Member Rosser Mis-Citing Legislation

Below is the exchange between MEMBER ROSSER and JOE STOJSIC (landlord) and his mother (also landlord) ANA STOJSIC in the Hearing on 4th May 2011, regarding RT 10/56631.

MEMBER ROSSER: [The landlord] is not entitled to compensation for personal injury - not at all.

JOE STOJSIC: Well, what is "non-economic loss"?

MEMBER ROSSER: Non-Economic loss can be... things such as stress, disappointment and inconvenience but it is only a tenant who is entitled to that.

So Member Rosser claims only the tenant (not the landlord) is allowed compensation for non-economic compensation thus displaying ignorance of
Section 12(2)(d)(iii) of the Residential Tenancies Act 1987 (which applied at the time of the incident) which states that

The Tribunal may, on application by a person under this section, make ...
an order as to compensation, including (without limiting the Tribunal’s power to make such an order):
compensation for any ... breach of the residential tenancy agreement

Even current legislation contradicts her in section 187(b) of The Residential Tenancies Act 2010

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