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Anderson v Paulin [2019] NZDC 8197

Published 18 February 2020

Appeal from Tenancy Tribunal — termination of tenancy — bond refund — damages — unlawful abandonment — account of profits/subletting — costs — Housing New Zealand Corporation v Salt [2008] DCR 697 — Focus Contracting Ltd v Property Management (Marlborough) Ltd DC Blenheim CIV-2009-006-103, 17 December 2009 — Housing New Zealand Ltd v Bell DC Dunedin TT547/96, 4 September 1996 — Residential Tenancies Act 1986, ss 62A, 66X & 102(2)(c). The appellant (landlord) appealed a decision of the Tenancy Tribunal where exemplary damages were awarded for breaches of tenancy but an application for compensation from the respondents (former tenants) was dismissed. The appellant raised nine grounds of appeal, claiming: the Tribunal had made an inadequate award for the costs of re-letting; the Tribunal wrongly declined to make an award for loss of rental income; the Tribunal was wrong in finding that the respondents had not acted unlawfully in abandoning the tenancy; the Tribunal was wrong to conclude that the respondents hadn't sublet the property; the amount of exemplary damages awarded was too low; and the Tribunal was wrong to find the respondents had not acted frivolously or vexatiously in bringing the proceedings to the Tribunal. The Court examined each of the nine grounds of appeal and dismissed each one. The appeal failed. Judgment Date: 1 May 2019.

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