Harassment or Intimidation by a Landlord or Tenant

Under the Residential Tenancies Act, harassment occurs when someone intentionally interferes with your reasonable peace, comfort, or privacy as a tenant. The behaviour must be deliberate and unreasonable in the circumstances, going beyond normal landlord-tenant interactions or flatmate disagreements.

Common examples of landlord harassment include entering the property without giving proper notice, making excessive phone calls or visits, threatening eviction without legal grounds, deliberately cutting off utilities or services, or making intimidating comments about your tenancy. The harassment might also involve interfering with your belongings, changing locks without notice, or bringing prospective tenants through at unreasonable times.

Tenant-on-tenant harassment can include threats, intimidation, deliberately damaging shared areas, interfering with your personal property, or creating excessive noise specifically to disturb you. The key factor is that the behaviour is intentional and goes beyond what would be considered reasonable in a shared living situation.

A single serious incident can constitute harassment, but more commonly it involves a pattern of behaviour over time. The Tribunal looks at the overall impact on your ability to enjoy your tenancy peacefully, not just individual incidents in isolation.

Proper documentation is crucial for any harassment complaint to the Tenancy Tribunal. Start keeping detailed records as soon as harassment begins, including dates, times, locations, and descriptions of each incident. Write down exactly what was said or done, who was present, and how the incident affected you.

Take photographs of any damage to your property or evidence of harassment, such as changed locks, disconnected utilities, or threatening notes. Save all text messages, emails, or written communications that show harassment. If there are witnesses to incidents, get their contact details and ask if they would be willing to provide a statement.

Keep records of any costs you incur as a result of the harassment, such as having to stay elsewhere, replacing damaged belongings, or medical expenses if the harassment affects your health. Also document how the harassment impacts your daily life, work, or wellbeing - this information helps the Tribunal assess appropriate compensation.

If you make any complaints to the landlord, property manager, or other parties about the harassment, keep copies of these communications and any responses. This shows you tried to resolve the matter before going to the Tribunal.

The Tenancy Tribunal has several powers to address harassment situations. It can make orders requiring the harassment to stop, award compensation for the impact on you, and in serious cases, terminate tenancies or exclude parties from the property.

Compensation awards vary significantly depending on the severity and duration of harassment. Minor harassment might result in awards of a few hundred dollars, while serious ongoing harassment that significantly impacts your life could result in several thousand dollars compensation. The Tribunal considers factors like the frequency of incidents, their impact on your mental health and wellbeing, any financial losses you suffered, and whether you had to temporarily relocate.

In cases involving co-tenants, the Tribunal can make exclusion orders removing the harassing tenant from the property. This is a serious remedy typically reserved for situations where the harassment is severe and other solutions haven't worked. For landlord harassment, the Tribunal might order specific behaviour to stop and award compensation, but cannot remove the landlord from their ownership role.

The Tribunal can also make orders about future conduct, requiring parties to communicate only through specific channels or prohibiting certain types of contact. These orders are legally binding and breaching them can result in further penalties.

To apply to the Tenancy Tribunal for harassment, you need to complete the appropriate application form and pay the filing fee. The application must clearly describe the harassment incidents, when they occurred, and what remedy you're seeking. Include all your supporting evidence with the application.

You have 12 months from when the harassment occurred to make your application, or 12 months from the last incident if it's ongoing. Don't wait until near the deadline - preparing a strong case takes time and evidence becomes harder to gather as time passes.

Before applying, consider whether tenancy mediation might resolve the issue. Mediation is free, faster than a hearing, and can sometimes achieve better outcomes for ongoing relationships. However, if the harassment is serious or the other party is uncooperative, proceeding directly to a hearing may be more appropriate.

The Tribunal will schedule a hearing where both parties can present their case. You'll need to present your evidence clearly and explain how the harassment has affected you. The other party will have an opportunity to respond and present their version of events.

Harassment by flatmates or co-tenants creates unique challenges because you share the same living space and may both have rights under the same tenancy agreement. The legal options depend on whether the harassing person is a tenant, subtenant, or occupier without tenancy rights.

If your flatmate is a co-tenant on the same tenancy agreement, you can apply to the Tribunal for an order excluding them from the property. This requires showing that their behaviour seriously interferes with your reasonable peace, comfort, or privacy, and that exclusion is the appropriate remedy.

For flatmates who aren't on the tenancy agreement, the situation depends on their legal status. If they're subtenants with their own agreement with you, you may need to follow proper termination procedures. If they're occupiers without formal tenancy rights, you may have more flexibility in asking them to leave, but should still follow reasonable notice periods.

Document all harassment incidents carefully, as flatmate disputes often involve conflicting versions of events. Try to resolve issues through discussion or mediation first, but don't hesitate to seek legal advice if the harassment is serious or escalating. Living with harassment can significantly impact your mental health and enjoyment of your home.

Landlord harassment often follows predictable patterns, particularly when landlords want tenants to leave but don't have legal grounds for termination. Common tactics include excessive property inspections, entering without proper notice, threatening eviction without cause, or deliberately making the property uncomfortable by interfering with utilities or services.

Some landlords use intimidation through aggressive communication, threats about rent increases, or suggestions that the tenant should leave 'voluntarily' to avoid problems. Others might bring prospective tenants through at unreasonable times or frequencies, or make unnecessary noise during renovations to nearby properties.

Remember that landlords have legitimate rights to inspect their property, communicate about tenancy matters, and take reasonable steps to protect their investment. The line is crossed when these activities become excessive, unreasonable, or are clearly intended to pressure you into leaving or accepting unfavourable conditions.

If you're experiencing landlord harassment, document everything and consider whether the behaviour might also constitute breaches of the landlord's obligations under the tenancy agreement. Multiple breaches can strengthen your case and increase potential compensation awards.

If harassment involves threats of violence, actual violence, or makes you fear for your immediate safety, treat it as an urgent situation requiring immediate action. Contact the police if you believe you're in danger - tenancy harassment can escalate into criminal behaviour.

For urgent tenancy matters that can't wait for a regular Tribunal hearing, you may be able to apply for an urgent hearing. This is typically available when there's immediate risk of serious harm or when waiting for a standard hearing would cause irreparable damage to your situation.

If you need to leave the property temporarily for safety reasons, keep records of where you stay and any costs involved. This information will be relevant if you later claim compensation for being forced to find alternative accommodation due to harassment.

Consider whether you need to involve other agencies beyond the Tenancy Tribunal. If the harassment involves discrimination based on protected characteristics, you might also have options through the Human Rights Commission. If it involves criminal behaviour, police involvement may be necessary alongside your tenancy complaint.

The Tenancy Tribunal can award compensation for various impacts of harassment, including distress, inconvenience, financial losses, and interference with your quiet enjoyment of the property. The amount depends on the severity of harassment, its duration, and its specific effects on your life.

Compensation for distress and inconvenience typically ranges from a few hundred to several thousand dollars. Factors the Tribunal considers include how the harassment affected your sleep, work, relationships, and general wellbeing. More serious or prolonged harassment generally results in higher awards.

You can also claim compensation for direct financial losses caused by harassment, such as costs of temporary accommodation if you had to leave the property, replacement of damaged belongings, medical expenses if the harassment affected your health, or lost wages if it impacted your work.

The Tribunal may also award exemplary damages in cases where the harassment was particularly serious or the harassing party showed complete disregard for your rights. These damages are designed to denounce the behaviour and deter similar conduct, rather than just compensate for losses.

To maximise your compensation claim, keep detailed records of all impacts and costs. Get medical certificates if harassment affects your health, keep receipts for any expenses incurred, and document how the harassment disrupted your daily life and activities.