot be attributed solely to the unlawful 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 originally appeared on Stuff and has been reproduced with permission.
