🏠 WHEN GOOD INTENTIONS CROSS THE LINE: A REAL TRIBUNAL CASE ON QUIET ENJOYMENT

Patrick Rankin
Jul 12, 2025
2 min read

Updated: Jul 14, 2025

It started with a well-meaning landlord who just wanted to make sure the property was being looked after. He’d stop by on weekends to mow the lawn. He’d check the taps, unannounced, “just in case.” He didn’t think he was doing anything wrong—after all, it’s his house, right? But to the tenant, it felt like surveillance. They started keeping the curtains closed. Friends stopped visiting. The landlord’s unexpected arrivals became so common, the tenant began leaving the back gate padlocked. Soon enough, things escalated—arguments at the door, raised voices, the power suddenly off one night.

By the time it reached the Tenancy Tribunal, the damage wasn’t just to the relationship—it was financial. The landlord was ordered to pay $1,500 in exemplary damages for breaching the tenant’s right to quiet enjoyment.

SO, WHAT EXACTLY IS “QUIET ENJOYMENT”?

The Residential Tenancies Act guarantees tenants the right to live in the property without interference. Section 38 of the RTA states:

“The tenant shall have quiet enjoyment of the premises without interruption by the landlord.”

This means:

No excessive contact
No turning up without notice
No shutting off services like water or electricity
No threats or intimidation—verbal or physical

When crossed, especially in ways that cause distress or feel like harassment, the Tribunal can award exemplary damages up to $3,000.

A REAL CASE: WHAT THE TRIBUNAL SAW

In one real decision, a landlord:

Turned off the power when upset about rent
Showed up banging on windows in the early hours
Argued with the tenant’s guests in the driveway

The Tribunal didn’t just find this annoying—it found it unlawful.

It ruled the landlord’s actions met the legal threshold for harassment and awarded the tenant $1,500 in damages.

WHAT LANDLORDS CAN LEARN

✅ Do:

Give at least 48 hours’ written notice before inspections (no more than once every 4 weeks)
Use text or email for communication unless urgent
Let the tenant live peacefully—set clear expectations in writing

❌ Don’t:

Pop by “just to check on things”
Show up uninvited or without agreement
Attempt to “manage behaviour” by controlling utilities or access

PROACTIVE LANDLORD TIPS

Respect their space — even if the property is yours, the tenancy gives the tenant legal possession
Set expectations early — explain how maintenance requests work, when inspections will be, and what issues warrant your contact
Record everything — if you feel there’s a genuine risk or emergency, document your actions clearly and factually

WHEN THINGS GO WRONG

Issue a 14-day Notice to Remedy if the tenant breaches the agreement
If you believe safety is at risk, consult Tenancy Services or legal support before acting
Avoid confrontation—escalation often leads to compensation orders