What was Tenancy Tribunal case 4586997 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4586997?

Compensation: $2,500.00 awarded to tenant; Property Damage: $2,000.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4586997?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4586997?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9363150-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4586997 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4586997?

Compensation: $2,500.00 awarded to tenant; Property Damage: $2,000.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4586997?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4586997?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9363150-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4586997 — Exemplary damages

Claims and awards in Tenancy Tribunal application 4586997 — net $5,080.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation – Loss of Amenity	$2,500.00	Compensation – Loss of Amenity
Exemplary damages	$2,000.00	Exemplary damages
Reimburse Bond	$560.00	Reimburse Bond
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,080.44
Total payable by Landlord to Tenant	$5,080.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
Paul Williams must pay [The tenant/s] $5,080.44 immediately. DescriptionTenant Compensation – Loss of Amenity$2,500.00 Exemplary damages$2,000.00 Reimburse Bond$560.00 Filing fee reimbursement$20.44 Total award$5,080.44 Total payable by Landlord to Tenant$5,080.44

Reasons

The tenant attended the hearing. Mr Williams did not attend.
This application was heard with three related applications regarding the same property. The premises were rented on a room-by-room basis, but this was not a boarding house. None of the tenant’s room were recorded on the tenancy agreements. On the face of each agreement each tenant was entitled to possession of the entire property; there were no restrictions on the use of the property recorded in the agreements.
This tenancy began in September 2019 and ended in June 2023.
The tenant claims that Mr Williams has breached his obligations as landlord by failing to lodge the bond, failing to provide correct information with Tenancy Agreement, breaching the tenant’s right to quiet enjoyment, converting a garage area to a sleepout thereby removing bike and other storage at the property, issuing invalid or retaliatory notices to terminate the tenancy. Relevant Provisions of the Residential Tenancies Act
A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.
A landlord must include a signed statement in the tenancy agreement that provides the following information: a. whether or not insulation is installed in any ceilings, walls and floors, and b. details of the location, type and condition of all insulation installed. See section 13A(1A) Residential Tenancies Act 1986.
Alternatively, if the landlord is unable to provide some or all of the information required, they must include a statement explaining what information cannot be obtained, why it cannot be, and that all reasonable efforts have been made to do so. See section 13A(1B) and (1C) Residential Tenancies Act 1986.
Breaching these obligations is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $750.00. See section 13(1F)(a) and Schedule 1A Residential Tenancies Act 1986.
A tenant can request the landlord to provide a copy of any insurance policy which relates to the tenant’s liability for destruction of, or damage to, the premises. The landlord must provide a copy of the policy within a reasonable time. The landlord must notify the tenant of any changes to the information provided, or if the premises are no longer insured. See s 45(2B) and (2C) Residential Tenancies Act 1986.
Breaching any of these obligations is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $900.00. See section 45(2D) and Schedule 1A RTA.
A landlord may not enter the premises during the tenancy except with the tenant's consent, in an emergency, or after giving the required notice for inspections and repairs and maintenance. See section 48(1) and (2) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 48 (4)(a) and Schedule 1A Residential Tenancies Act 1986.
A landlord must not interfere with the reasonable peace, comfort or privacy of the tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986.
Breaching this obligation in circumstances that amount to harassment is an unlawful act for which exemplary damages may be awarded up to a maximum of $3,000.00. See section 38(3) and Schedule 1A RTA. Harassment means "to trouble, worry or distress" or "to wear out, tire, or exhaust" and "indicates a particular pattern of behaviour directed towards another person". MacDonald v Dodds, CIV-2009-019-001524, DC Hamilton, 26 February 2010.
Under Section 60AA a landlord must not give a notice to terminate the tenancy or apply to the Tribunal for such an order, knowing they are not entitled to do so.
Breaching any of these obligations without a reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $6500.00. See section 60AA and Schedule 1A Residential Tenancies Act 1986.
Giving a termination notice which is declared to be retaliatory is an unlawful act for which exemplary damages may be awarded, up to a maximum of $6,500.00. See section 54(2), (3) and Schedule 1A Residential Tenancies Act 1986. Tenant’s Evidence
I heard evidence from the tenant and the tenants of the related tenancies. I received copies of documents, including email exchanges between the landlord and tenants which supported the oral evidence. Mr Williams did not attend the hearing, so the tenant’s evidence was not challenged and was corroborated by email exchanges with the landlord.
The evidence establishes that Mr Williams: a. Did not lodge the bond withing 23 working days of the tenancy starting, or at all. b. Did not provide the tenant with insurance, insulation or Healthy Homes Statements. c. Entered the premises without consent or notice and interfered with the reasonable peace and quiet of the tenant in his use of the premises. d. Attempted to terminate the tenancy without grounds to do so.
During the tenancy, Mr Williams decided that he would convert a garage at the property and move into it. The tenant (and related tenant’s) opposed that proposal. Mr Williams went ahead anyway. The construction took some time with Mr Williams and various contractors coming and going form the property as suited them.
Mr Williams did not believe that moving into the sleep out would breach the tenant’s quiet enjoyment.
Correspondence from Mr Williams to the tenants shows a complete disregard for the tenant’s rights and Mr William’s obligations as landlord. That is especially clear in relation to attempts to terminate the tenancy and construction work to create a sleep out in the garage during the tenancy.
I have set out the evidence Mr Williams’ attempts to terminate the tenancy in some detail below. a. On April 24th the landlord sent a notice to vacate with 42 days notice, because the premises were now required as the principal place of residence for the owner b. On May 7th the tenant raised several issues with the termination notice, including: i. the minimum notice period for termination was 63 days. ii. The landlord had advised that he was terminating the tenancy to renovate so he should have given 90 days notice. iii. Two other tenants were on fixed term tenancies which expired in September, so the landlord could not evict them until then. iv. If he could not evict two of the tenants, then his purpose in evicting other tenants did not make sense. c. On the 22nd of May, Mr Williams responded, confirming that all current tenants can remain, until the 14th of September. However, he stated that he intended to move into the garage sleep out in 11 days, on the 2nd of June. d. The 22 May email said that, if the tenant finds the situation unsatisfactory, the landlord can force him to vacate on 26th of June. Effectively the landlord was threatening to reinstate the notice issued on 24 April. e. The tenants were unsure of their rights so made an application to the Tribunal. Mr Williams responded by advising this tenant that his tenancy end date had been “extended” to 26 June 2023.
I find that Mr Williams did not have proper grounds for terminating the tenancy and acted in a retaliatory manner by attempting to reinstate the 24 April termination notice.
During June Mr Williams moved into the sleep out in the garage. He was at the property, interfering with the tenant’s quiet enjoyment including destroying a vegetable garden and using a weed eater outside bedroom windows when tenants were sleeping.
In frustration and, believing he had no other option, the tenant moved from the property on 26 June. Outcome
The landlord has committed multiple breaches of the RTA and committed unlawful acts in relation to this tenancy, as summarised at para 20 above.
The tenant’s enjoyment of the property was diminished by Mr Williams actions over a long period of time. Mr Williams moving on to the property was the ultimate interference with the tenant’s quiet enjoyment. Overall Mr Williams conduct towards the tenant amounted to harassment.
Correspondence from Mr Williams to the tenant demonstrates a lack of insight into a landlord’s obligations. Mr Williams had no regard to the tenant’s rights, even when advised of the requirements for terminating a tenancy. In find that his actions were intentional and deliberate.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
I award this tenant $560 reimbursement of the bond held by the landlord. I also award compensation of $2,500 for loss of amenity as a result of the landlord’s breaches and exemplary damages of $2,000 for the multiple (and overlapping) unlawful acts. The amounts would have been higher, but I have taken account of the fact that similar awards have been made in respect of the related tenancies.
As the tenant was the successful party I have awarded reimbursement of the filing fee and granted his request for suppression.

Claims and awards in Tenancy Tribunal application 4586997 — net $5,080.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation – Loss of Amenity	$2,500.00	Compensation – Loss of Amenity
Exemplary damages	$2,000.00	Exemplary damages
Reimburse Bond	$560.00	Reimburse Bond
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,080.44
Total payable by Landlord to Tenant	$5,080.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
Paul Williams must pay [The tenant/s] $5,080.44 immediately. DescriptionTenant Compensation – Loss of Amenity$2,500.00 Exemplary damages$2,000.00 Reimburse Bond$560.00 Filing fee reimbursement$20.44 Total award$5,080.44 Total payable by Landlord to Tenant$5,080.44

Reasons

The tenant attended the hearing. Mr Williams did not attend.
This application was heard with three related applications regarding the same property. The premises were rented on a room-by-room basis, but this was not a boarding house. None of the tenant’s room were recorded on the tenancy agreements. On the face of each agreement each tenant was entitled to possession of the entire property; there were no restrictions on the use of the property recorded in the agreements.
This tenancy began in September 2019 and ended in June 2023.
The tenant claims that Mr Williams has breached his obligations as landlord by failing to lodge the bond, failing to provide correct information with Tenancy Agreement, breaching the tenant’s right to quiet enjoyment, converting a garage area to a sleepout thereby removing bike and other storage at the property, issuing invalid or retaliatory notices to terminate the tenancy. Relevant Provisions of the Residential Tenancies Act
A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.
A landlord must include a signed statement in the tenancy agreement that provides the following information: a. whether or not insulation is installed in any ceilings, walls and floors, and b. details of the location, type and condition of all insulation installed. See section 13A(1A) Residential Tenancies Act 1986.
Alternatively, if the landlord is unable to provide some or all of the information required, they must include a statement explaining what information cannot be obtained, why it cannot be, and that all reasonable efforts have been made to do so. See section 13A(1B) and (1C) Residential Tenancies Act 1986.
Breaching these obligations is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $750.00. See section 13(1F)(a) and Schedule 1A Residential Tenancies Act 1986.
A tenant can request the landlord to provide a copy of any insurance policy which relates to the tenant’s liability for destruction of, or damage to, the premises. The landlord must provide a copy of the policy within a reasonable time. The landlord must notify the tenant of any changes to the information provided, or if the premises are no longer insured. See s 45(2B) and (2C) Residential Tenancies Act 1986.
Breaching any of these obligations is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $900.00. See section 45(2D) and Schedule 1A RTA.
A landlord may not enter the premises during the tenancy except with the tenant's consent, in an emergency, or after giving the required notice for inspections and repairs and maintenance. See section 48(1) and (2) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 48 (4)(a) and Schedule 1A Residential Tenancies Act 1986.
A landlord must not interfere with the reasonable peace, comfort or privacy of the tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986.
Breaching this obligation in circumstances that amount to harassment is an unlawful act for which exemplary damages may be awarded up to a maximum of $3,000.00. See section 38(3) and Schedule 1A RTA. Harassment means "to trouble, worry or distress" or "to wear out, tire, or exhaust" and "indicates a particular pattern of behaviour directed towards another person". MacDonald v Dodds, CIV-2009-019-001524, DC Hamilton, 26 February 2010.
Under Section 60AA a landlord must not give a notice to terminate the tenancy or apply to the Tribunal for such an order, knowing they are not entitled to do so.
Breaching any of these obligations without a reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $6500.00. See section 60AA and Schedule 1A Residential Tenancies Act 1986.
Giving a termination notice which is declared to be retaliatory is an unlawful act for which exemplary damages may be awarded, up to a maximum of $6,500.00. See section 54(2), (3) and Schedule 1A Residential Tenancies Act 1986. Tenant’s Evidence
I heard evidence from the tenant and the tenants of the related tenancies. I received copies of documents, including email exchanges between the landlord and tenants which supported the oral evidence. Mr Williams did not attend the hearing, so the tenant’s evidence was not challenged and was corroborated by email exchanges with the landlord.
The evidence establishes that Mr Williams: a. Did not lodge the bond withing 23 working days of the tenancy starting, or at all. b. Did not provide the tenant with insurance, insulation or Healthy Homes Statements. c. Entered the premises without consent or notice and interfered with the reasonable peace and quiet of the tenant in his use of the premises. d. Attempted to terminate the tenancy without grounds to do so.
During the tenancy, Mr Williams decided that he would convert a garage at the property and move into it. The tenant (and related tenant’s) opposed that proposal. Mr Williams went ahead anyway. The construction took some time with Mr Williams and various contractors coming and going form the property as suited them.
Mr Williams did not believe that moving into the sleep out would breach the tenant’s quiet enjoyment.
Correspondence from Mr Williams to the tenants shows a complete disregard for the tenant’s rights and Mr William’s obligations as landlord. That is especially clear in relation to attempts to terminate the tenancy and construction work to create a sleep out in the garage during the tenancy.
I have set out the evidence Mr Williams’ attempts to terminate the tenancy in some detail below. a. On April 24th the landlord sent a notice to vacate with 42 days notice, because the premises were now required as the principal place of residence for the owner b. On May 7th the tenant raised several issues with the termination notice, including: i. the minimum notice period for termination was 63 days. ii. The landlord had advised that he was terminating the tenancy to renovate so he should have given 90 days notice. iii. Two other tenants were on fixed term tenancies which expired in September, so the landlord could not evict them until then. iv. If he could not evict two of the tenants, then his purpose in evicting other tenants did not make sense. c. On the 22nd of May, Mr Williams responded, confirming that all current tenants can remain, until the 14th of September. However, he stated that he intended to move into the garage sleep out in 11 days, on the 2nd of June. d. The 22 May email said that, if the tenant finds the situation unsatisfactory, the landlord can force him to vacate on 26th of June. Effectively the landlord was threatening to reinstate the notice issued on 24 April. e. The tenants were unsure of their rights so made an application to the Tribunal. Mr Williams responded by advising this tenant that his tenancy end date had been “extended” to 26 June 2023.
I find that Mr Williams did not have proper grounds for terminating the tenancy and acted in a retaliatory manner by attempting to reinstate the 24 April termination notice.
During June Mr Williams moved into the sleep out in the garage. He was at the property, interfering with the tenant’s quiet enjoyment including destroying a vegetable garden and using a weed eater outside bedroom windows when tenants were sleeping.
In frustration and, believing he had no other option, the tenant moved from the property on 26 June. Outcome
The landlord has committed multiple breaches of the RTA and committed unlawful acts in relation to this tenancy, as summarised at para 20 above.
The tenant’s enjoyment of the property was diminished by Mr Williams actions over a long period of time. Mr Williams moving on to the property was the ultimate interference with the tenant’s quiet enjoyment. Overall Mr Williams conduct towards the tenant amounted to harassment.
Correspondence from Mr Williams to the tenant demonstrates a lack of insight into a landlord’s obligations. Mr Williams had no regard to the tenant’s rights, even when advised of the requirements for terminating a tenancy. In find that his actions were intentional and deliberate.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
I award this tenant $560 reimbursement of the bond held by the landlord. I also award compensation of $2,500 for loss of amenity as a result of the landlord’s breaches and exemplary damages of $2,000 for the multiple (and overlapping) unlawful acts. The amounts would have been higher, but I have taken account of the fact that similar awards have been made in respect of the related tenancies.
As the tenant was the successful party I have awarded reimbursement of the filing fee and granted his request for suppression.

Tenancy Tribunal case 4586997 — Exemplary damages

At a glance

Tenancy Tribunal case 4586997 — Exemplary damages

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions