Vile abuse leads to big compensation awards

The large exemplary damages and compensation awards were for harassment, upsetting the tenant’s quiet enjoyment of the property as well as failing to provide insulation, insurance, healthy homes and rent statements.

It is the second time in a year landlord Rebecca MacPherson Anderson had been ordered by the tribunal to pay exemplary damages for harassment. The previous case involved two tenants of another rental she owned. In that decision the adjudicator described two “nasty, intimidating and oppressive” incidents as “brief but serious and having an ongoing effect on the tenants.”

MacPherson Anderson’s only defence to the recent case was everything said was “all lies” and the tenant had arranged for another person to impersonate her and that person entered into the tenancy agreement, not the tenant in front of the tribunal. She says she would never have agreed to having a person like [the tenant] as a tenant, referring to her appearance, in particular, her tattoos.

Tribunal adjudicator R Merrett rejected MacPherson Anderson’s defense in its entirety. “The tenant signed the tenancy agreement as did MacPherson Anderson and the tenant confirmed the signature was hers.”

The tenant, who has name suppression, had a one-year fixed term tenancy from 9 April 2021 and it ended on 20 December that year. Rent was agreed at $450 per week and a bond of $1,350.00 was paid. The tenant lived at the premises with her six-year-old son.

Difficulties began with the tenancy soon after it started. On 20 May last year, MacPherson Anderson texted the tenant saying the property had been sold and she needed to vacate by 21 June or sign a contract with the new owner.

The tenant was not told the property was on the market or that MacPherson Anderson intended to sell. On 25 May, MacPherson Anderson’s son told the tenant the property had not been sold and his mother did not intend to sell it.

Then, on 4 October, a real estate agent contacted the tenant saying MacPherson Anderson was selling the property. Just over two weeks later, MacPherson Anderson asked the tenant if she could bring prospective buyers through in four days’ time. She told the tenant she was not selling the property but simply “testing the market”.

Uncertainty over whether the property was for sale or not continued and on 3 December MacPherson Anderson went to the property with another real estate agent. The tenant was not home, and no prior notice was given of the visit. The tenant’s ex-partner was there at the time and MacPherson Anderson pushed past him and went into the house.

The tenant was awarded $750 compensation for MacPherson Anderson’s interference in her right to quiet enjoyment of the premises.

After 3 December, MacPherson Anderson’s behaviour escalated to abusive and nasty and the tenant told the tribunal she began to fear for her safety.

She began getting hostile and abusive texts from MacPherson Anderson, accusing her of maliciously damaging the garden and demanding payment of $500. The landlord said she had referred the “malicious damage” to the police and told the tenant to immediately vacate the premises.

MacPherson Anderson accused the tenant of being a prostitute and “doing drugs” and she would regularly call her offensive names such as “mongrel, loser, tattooed scum, and stupid girl”.

Merrett heard audio recordings of phone conversations between MacPherson Anderson and the tenant supporting the tenant’s evidence. “MacPherson Anderson’s abusive comments directed at the tenant at this hearing also supports that such behaviour is entirely within MacPherson Anderson’s character.”

The effect of MacPherson Anderson’s behaviour on the tenant and her son was profound. “She was constantly on edge and fearful of what MacPherson Anderson might do next. The tenant suffers from anxiety and her son has ADHD and anxiety challenges.

She provided medical evidence to support the impact Macpherson Anderson’s belittling and nasty behaviour had. It was clearly untenable for her to remain in the tenancy,” says Merrett.

The tenant found temporary accommodation on 12 December. She emailed MacPherson Anderson and her son advising that she would leave on 20 December. She arranged with MacPherson Anderson’s son to complete the final inspection with him on 24 December.

MacPherson Anderson initially refused to allow the tenant to leave the tenancy on 20 December demanding that she give “90 days’ notice”. She then demanded the tenant be out of the premises by 5pm on 20 December.

At 5.08pm on that day, the tenant received a text message from MacPherson Anderson saying the locks were being changed and if she was not gone when MacPherson Anderson arrived at the premises, she would get the police to remove her.

MacPherson Anderson arrived at the premises at about 5.30pm. The tenant’s grandmother was at the premises alone at the time while the tenant took some of her belongings to her new accommodation.

The tenant’s grandmother phoned her saying MacPherson Anderson was threatening her and yelling at her to get off the property. Concerned for her grandmother’s safety, the tenant called the police. They were unable to dispatch anyone at the time but they spoke to the tenant’s grandmother, who had to lift her granddaughter’s remaining belongings from the house on her own into her car. At 6.22pm a locksmith was at the property to change the locks.

The tenant and her two friends, who had been helping her shift, arrived back at the premises four minutes later. They were met by MacPherson Anderson who began yelling at them to get off the property, calling them abusive names, and slamming the door into the tenant and her friend. The tenant produced video evidence of the confrontation.

Merrett had no hesitation in finding MacPherson Anderson’s behaviour towards the tenant after 3 December also interfered with her right to quiet enjoyment of the tenancy and she was entitled to compensation.

“Her actions after 3 December are particularly troubling and were clearly intended to intimidate and belittle the tenant.”

The tenant was awarded $5,500 in compensation for the breach of her right to quiet enjoyment for the period 3 December to 20 December. Merrett also found MacPherson Anderson’s behaviour after 3 December was harassment.

“The tenant referred in evidence to a previous tribunal order made against MacPherson Anderson in February 2021. She was ordered to pay exemplary damages for harassment of two tenants at another tenancy she owned. Clearly the award did not deter MacPherson Anderson, and this is a significant aggravating feature of this case.”

The tenant was awarded $2,200 in exemplary damages, with Merrett saying MacPherson Anderson does not appear to understand her behaviour towards her tenants is entirely inappropriate, “I strongly advise her to consider having someone else manage her tenancies on her behalf.”

She was also ordered to pay $150 in exemplary damages for not supplying an insulation statement, $75 for not supplying an insurance statement, $75 for not supplying a healthy hones statement, $40 for not supplying a rent statement and a refund the $1,350 bond.