Terrorised tenant wins $5500 compensation over neighbours' abuse

A public housing organisation has been forced to pay almost $5500 to a beleaguered tenant who was “terrorised” by her neighbours and lived in fear, in a complex where another woman was allegedly shoved off a balcony.

A resident of the 20-unit block went to a tribunal for damages and compensation on the basis her landlord – Kāinga Ora – did not provide quiet enjoyment during her tenancy, and that she suffered psychological damage from her neighbours’ behaviour. 

The issues were related to the tenants of unit 10, in a social housing building in Auckland, New Zealand.

The tenant reported to Kāinga Ora the verbal abuse, death threats, human faecal matter, blood and phlegm “contaminating” the complex, slashed car tyres and banging on doors.

A woman was allegedly “pushed” from a unit’s second-storey balcony and other residents offered her comfort while waiting for paramedics. This left a mark on residents, the tribunal heard.

The tenant submitted a doctor’s report of the psychological impact of living alongside those in unit 10. She had to pause her studies because she was unable to cope due to what was happening at home. The New Zealand Tenancy Tribunal heard that Kāinga Ora wrote to the unit 10 occupants to report the complaints they had received from others in the complex.

They sent six communications between September 2023 and March 2024. The tenants did not respond and the organisation sought to have them evicted.

“On 26 September 2023 we received multiple complaints about disruptive behaviour at your address which includes people fighting in the hallway, holding the lift, drinking at the entrance door, and leaving trolleys around the floor levels, disorder, intimidation, possible strangers entering property ringing other people’s unit to open the entrance door,” the letter presented to the tribunal said. “We believe this is carried out by you and your household members and visitors.” 

Another letter to unit 10 said management wanted to speak to them about a woman tampering with access buzzers, arguing in the hallway and knocking on neighbours’ doors asking for money.

Tribunal adjudicator Rex Woodhouse ordered the housing body to pay the tenant $NZ3000 ($AU2724) in damages and $NZ3000 ($AU2724) in compensation.

“Having heard from the tenant, and considering the evidence and case of Kāinga Ora, I believe the landlord has seriously underestimated and downplayed the impact that living in the tenancy, with the abuse, threats and fear that was instilled by the unit 10 tenants,” he said in the published decision.

“The tenant did not feel the landlord took their complaints seriously, and I can understand why they feel that way.”

Names were suppressed by the tribunal.