Appeal Tenancy Tribunal — rent arrears — water arrears — breach of right to quiet enjoyment — appointing an agent while overseas — property construction — Residential Tenancies Act 1986, s 38. The appellant appealed a Tenancy Tribunal decision in which he was ordered to pay the respondent $1243.32. The appellant was developing the rear property on which the respondent and his family was a tenant. In the tribunal hearing, the appellant sought rent and water arrears while the respondent had a cross-application for reimbursement for water and power charges, damages for breaching the respondent's quiet enjoyment and for the appellant's failure to appoint a local agent while overseas. The adjudicator acknowledged rent arrears of $612.86 and awarded the tenant (respondent) $100 for the landlord's failure to the appoint an agent while overseas and $200 as a contribution to power used in the construction by the landlord. The Judge also granted $1000 damages for breach of quiet enjoyment due to the construction. Although the landlord had reduced the rent by $70 per week to allow for disruption, the loss of internet for four days, and the loss of power and water use were not sufficiently covered by the rent reduction and justified the award. The Judge found the appellant failed to identify an error in the adjudicator's calculations and therefore dismissed the appeal. Date Yang v Francis [2019] NZDC 7897 Appeal Tenancy Tribunal — rent arrears — water arrears — breach of right to quiet enjoyment — appointing an agent while overseas — property construction — Residential Tenancies Act 1986, s 38. The appellant appealed a Tenancy Tribunal decision in which he was ordered to pay the respondent $1243.32. The appellant was developing the rear property on which the respondent and his family were tenants. In the tribunal hearing, the appellant sought rent and water arrears while the respondent had a cross-application for reimbursement for water and power charges, damages for breaching the respondent's quiet enjoyment and for the appellant's failure to appoint a local agent while overseas. The adjudicator acknowledged rent arrears of $612.86 and awarded the tenant (respondent) $100 for the landlord's failure to the appoint an agent while overseas and $200 as a contribution to power used in the construction by the landlord. The Judge also granted $1000 damages for breach of quiet enjoyment due to the construction. Although the landlord had reduced the rent by $70 per week to allow for disruption, the loss of internet for four days, and the loss of power and water use were not sufficiently covered by the rent reduction and justified the award. The Judge found the appellant failed to identify an error in the adjudicator's calculations and therefore dismissed the appeal. Judgment Date: 1 May 2019.