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For once makaan maalik pays: Landlord calls tenant ‘moaner’; court asks him to pay 600 dollars fine

July 17, 2022
tenant

A man was asked to pay $600 to his tenant because he called him a moaner. The bizarre case happened in South Auckland flat in New Zealand.

Moaner means a person who complains a lot, usually about something that does not seem important to other people.

The landlord however found it the hard way that calling your tenant so was not a sane move

The two tenants took their landlord to court in June claiming “a breach of enjoyment” after they overheard him complaining about them, reported NZHerald.

The complaint followed a conversation in March when the landlord was at their South Auckland rental and talking to Southern Suburbs Realty Limited on the phone.

During the call landlord, Shaun Carruthers referred to one of the tenants, saying: “He is on ACC and he is a moaner.”

ACC (Accident Compensation Corporation) covers everyone in New Zealand who is injured in an accident.

At a Tenancy Tribunal hearing in June, the tenants said the landlord had poor communication had failed to deal with maintenance issues and had failed to give notice before entering the home.

Carruthers acknowledged the phone call and apologised during the hearing.

The tenant, who was on ACC due to an injury in 2018, claimed the ongoing stress and lack of communication, interrupted his appointments and therefore hindered his enjoyment of the house.

“This caused me stress and made me very hurt,” the tenant said.

Tenancy Adjudicator G Guptill said the tenants had proven how the combination of the landlord’s actions had caused stress and inconvenience for them.

“There has been a breach of their reasonable peace and comfort in the use of the premises,” Guptill said.

The landlord was ordered to pay the pair $600 in compensation.

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