What was Tenancy Tribunal case 4993409 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 4993409?

Compensation: Rent overpayment from…: $192.86 awarded to tenant; Property Damage: $750.00 awarded to tenant; Property Damage: $750.00 awarded to tenant; Smoke Alarms: $750.00 awarded to tenant; Property Damage: $1,250.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 4993409?

The primary dispute was Exemplary damages. Related themes: Healthy homes.

Where can I read the official tribunal order for case 4993409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11301085-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4993409 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 4993409?

Compensation: Rent overpayment from…: $192.86 awarded to tenant; Property Damage: $750.00 awarded to tenant; Property Damage: $750.00 awarded to tenant; Smoke Alarms: $750.00 awarded to tenant; Property Damage: $1,250.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 4993409?

The primary dispute was Exemplary damages. Related themes: Healthy homes.

Where can I read the official tribunal order for case 4993409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11301085-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4993409 — Exemplary damages

Tenantcheck Insights

New Zealand Tenancy Tribunal Case 4993409 — Exemplary damages | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4993409 — net $3,719.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Rent overpayment from 31/12/24 to 02/01/25	$192.86	Rent overpayment from 31/12/24 to 02/01/25
Exemplary damages: Unlawful termination	$1,250.00	55. I am satisfied it would be just to require the landlords to pay $1,250.00 in exemplary damages because: ___________________________________________________…
Exemplary damages: Landlord failing to ensure tenancy agreement in writing, signed, and provided to tenant	$750.00	Landlord failing to ensure tenancy agreement in writing, signed, and provided to tenant
Exemplary damages: Landlord failing to ensure tenancy agreement includes certain information specified in section 13A(1	$750.00	Landlord failing to ensure tenancy agreement includes certain information specified in section 13A(1
Exemplary damages: Landlord failing to provide HHS, insurance and smoke alarm info in the tenancy agreement	$750.00	Landlord failing to provide HHS, insurance and smoke alarm info in the tenancy agreement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,719.86
Total payable by Landlord to Tenant	$3,719.86

Claims and awards for application 4993409 — net $3,719.86 NZD. Verify on MoJ.

Compensation: Rent overpayment from 31/12/24 to 02/01/25

Amount: $192.86
Awarded to: Tenant
Reason: Rent overpayment from 31/12/24 to 02/01/25

Exemplary damages: Unlawful termination

Amount: $1,250.00
Awarded to: Tenant
Reason: 55. I am satisfied it would be just to require the landlords to pay $1,250.00 in exemplary damages because: ___________________________________________________…

Exemplary damages: Landlord failing to ensure tenancy agreement in writing, signed, and provided to tenant

Amount: $750.00
Awarded to: Tenant
Reason: Landlord failing to ensure tenancy agreement in writing, signed, and provided to tenant

Exemplary damages: Landlord failing to ensure tenancy agreement includes certain information specified in section 13A(1

Amount: $750.00
Awarded to: Tenant
Reason: Landlord failing to ensure tenancy agreement includes certain information specified in section 13A(1

Exemplary damages: Landlord failing to provide HHS, insurance and smoke alarm info in the tenancy agreement

Claim types — money lines allowed on this order

Compensation Exemplary damages Replace Smoke Alarms Filing Fee

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
Donna Patterson and Keith Patterson must pay [The tenant] $3,719.86 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing on 14 January 2025.
The tenant applied for reimbursement of the filing fee and compensation and exemplary damages for: a. Discrimination; b. Failure to provide healthy homes, insurance and smoke alarm information in the tenancy agreement; c. Failure to provide the statutorily required information in the tenancy agreement; d. Breaches of his quiet enjoyment; e. Recovery of overpaid rent; and f. Attempt to terminate his tenancy without grounds.
The landlord applied for rent arrears and reimbursement of the filing fee.

TENANTS CLAIMS

Did the landlord provide the tenant with a written and signed tenancy agreement prior to the tenancy commencing?

The tenant claims the landlords have not ensured the tenancy agreement is in writing and/or did not sign the tenancy agreement and provide a copy to the tenant.
A landlord must ensure the tenancy agreement is in writing, signed and a copy provided to the tenant prior to the tenancy commencing. See section 13 Residential Tenancies Act 1986 (RTA).
Breaching this obligation is an unlawful act, for which the Tribunal may award exemplary damages up to a maximum of $750.00. See section 13(4) and Schedule 1A Residential Tenancies Act 1986.
The landlords confirmed they did not provide the tenant with a signed copy of the tenancy agreement before the tenancy commenced.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied that 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 am satisfied the landlords intentionally failed to provide the tenant with the required signed tenancy agreement, prescribed by sections 13 of the RTA, and it would be it would be just to require the landlord to pay a sum of $750.00 of exemplary damages (the maximum penalty available), because: a. The landlords should have reasonably known they had to comply with the s13 of the RTA and they did not; b. The tenant was entitled to rely on the landlords providing him with a statutorily compliant ad signed tenancy agreement before his tenancy commenced and they did not; c. It is in the interests of the tenant to be compensated for the landlord’s failure to provide a signed tenancy agreement to him before the tenancy commenced; and d. It is in the public interest to penalise landlord’s that intentionally breach the law and fail to provide signed tenancy agreements to tenants before the tenancy commences. Did the landlord provide the tenant with a written and signed tenancy agreement with the statutorily required information set out in s13 of the RTA?
The tenant claims the landlords have not ensured the tenancy agreement contains all the statutorily required information as set out in s13A(1) of the RTA.
A landlord must ensure the tenancy agreement includes the following minimum information: a. The full name and contact address of the landlord; and b. The landlord’s contact mobile telephone number (if any); and c. The landlord’s contact email address (if any); and d. The full name and contact address (where that is different from the address of the premises to which the agreement relates) of the tenant; and e. The tenant’s contact mobile telephone number (if any); and f. The tenant’s contact email address (if any); and g. The address of the premises; and h. The date of the tenancy agreement; and i. The date of commencement of the tenancy (where that is different from the date of the tenancy agreement); and j. The landlord’s address for service; and k. The tenant’s address for service; and l. Whether the tenant is under the age of 18; and m. The amount of any bond; and n. The rent payable; and o. The frequency of the rent payments; and p. The place or bank account number where the rent is to be paid; and q. A list of any chattels provided by the landlord; and r. If the tenancy is a fixed-term tenancy, the date on which the term will expire.
Breaching this obligation is an unlawful act, for which the Tribunal may award exemplary damages up to a maximum of $750.00. See section 13(4) and Schedule 1A Residential Tenancies Act 1986.
The landlords confirmed the tenancy agreement consisted of an email to the tenant, on 9 July 2023, confirming: a. The names of the landlords; b. The female landlord’s date of birth and confirmation she is an MSD supplier and has misplaced her registration number; c. The address of the tenancy; d. The address of the tenant’s prior rental property; e. The tenancy is periodic and starts on 18 July 2023; f. The rent is $450.00, and is inclusive of water, electricity, gas, and internet; g. The property is fully furnished; and h. The mobile phone numbers for the landlords and an email address.
I find the tenancy agreement does not contain all the statutorily required information and the landlords have committed an unlawful act.
I am satisfied the landlords intentionally failed to provide the tenant with the required information in the tenancy agreement, prescribed by sections 13A(1) of the RTA, and it would be it would be just to require the landlord to pay a sum of $750.00 of exemplary damages (the maximum penalty available), because: a. The landlords should have reasonably known they had to comply with the s13A(1) of the RTA and they did not; b. The tenant was entitled to rely on the landlords providing him with a statutorily compliant tenancy agreement before his tenancy commenced and they did not; c. It is in the interests of the tenant to be compensated for the landlord’s failure to provide the required information in the tenancy agreement; and d. It is in the public interest to penalise landlord’s that intentionally breach the law and fail to provide the required information in the tenancy agreement. Did the landlord provide the tenant with healthy homes standards information, insurance information and smoke alarm information in the tenancy agreement?
The tenants claim that the landlord has breached its obligations under section 13A(1CA) and (2) of the Residential Tenancies Act 1986.
Under section 13A(1CA), a landlord must include in the tenancy agreement a statement, made and signed by the landlord, that, on and after the commencement of the tenancy, the landlord will comply with the healthy homes standards as required by section 45(1)(bb) or 66I(1)(bb) (as the case may be); and including the information (if any) prescribed by regulations under section 138B(5). The Residential Tenancies (Healthy Homes Standards) Regulations 2019 require that the landlord provides a statement in each tenancy agreement that confirms that the premises complies with each of the healthy homes standards or why the premises are subject to any lawful exemptions.
The requirement that the landlord’s statements under 13A(1CA) be signed by the landlord is in addition to the requirement under section 13(1) that the landlord sign the tenancy agreement.
Alternatively, if the landlord is unable to provide some or all of the healthy homes and smoke alarm 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
Under s13A(2) of the RTA, a landlord must also include insurance information in the tenancy agreement to notify the tenant whether the premise is insured and if it is, a statement setting out, for each insurance policy that is relevant to the tenant’s liability for destruction of or damage to the premises, the amount of each excess that is relevant (if any) to that liability; and informing the tenant that a copy of the policy is available to the tenant on request (except that the statement need not inform the tenant of this if the landlord has already provided to the tenant a copy of the policy in accordance with section 45(2B) or 66J(5)).
Breaching the landlord’s s13A(1CA) and/or (2) obligations without a reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $750.00. See section 13A(11F)(a) and Schedule 1A Residential Tenancies Act 1986.
The tenancy agreement commenced on 18 July 2023, and was legally required to contain insurance and healthy homes statements on all five of the healthy homes standards, being insulation, ventilation, moisture ingress and drainage, draught stopping and heating and it also was required to provide smoke alarm numbers, where they are located, when they were last tested and date they are due for replacement. The tenants’ tenancy agreement did not contain any of this information.
The landlords says they did not provide this information as they were unaware until yesterday that they had to.
I find the landlords have committed an unlawful act.
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 am satisfied the landlord intentionally failed to provide the tenant with the required completed and signed healthy homes statements, insurance and smoke alarm information prescribed by sections 13A(1CA),45(1)(bb), 45(1)(c) and 13A(2) of the RTA, and it would be it would be just to require the landlord to pay a sum in the nature of $750.00 of exemplary damages (the maximum penalty available), because: a. The landlords should have reasonably known they had to comply with the Residential Tenancies (Healthy Homes Standards) Regulations 2019 and Smoke Alarm Regulations and the insurance statement requirements set out in the RTA and intentionally did not; b. The impact on the tenant of the landlords not providing this information is that he took on the tenancy for a premise not knowing if it complied with the Smoke Alarm Regulations and HHS and was unable to review any healthy homes assessment report or compliance certificate to have confidence that the home he was renting was fully compliant or would be fully compliant within 120 days of his tenancy commencing. He was also unaware if the premise was insured for tenant related damage and what the excess would be for intentional or careless damage; c. It is in the interests of the tenant to be compensated for the landlord’s failure to provide signed proof to the tenants that the rental premises meet all the healthy homes standards and the smoke alarm regulations and if the landlord held tenant, contents or house insurance; d. It is in the public interest to penalise landlord’s that intentionally breach the law and fail to provide signed healthy homes standards statements that meet the requirements set out in the Residential Tenancies Act 1986 and the Residential Tenancies (Healthy Homes Standards) Regulations 2019 and the smoke alarm regulations and the other statutorily required information about insurance.

Has the tenant overpaid rent?

The landlords did not provided a rent summary but the parties agreed the tenant gave notice on 17 December 2024 and paid rent on 19 December 2024 to 2 January 2025.
The notice period ended on 30 December 2024, therefore the tenant is owed the overpaid rent of $192.86 for the three days rent he overpaid. Breach of quiet enjoyment
The tenant claims the landlords have harassed him and breached his quiet enjoyment.
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.
The landlords confirmed the property is one acre and has a main house, a cottage, and two retro caravans that are away from the main house that are rented out on Airbnb all the time. Their eldest son resides in the downstairs area of the main house and their younger son lives in a sound proofed garage where he sleeps and plays his drums.
The landlords say their one-acre property is being landscaped and maintained constantly and after cyclone Gabrielle there a slip that was repaired over the period of about two weeks. Some earthworks were being done as part of these repairs and three trucks came into the premise on a few days to bring in fill for the repair. The fill was moved by a small digger. The landlord says the property is generally very peaceful and quiet and there was no breach of the tenant’s quiet enjoyment.
The tenant says there was significant noise every now and again at night and on the weekends from guitars, drums, shouting and laughing and the punch bag work the landlord’s younger son undertook in the garage behind the tenant’s cottage. He also says the ride on mower and weed eater and earth works trucks and diggers interfered with his ability to have afternoon sleeps and to enjoy peace and quiet at night.
The landlords say they let the retro caravans out through Airbnb on a regular basis and have five-star reviews. They say they would not have these reviews if the landlords sons were making so much noise all the time and the work on the property created constant loud noise.
I am not satisfied that the tenant has met the burden of proof on the balance of probabilities that the noise was so frequent and of such a nature that it breached his quiet enjoyment. The evidence suggests the noises the tenant complained of were those associated with living in close proximity to young men that played instruments from time to time and worked out in the garage after work. The evidence also suggest the landscaping noise was what I would consider to be normal noises a party would expect to hear when living on a property where the owner and other persons also live and have grounds to care for.
The tenant’s claim for exemplary damages for breaches of quiet enjoyment are dismissed for lack of proof to support this claim. Discrimination
The tenant claims that the landlord discriminated against him.
A landlord must not discriminate against a tenant in relation to the grant, renewal, variation or termination of a tenancy, in contravention of the Human Rights Act 1999. See sections 12(1) and 109(3) Residential Tenancies Act 1986.
Section 21 of the Human Rights Act specifies the prohibited grounds of discrimination, which include sex, marital status, religious or ethical belief, race or ethnicity, disability, age, political opinion, employment status, family status, and sexual orientation.
Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $6,500.00. See section 12(1) and Schedule 1A Residential Tenancies Act 1986.
The tenant was unable to produce any evidence to support this claim and as such it is dismissed.

Did the landlord attempt to terminate the tenancy without grounds?

Section 60AA of the RTA states “a landlord commits an unlawful act if they give or purport to give a notice to terminate to the tenant or apply or purport to apply to the Tribunal for an order terminating the tenancy knowing that they are not entitled, under this Act, to give the notice or to make the application”.
Section 51(3) of the RTA confirms “every notice to terminate a tenancy shall be in writing; identify the premises to which it relates, specify the date by which the tenant is to vacate the premises and be signed by the party giving the notice, or by that party’s agent”.
The tenant says on 15 December 2024, in retaliation to him making a noise complaint, the landlord told him to piss off and find somewhere else to live and he took that as being given verbal notice that he had to move out within two weeks, as provided for in the email-based tenancy agreement. He says he immediately started to look for a new place to live.
The landlords confirmed that they did intend the tenancy to come to end when on 15 December 2024 they told the tenant that if he was “not happy living there he could piss off” and move on. They say they qualified that by saying he could take as long as he needed to find somewhere else to live, but they were clear in the evidence they gave to the Tribunal that the tenant needed to find somewhere else to live as his complaints suggested he was unhappy living in the cottage, and they were fed up listening to his complaints.
An email was sent following up that conversation that confirms the tenant was told to “piss off” by the landlord.
The tenant says because he understood that he was required to go, and the landlord had failed to confirm this oral termination of the tenancy in writing, he thought he had to confirm that he was leaving in writing. As such, he gave 14 days’ written notice on 17 December 2024, as he was actively seeking new accommodation. He confirms he moved out on 22 December 2024 as he knew the landlords did not want him there and had been engaging in communications wit him that made him feel discriminated against on the basis of his age.
I am satisfied that, while the landlord did not give the tenant formal written notice terminating the tenancy, the landlords have verbally purported to give the tenant notice without grounds in retaliation to his ongoing complaints and that in doing so they meant for the tenant to find somewhere else to live as they were tired of him making noise and other complaints and perceived him to be a nuisance.
I am also that the landlords failed to provide this notice to the tenant in writing with a specified date that he was required to leave by and with their signature on it.
I find the landlords have committed an unlawful act.
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.
Schedule 1A of the RTA provides for exemplary damages up to a maximum of $6,500.00 to be awarded for a landlord acting to terminate a tenancy without grounds.
I am satisfied it would be just to require the landlords to pay $1,250.00 in exemplary damages because: a. The landlords gave verbal notice to the tenant purporting to end the tenancy in retaliation for the tenant trying to uphold his rights by raising his concerns about things that he found to be impacting on his ability to live in a peaceful environment where he could tap afternoon naps; b. The tenant suffered the stress and inconvenience of having to find somewhere else to live very close to Christmas and to move house when he was not expecting to have to do so; c. It is in the interests of the tenant to receive exemplary damages for the stress and inconvenience suffered; and d. It is in the public interest for landlords to be penalised as a disincentive to breaching their obligations to provide lawful notice to a tenant in writing and not to purport to give notice verbally out of frustration and retaliation. LANDLORD’S CLAIMS

Should the landlord be able to retain all of the rent paid on 19 December 2024?

The landlord applied to retain all the rent paid by the tenant on 19 December 2024.
The landlord did not provide a rent summary or any other proof that they were entitled legally to retain the rent paid to 2 January 2025.
The tenant proved he was owed three days rent, and this overpayment of rent has been ordered to be repaid to him.
The landlords claim to retain all the rent paid to them on 19 December 2024 is dismissed for failure to prove the claim on the balance of probabilities.

OTHER ORDERS

Reimbursement of filing fee

Because the tenant has substantially succeeded with his claims, I have reimbursed the filing fee.
The landlords have not wholly or substantially succeeded with their claims so their application for reimbursement of the filing fee is dismissed. Name suppression
The tenant applies for non-publication of his name and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The tenant has substantially succeeded in his proceedings, and I do not consider publication is in the public interest or justified because of the tenant’s conduct.
Non-publication is ordered.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4993409 — net $3,719.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Rent overpayment from 31/12/24 to 02/01/25	$192.86	Rent overpayment from 31/12/24 to 02/01/25
Exemplary damages: Unlawful termination	$1,250.00	55. I am satisfied it would be just to require the landlords to pay $1,250.00 in exemplary damages because: ___________________________________________________…
Exemplary damages: Landlord failing to ensure tenancy agreement in writing, signed, and provided to tenant	$750.00	Landlord failing to ensure tenancy agreement in writing, signed, and provided to tenant
Exemplary damages: Landlord failing to ensure tenancy agreement includes certain information specified in section 13A(1	$750.00	Landlord failing to ensure tenancy agreement includes certain information specified in section 13A(1
Exemplary damages: Landlord failing to provide HHS, insurance and smoke alarm info in the tenancy agreement	$750.00	Landlord failing to provide HHS, insurance and smoke alarm info in the tenancy agreement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,719.86
Total payable by Landlord to Tenant	$3,719.86

Claims and awards for application 4993409 — net $3,719.86 NZD. Verify on MoJ.

Compensation: Rent overpayment from 31/12/24 to 02/01/25

Amount: $192.86
Awarded to: Tenant
Reason: Rent overpayment from 31/12/24 to 02/01/25

Exemplary damages: Unlawful termination

Amount: $1,250.00
Awarded to: Tenant
Reason: 55. I am satisfied it would be just to require the landlords to pay $1,250.00 in exemplary damages because: ___________________________________________________…

Exemplary damages: Landlord failing to ensure tenancy agreement in writing, signed, and provided to tenant

Amount: $750.00
Awarded to: Tenant
Reason: Landlord failing to ensure tenancy agreement in writing, signed, and provided to tenant

Exemplary damages: Landlord failing to ensure tenancy agreement includes certain information specified in section 13A(1

Amount: $750.00
Awarded to: Tenant
Reason: Landlord failing to ensure tenancy agreement includes certain information specified in section 13A(1

Exemplary damages: Landlord failing to provide HHS, insurance and smoke alarm info in the tenancy agreement

Claim types — money lines allowed on this order

Compensation Exemplary damages Replace Smoke Alarms Filing Fee

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
Donna Patterson and Keith Patterson must pay [The tenant] $3,719.86 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing on 14 January 2025.
The tenant applied for reimbursement of the filing fee and compensation and exemplary damages for: a. Discrimination; b. Failure to provide healthy homes, insurance and smoke alarm information in the tenancy agreement; c. Failure to provide the statutorily required information in the tenancy agreement; d. Breaches of his quiet enjoyment; e. Recovery of overpaid rent; and f. Attempt to terminate his tenancy without grounds.
The landlord applied for rent arrears and reimbursement of the filing fee.

TENANTS CLAIMS

Did the landlord provide the tenant with a written and signed tenancy agreement prior to the tenancy commencing?

The tenant claims the landlords have not ensured the tenancy agreement is in writing and/or did not sign the tenancy agreement and provide a copy to the tenant.
A landlord must ensure the tenancy agreement is in writing, signed and a copy provided to the tenant prior to the tenancy commencing. See section 13 Residential Tenancies Act 1986 (RTA).
Breaching this obligation is an unlawful act, for which the Tribunal may award exemplary damages up to a maximum of $750.00. See section 13(4) and Schedule 1A Residential Tenancies Act 1986.
The landlords confirmed they did not provide the tenant with a signed copy of the tenancy agreement before the tenancy commenced.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied that 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 am satisfied the landlords intentionally failed to provide the tenant with the required signed tenancy agreement, prescribed by sections 13 of the RTA, and it would be it would be just to require the landlord to pay a sum of $750.00 of exemplary damages (the maximum penalty available), because: a. The landlords should have reasonably known they had to comply with the s13 of the RTA and they did not; b. The tenant was entitled to rely on the landlords providing him with a statutorily compliant ad signed tenancy agreement before his tenancy commenced and they did not; c. It is in the interests of the tenant to be compensated for the landlord’s failure to provide a signed tenancy agreement to him before the tenancy commenced; and d. It is in the public interest to penalise landlord’s that intentionally breach the law and fail to provide signed tenancy agreements to tenants before the tenancy commences. Did the landlord provide the tenant with a written and signed tenancy agreement with the statutorily required information set out in s13 of the RTA?
The tenant claims the landlords have not ensured the tenancy agreement contains all the statutorily required information as set out in s13A(1) of the RTA.
A landlord must ensure the tenancy agreement includes the following minimum information: a. The full name and contact address of the landlord; and b. The landlord’s contact mobile telephone number (if any); and c. The landlord’s contact email address (if any); and d. The full name and contact address (where that is different from the address of the premises to which the agreement relates) of the tenant; and e. The tenant’s contact mobile telephone number (if any); and f. The tenant’s contact email address (if any); and g. The address of the premises; and h. The date of the tenancy agreement; and i. The date of commencement of the tenancy (where that is different from the date of the tenancy agreement); and j. The landlord’s address for service; and k. The tenant’s address for service; and l. Whether the tenant is under the age of 18; and m. The amount of any bond; and n. The rent payable; and o. The frequency of the rent payments; and p. The place or bank account number where the rent is to be paid; and q. A list of any chattels provided by the landlord; and r. If the tenancy is a fixed-term tenancy, the date on which the term will expire.
Breaching this obligation is an unlawful act, for which the Tribunal may award exemplary damages up to a maximum of $750.00. See section 13(4) and Schedule 1A Residential Tenancies Act 1986.
The landlords confirmed the tenancy agreement consisted of an email to the tenant, on 9 July 2023, confirming: a. The names of the landlords; b. The female landlord’s date of birth and confirmation she is an MSD supplier and has misplaced her registration number; c. The address of the tenancy; d. The address of the tenant’s prior rental property; e. The tenancy is periodic and starts on 18 July 2023; f. The rent is $450.00, and is inclusive of water, electricity, gas, and internet; g. The property is fully furnished; and h. The mobile phone numbers for the landlords and an email address.
I find the tenancy agreement does not contain all the statutorily required information and the landlords have committed an unlawful act.
I am satisfied the landlords intentionally failed to provide the tenant with the required information in the tenancy agreement, prescribed by sections 13A(1) of the RTA, and it would be it would be just to require the landlord to pay a sum of $750.00 of exemplary damages (the maximum penalty available), because: a. The landlords should have reasonably known they had to comply with the s13A(1) of the RTA and they did not; b. The tenant was entitled to rely on the landlords providing him with a statutorily compliant tenancy agreement before his tenancy commenced and they did not; c. It is in the interests of the tenant to be compensated for the landlord’s failure to provide the required information in the tenancy agreement; and d. It is in the public interest to penalise landlord’s that intentionally breach the law and fail to provide the required information in the tenancy agreement. Did the landlord provide the tenant with healthy homes standards information, insurance information and smoke alarm information in the tenancy agreement?
The tenants claim that the landlord has breached its obligations under section 13A(1CA) and (2) of the Residential Tenancies Act 1986.
Under section 13A(1CA), a landlord must include in the tenancy agreement a statement, made and signed by the landlord, that, on and after the commencement of the tenancy, the landlord will comply with the healthy homes standards as required by section 45(1)(bb) or 66I(1)(bb) (as the case may be); and including the information (if any) prescribed by regulations under section 138B(5). The Residential Tenancies (Healthy Homes Standards) Regulations 2019 require that the landlord provides a statement in each tenancy agreement that confirms that the premises complies with each of the healthy homes standards or why the premises are subject to any lawful exemptions.
The requirement that the landlord’s statements under 13A(1CA) be signed by the landlord is in addition to the requirement under section 13(1) that the landlord sign the tenancy agreement.
Alternatively, if the landlord is unable to provide some or all of the healthy homes and smoke alarm 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
Under s13A(2) of the RTA, a landlord must also include insurance information in the tenancy agreement to notify the tenant whether the premise is insured and if it is, a statement setting out, for each insurance policy that is relevant to the tenant’s liability for destruction of or damage to the premises, the amount of each excess that is relevant (if any) to that liability; and informing the tenant that a copy of the policy is available to the tenant on request (except that the statement need not inform the tenant of this if the landlord has already provided to the tenant a copy of the policy in accordance with section 45(2B) or 66J(5)).
Breaching the landlord’s s13A(1CA) and/or (2) obligations without a reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $750.00. See section 13A(11F)(a) and Schedule 1A Residential Tenancies Act 1986.
The tenancy agreement commenced on 18 July 2023, and was legally required to contain insurance and healthy homes statements on all five of the healthy homes standards, being insulation, ventilation, moisture ingress and drainage, draught stopping and heating and it also was required to provide smoke alarm numbers, where they are located, when they were last tested and date they are due for replacement. The tenants’ tenancy agreement did not contain any of this information.
The landlords says they did not provide this information as they were unaware until yesterday that they had to.
I find the landlords have committed an unlawful act.
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 am satisfied the landlord intentionally failed to provide the tenant with the required completed and signed healthy homes statements, insurance and smoke alarm information prescribed by sections 13A(1CA),45(1)(bb), 45(1)(c) and 13A(2) of the RTA, and it would be it would be just to require the landlord to pay a sum in the nature of $750.00 of exemplary damages (the maximum penalty available), because: a. The landlords should have reasonably known they had to comply with the Residential Tenancies (Healthy Homes Standards) Regulations 2019 and Smoke Alarm Regulations and the insurance statement requirements set out in the RTA and intentionally did not; b. The impact on the tenant of the landlords not providing this information is that he took on the tenancy for a premise not knowing if it complied with the Smoke Alarm Regulations and HHS and was unable to review any healthy homes assessment report or compliance certificate to have confidence that the home he was renting was fully compliant or would be fully compliant within 120 days of his tenancy commencing. He was also unaware if the premise was insured for tenant related damage and what the excess would be for intentional or careless damage; c. It is in the interests of the tenant to be compensated for the landlord’s failure to provide signed proof to the tenants that the rental premises meet all the healthy homes standards and the smoke alarm regulations and if the landlord held tenant, contents or house insurance; d. It is in the public interest to penalise landlord’s that intentionally breach the law and fail to provide signed healthy homes standards statements that meet the requirements set out in the Residential Tenancies Act 1986 and the Residential Tenancies (Healthy Homes Standards) Regulations 2019 and the smoke alarm regulations and the other statutorily required information about insurance.

Has the tenant overpaid rent?

The landlords did not provided a rent summary but the parties agreed the tenant gave notice on 17 December 2024 and paid rent on 19 December 2024 to 2 January 2025.
The notice period ended on 30 December 2024, therefore the tenant is owed the overpaid rent of $192.86 for the three days rent he overpaid. Breach of quiet enjoyment
The tenant claims the landlords have harassed him and breached his quiet enjoyment.
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.
The landlords confirmed the property is one acre and has a main house, a cottage, and two retro caravans that are away from the main house that are rented out on Airbnb all the time. Their eldest son resides in the downstairs area of the main house and their younger son lives in a sound proofed garage where he sleeps and plays his drums.
The landlords say their one-acre property is being landscaped and maintained constantly and after cyclone Gabrielle there a slip that was repaired over the period of about two weeks. Some earthworks were being done as part of these repairs and three trucks came into the premise on a few days to bring in fill for the repair. The fill was moved by a small digger. The landlord says the property is generally very peaceful and quiet and there was no breach of the tenant’s quiet enjoyment.
The tenant says there was significant noise every now and again at night and on the weekends from guitars, drums, shouting and laughing and the punch bag work the landlord’s younger son undertook in the garage behind the tenant’s cottage. He also says the ride on mower and weed eater and earth works trucks and diggers interfered with his ability to have afternoon sleeps and to enjoy peace and quiet at night.
The landlords say they let the retro caravans out through Airbnb on a regular basis and have five-star reviews. They say they would not have these reviews if the landlords sons were making so much noise all the time and the work on the property created constant loud noise.
I am not satisfied that the tenant has met the burden of proof on the balance of probabilities that the noise was so frequent and of such a nature that it breached his quiet enjoyment. The evidence suggests the noises the tenant complained of were those associated with living in close proximity to young men that played instruments from time to time and worked out in the garage after work. The evidence also suggest the landscaping noise was what I would consider to be normal noises a party would expect to hear when living on a property where the owner and other persons also live and have grounds to care for.
The tenant’s claim for exemplary damages for breaches of quiet enjoyment are dismissed for lack of proof to support this claim. Discrimination
The tenant claims that the landlord discriminated against him.
A landlord must not discriminate against a tenant in relation to the grant, renewal, variation or termination of a tenancy, in contravention of the Human Rights Act 1999. See sections 12(1) and 109(3) Residential Tenancies Act 1986.
Section 21 of the Human Rights Act specifies the prohibited grounds of discrimination, which include sex, marital status, religious or ethical belief, race or ethnicity, disability, age, political opinion, employment status, family status, and sexual orientation.
Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $6,500.00. See section 12(1) and Schedule 1A Residential Tenancies Act 1986.
The tenant was unable to produce any evidence to support this claim and as such it is dismissed.

Did the landlord attempt to terminate the tenancy without grounds?

Section 60AA of the RTA states “a landlord commits an unlawful act if they give or purport to give a notice to terminate to the tenant or apply or purport to apply to the Tribunal for an order terminating the tenancy knowing that they are not entitled, under this Act, to give the notice or to make the application”.
Section 51(3) of the RTA confirms “every notice to terminate a tenancy shall be in writing; identify the premises to which it relates, specify the date by which the tenant is to vacate the premises and be signed by the party giving the notice, or by that party’s agent”.
The tenant says on 15 December 2024, in retaliation to him making a noise complaint, the landlord told him to piss off and find somewhere else to live and he took that as being given verbal notice that he had to move out within two weeks, as provided for in the email-based tenancy agreement. He says he immediately started to look for a new place to live.
The landlords confirmed that they did intend the tenancy to come to end when on 15 December 2024 they told the tenant that if he was “not happy living there he could piss off” and move on. They say they qualified that by saying he could take as long as he needed to find somewhere else to live, but they were clear in the evidence they gave to the Tribunal that the tenant needed to find somewhere else to live as his complaints suggested he was unhappy living in the cottage, and they were fed up listening to his complaints.
An email was sent following up that conversation that confirms the tenant was told to “piss off” by the landlord.
The tenant says because he understood that he was required to go, and the landlord had failed to confirm this oral termination of the tenancy in writing, he thought he had to confirm that he was leaving in writing. As such, he gave 14 days’ written notice on 17 December 2024, as he was actively seeking new accommodation. He confirms he moved out on 22 December 2024 as he knew the landlords did not want him there and had been engaging in communications wit him that made him feel discriminated against on the basis of his age.
I am satisfied that, while the landlord did not give the tenant formal written notice terminating the tenancy, the landlords have verbally purported to give the tenant notice without grounds in retaliation to his ongoing complaints and that in doing so they meant for the tenant to find somewhere else to live as they were tired of him making noise and other complaints and perceived him to be a nuisance.
I am also that the landlords failed to provide this notice to the tenant in writing with a specified date that he was required to leave by and with their signature on it.
I find the landlords have committed an unlawful act.
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.
Schedule 1A of the RTA provides for exemplary damages up to a maximum of $6,500.00 to be awarded for a landlord acting to terminate a tenancy without grounds.
I am satisfied it would be just to require the landlords to pay $1,250.00 in exemplary damages because: a. The landlords gave verbal notice to the tenant purporting to end the tenancy in retaliation for the tenant trying to uphold his rights by raising his concerns about things that he found to be impacting on his ability to live in a peaceful environment where he could tap afternoon naps; b. The tenant suffered the stress and inconvenience of having to find somewhere else to live very close to Christmas and to move house when he was not expecting to have to do so; c. It is in the interests of the tenant to receive exemplary damages for the stress and inconvenience suffered; and d. It is in the public interest for landlords to be penalised as a disincentive to breaching their obligations to provide lawful notice to a tenant in writing and not to purport to give notice verbally out of frustration and retaliation. LANDLORD’S CLAIMS

Should the landlord be able to retain all of the rent paid on 19 December 2024?

The landlord applied to retain all the rent paid by the tenant on 19 December 2024.
The landlord did not provide a rent summary or any other proof that they were entitled legally to retain the rent paid to 2 January 2025.
The tenant proved he was owed three days rent, and this overpayment of rent has been ordered to be repaid to him.
The landlords claim to retain all the rent paid to them on 19 December 2024 is dismissed for failure to prove the claim on the balance of probabilities.

OTHER ORDERS

Reimbursement of filing fee

Because the tenant has substantially succeeded with his claims, I have reimbursed the filing fee.
The landlords have not wholly or substantially succeeded with their claims so their application for reimbursement of the filing fee is dismissed. Name suppression
The tenant applies for non-publication of his name and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The tenant has substantially succeeded in his proceedings, and I do not consider publication is in the public interest or justified because of the tenant’s conduct.
Non-publication is ordered.

Tenancy Tribunal case 4993409 — Exemplary damages

At a glance

Tenancy Tribunal case 4993409 — Exemplary damages

At a glance

Award balance

Claims & awards

Order

Reasons

TENANTS CLAIMS

Has the tenant overpaid rent?

Did the landlord attempt to terminate the tenancy without grounds?

Should the landlord be able to retain all of the rent paid on 19 December 2024?

OTHER ORDERS

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

TENANTS CLAIMS

Has the tenant overpaid rent?

Did the landlord attempt to terminate the tenancy without grounds?

Should the landlord be able to retain all of the rent paid on 19 December 2024?

OTHER ORDERS

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions