Landlord Fined for Excessive Gardening Intrusions
In a recent Tenancy Tribunal case, a landlord with a penchant for maintaining lawns and gardens was ordered to pay $1120 in compensation to his tenants for breaching their right to quiet enjoyment of the property. The tribunal adjudicator, B King, concluded that the landlord’s frequent visits and gardening activities constituted an unreasonable intrusion into the tenants’ living space, leading to discomfort and privacy concerns.
The Landlord’s Passion for Gardening
Mark Alton, the landlord in question, admitted to being “quite passionate” about lawn and garden maintenance, which he considered his hobby. Over the course of the 65-week tenancy, Alton made a total of 43 visits to the property, often to mow the lawns or carry out other grounds maintenance tasks. While Alton claimed that he usually sent a text before arriving, the tenants felt that his presence was excessive and intrusive.
Tenants’ Complaints and Tribunal Ruling
The tenants, whose identities remain suppressed, expressed concerns about feeling uncomfortable due to Alton’s frequent visits, some of which they deemed unexpected and unnecessary. They cited instances where they felt their privacy was invaded, such as being caught in a state of undress when Alton delivered something unannounced to the door.
Tribunal adjudicator B King noted that while there was no evidence of deliberate harassment or improper conduct on Alton’s part, the cumulative effect of his actions crossed the line of reasonableness. The tenants were awarded $1120 in compensation for the breach of their right to quiet enjoyment, offsetting the costs of damages they were responsible for.
Takeaway for Landlords and Tenants
This case serves as a reminder to landlords and tenants alike about the importance of respecting boundaries and maintaining clear communication. While landlords have a responsibility to maintain rental properties, they must also be mindful of not overstepping into tenants’ personal space. Open dialogue and mutual respect can help prevent such disputes and ensure a harmonious living environment for all parties involved.