How much money was awarded in case 5071768?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5071768?

The primary dispute was Cleanliness. Related themes: Exemplary damages, Harassment.

Where can I read the official tribunal order for case 5071768?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13575492-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5071768?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5071768?

The primary dispute was Cleanliness. Related themes: Exemplary damages, Harassment.

Where can I read the official tribunal order for case 5071768?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13575492-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5071768 — Cleanliness

Q: What was Tenancy Tribunal case 5071768 about?

The tribunal order states: Both parties’ names and the address of the tenancy are suppressed until the final

Order

[As amended on 11 May 2025]

Both parties’ names and the address of the tenancy are suppressed until the final Order is issued.
In accordance with the Tribunal’s Order of 05 May 2026, the landlord’s name and identifying details are suppressed. The Interim Order for suppression of the tenant’s name made on 17 December 2025 is lifted.
The matter is to be set down for two hearings of four hours each. The first hearing is to be an in person hearing before me at Waitakere District Court for four hours. The next hearing is to be a four-hour video conference before me. The video conference is to be scheduled on the day after the in person hearing.
If either party intends to produce any additional documents at the next hearing, they must send two copies to the Tribunal at least 10 working days before the next hearing.
If the tenant has a claim they want dealt with at the next hearing, they must file their application with Tenancy Services and pay the corresponding fee by 4pm on 06 January 2026 referring to the current application number.
If the tenant has not lodged their own application by 4pm on 06 January 2026, the next hearing will proceed and will only deal with the landlord’s claims.
If either party is unavailable for the next hearing on any working day between 02 February 2026 and 10 April 2026, they must notify the Tribunal by sending an email to aucklandmetrotenancy@justice.govt.nz no later than 4pm on Wednesday, 24 December 2025.
The landlord’s claim relating to the excavation work on the premises is dismissed.

Reasons

Both parties attended the hearing. A caregiver attended with the landlord.
At the start of the hearing, the tenant advised that they had claims against the landlord. It is sensible for the tenant’s claims to be heard with the landlord’s claims. The hearing proceeded to hear the issue of jurisdiction for the landlord’s claim relating to the excavation work and as a case management conference. Does the Tribunal have jurisdiction in respect of the landlord’s claim relating to the excavation work?
The landlord has claimed for compensation in respect of an arrangement she had with one of the tenants, (Mr X) Mr Vivian, to perform excavation works on the premises (the “Excavation Claim”). At the hearing, the parties advised that this claim had also been submitted to the Disputes Tribunal. The landlord produced an Order of the Disputes Tribunal dated 19 November 2025 which found in the landlord’s favour and ordered (Mr X) Mr Vivian to pay the landlord $5,070.00 as a refund for work that had not been completed and compensation for remedial work. It is not entirely clear, but it appears that the tenant may have appealed this Order to the Disputes Tribunal.
The landlord says that the Excavation Claim needs to remain with the Tenancy Tribunal so that the sum ordered by the Disputes Tribunal can be set off against the bond.
The Tribunal only has jurisdiction to determine disputes that exist between a landlord and a tenant and relate to the tenancy. The Excavation Claim does not relate to this tenancy. Therefore, the Tribunal does not have jurisdiction to issue any orders in respect of that claim.
Section 2(1) of the Residential Tenancies Act 1986 (RTA) provides that a bond is money paid under a tenancy agreement as security for the performance of the tenant’s obligations under the tenancy agreement and the RTA. The bond is not security for money the tenant owes to the landlord which is not related to the tenancy.
I find that the sum (Mr X) Mr Vivian owes the landlord for the Excavation Claim is not related to the tenancy and cannot, therefore, be deducted from the bond.
The part of the landlord’s claim that relates to the Excavation Claim, including the claim that the sum the tenant owes the landlord for the Excavation Claim be deducted from the bond, is dismissed. Suppression:
This order will be published. The landlord has applied for suppression. It is unclear if the tenant intends to apply for suppression.
The issue of suppression for both parties shall be determined in the final Order. Until then, the parties’ names and identifying details in this Order are suppressed.
In accordance with the Tribunal’s Order of 05 May 2026, the Interim Order for suppression of the tenant’s name made on 17 December 2025 is lifted. The landlord’s name and identifying details are suppressed.

DIRECTIONS FOLLOWING CASE MANAGEMENT CONFERENCE

The landlord’s claims to be heard at the next hearing:

The landlord claims that: a. Contrary to section 40(1)(e)(iii) of the RTA, the tenant failed to leave the premises reasonably clean and tidy on termination of the tenancy; b. Contrary to section 40(1)(e)(v) of the RTA, the tenant failed to leave all chattels belonging to the landlord; c. Furniture was broken during the tenancy and the tenant is liable for the damaged furniture in accordance with section 49B of the RTA; d. The tenant has breached section 40(2) of the RTA by causing or permitting an interference with the landlord’s and other neighbours’ “reasonable peace, comfort, or privacy” and that this amounts to harassment of the landlord or other neighbours of the tenant.
The landlord is seeking: a. Payment from the bond; b. Compensation for cleaning costs; c. Compensation for replacement furniture; d. Compensation for breaching the landlord’s and other neighbours’ reasonable peace and comfort; and e. Exemplary damages for breach of section 40(2) of the RTA. (See sections 109 and Schedule 1A of the RTA);
By 4pm on Tuesday, 06 January 2026, the landlord is to: a. Provide to the Tribunal a summary of the landlord’s claims that the tenant breached her and other neighbours’ right to quiet enjoyment of the premises other than those acts that were allegedly committed by email or text message. This is to include a description of the act(s) complained of; the names of those present; and the dates and times (or approximate dates and times if exact dates and times are not known); and b. Advise the Tribunal of the amount of compensation and exemplary damages she is seeking for the tenant’s alleged breach of section 40(2) of the RTA. The tenant’s claims:
The tenant says that they have claims against the landlord. As set out in the Orders above, if the tenant wishes for those claims to be dealt with at the next hearing, the tenant is to lodge its application with the Tenancy Tribunal referring to this application number and pay the appropriate fee, no later than 4pm on Tuesday, 06 January 2026.
The tenant has indicated that their claims will include claims for breach of their quiet enjoyment. In the application form, or in an accompanying document, the tenant is to provide a summary of those claims other than those that were allegedly committed via email or text message. This is to include a description of the act(s) complained of; the names of those present; and the dates and times (or approximate dates and times if not known).
If the tenant is seeking compensation, the tenant is to specify the amount of compensation they are seeking. Witnesses:
The landlord has advised that she has two witnesses to attend the hearing, a flatmate, name and a former caregiver, name.
If the landlord has any additional witnesses she wishes to call after receiving the tenant’s application, she should notify the Tribunal of their names at least 5 working days prior to the hearing.
At least 5 working days before the hearing, the tenant is to provide the names of any witnesses they intend to call.
Any witnesses who do not reside in Auckland may give evidence via telephone. Where a party’s witness is to attend the hearing by telephone, it is the party’s responsibility to ensure the witness is available and to provide a telephone number for the witness.
If either party has a witness who does not agree to attend the hearing, they can be summonsed. To do this, the party will need to contact Tenancy Services no later than 5 working days before the hearing to make this request. Documents and other evidence:
The parties must file and serve copies of all relevant documents or other evidence they hold no later than 10 working days before the next hearing by: a. Uploading the documents to the file; or b. Emailing the documents to aucklandmetrotenancy@justice.govt.nz and copying the other party to the email; or c. Delivering the documents to the public counter at the Waitakere District Court, Ratanui Street, Henderson, Auckland 0612
For the landlord this is to include the list of chattels she said was emailed to the tenant at the start of the hearing. Bundles for the hearing:
On the day of the hearing, both parties are to bring 3 hardcopies of all their documentary evidence to the Tribunal (one copy for each party and one for the Tribunal). As far as practical, the documents should be arranged in date order and each page should be numbered (handwritten numbering is fine). Time required and method of hearing:
Given the number of issues in dispute and the number of witnesses who are likely to attend, a full-day hearing is called for.
To accommodate the landlord, the hearing is to be split over two days, four hours each day. The first day shall be in person at Waitakere District Court and the second day shall be the following day via video conference.
If either party is unavailable on any working days between 02 February 2026 to 10 April 2026, they are to advise the Tribunal of the dates they are unavailable and the reasons why (i.e. pre-planned travel or a medical appointment) no later than 4pm on Wednesday, 24 December 2025.
The dates of the hearing will be confirmed to the parties by Tenancy Services.
Given the delays to this matter, the parties are advised that it is very unlikely any further adjournment will be granted. Both parties should make arrangements in case they are unable to attend on the hearing date. These arrangements could include arranging for a representative to attend on their behalf or filing written submissions in advance of the hearing.

Order

[As amended on 11 May 2025]

Both parties’ names and the address of the tenancy are suppressed until the final Order is issued.

In accordance with the Tribunal’s Order of 05 May 2026, the landlord’s name and identifying details are suppressed. The Interim Order for suppression of the tenant’s name made on 17 December 2025 is lifted.

The matter is to be set down for two hearings of four hours each. The first hearing is to be an in person hearing before me at Waitakere District Court for four hours. The next hearing is to be a four-hour video conference before me. The video conference is to be scheduled on the day after the in person hearing.

If either party intends to produce any additional documents at the next hearing, they must send two copies to the Tribunal at least 10 working days before the next hearing.

If the tenant has a claim they want dealt with at the next hearing, they must file their application with Tenancy Services and pay the corresponding fee by 4pm on 06 January 2026 referring to the current application number.

If the tenant has not lodged their own application by 4pm on 06 January 2026, the next hearing will proceed and will only deal with the landlord’s claims.

If either party is unavailable for the next hearing on any working day between 02 February 2026 and 10 April 2026, they must notify the Tribunal by sending an email to aucklandmetrotenancy@justice.govt.nz no later than 4pm on Wednesday, 24 December 2025.

The landlord’s claim relating to the excavation work on the premises is dismissed.

Reasons

Both parties attended the hearing. A caregiver attended with the landlord.

At the start of the hearing, the tenant advised that they had claims against the landlord. It is sensible for the tenant’s claims to be heard with the landlord’s claims. The hearing proceeded to hear the issue of jurisdiction for the landlord’s claim relating to the excavation work and as a case management conference. Does the Tribunal have jurisdiction in respect of the landlord’s claim relating to the excavation work?

The landlord has claimed for compensation in respect of an arrangement she had with one of the tenants, (Mr X) Mr Vivian, to perform excavation works on the premises (the “Excavation Claim”). At the hearing, the parties advised that this claim had also been submitted to the Disputes Tribunal. The landlord produced an Order of the Disputes Tribunal dated 19 November 2025 which found in the landlord’s favour and ordered (Mr X) Mr Vivian to pay the landlord $5,070.00 as a refund for work that had not been completed and compensation for remedial work. It is not entirely clear, but it appears that the tenant may have appealed this Order to the Disputes Tribunal.

The landlord says that the Excavation Claim needs to remain with the Tenancy Tribunal so that the sum ordered by the Disputes Tribunal can be set off against the bond.

The Tribunal only has jurisdiction to determine disputes that exist between a landlord and a tenant and relate to the tenancy. The Excavation Claim does not relate to this tenancy. Therefore, the Tribunal does not have jurisdiction to issue any orders in respect of that claim.

Section 2(1) of the Residential Tenancies Act 1986 (RTA) provides that a bond is money paid under a tenancy agreement as security for the performance of the tenant’s obligations under the tenancy agreement and the RTA. The bond is not security for money the tenant owes to the landlord which is not related to the tenancy.

I find that the sum (Mr X) Mr Vivian owes the landlord for the Excavation Claim is not related to the tenancy and cannot, therefore, be deducted from the bond.

The part of the landlord’s claim that relates to the Excavation Claim, including the claim that the sum the tenant owes the landlord for the Excavation Claim be deducted from the bond, is dismissed. Suppression:

This order will be published. The landlord has applied for suppression. It is unclear if the tenant intends to apply for suppression.

The issue of suppression for both parties shall be determined in the final Order. Until then, the parties’ names and identifying details in this Order are suppressed.

In accordance with the Tribunal’s Order of 05 May 2026, the Interim Order for suppression of the tenant’s name made on 17 December 2025 is lifted. The landlord’s name and identifying details are suppressed.

DIRECTIONS FOLLOWING CASE MANAGEMENT CONFERENCE

The landlord’s claims to be heard at the next hearing:

The landlord claims that: a. Contrary to section 40(1)(e)(iii) of the RTA, the tenant failed to leave the premises reasonably clean and tidy on termination of the tenancy; b. Contrary to section 40(1)(e)(v) of the RTA, the tenant failed to leave all chattels belonging to the landlord; c. Furniture was broken during the tenancy and the tenant is liable for the damaged furniture in accordance with section 49B of the RTA; d. The tenant has breached section 40(2) of the RTA by causing or permitting an interference with the landlord’s and other neighbours’ “reasonable peace, comfort, or privacy” and that this amounts to harassment of the landlord or other neighbours of the tenant.

The landlord is seeking: a. Payment from the bond; b. Compensation for cleaning costs; c. Compensation for replacement furniture; d. Compensation for breaching the landlord’s and other neighbours’ reasonable peace and comfort; and e. Exemplary damages for breach of section 40(2) of the RTA. (See sections 109 and Schedule 1A of the RTA);

By 4pm on Tuesday, 06 January 2026, the landlord is to: a. Provide to the Tribunal a summary of the landlord’s claims that the tenant breached her and other neighbours’ right to quiet enjoyment of the premises other than those acts that were allegedly committed by email or text message. This is to include a description of the act(s) complained of; the names of those present; and the dates and times (or approximate dates and times if exact dates and times are not known); and b. Advise the Tribunal of the amount of compensation and exemplary damages she is seeking for the tenant’s alleged breach of section 40(2) of the RTA. The tenant’s claims:

The tenant says that they have claims against the landlord. As set out in the Orders above, if the tenant wishes for those claims to be dealt with at the next hearing, the tenant is to lodge its application with the Tenancy Tribunal referring to this application number and pay the appropriate fee, no later than 4pm on Tuesday, 06 January 2026.

The tenant has indicated that their claims will include claims for breach of their quiet enjoyment. In the application form, or in an accompanying document, the tenant is to provide a summary of those claims other than those that were allegedly committed via email or text message. This is to include a description of the act(s) complained of; the names of those present; and the dates and times (or approximate dates and times if not known).

If the tenant is seeking compensation, the tenant is to specify the amount of compensation they are seeking. Witnesses:

The landlord has advised that she has two witnesses to attend the hearing, a flatmate, name and a former caregiver, name.

If the landlord has any additional witnesses she wishes to call after receiving the tenant’s application, she should notify the Tribunal of their names at least 5 working days prior to the hearing.

At least 5 working days before the hearing, the tenant is to provide the names of any witnesses they intend to call.

Any witnesses who do not reside in Auckland may give evidence via telephone. Where a party’s witness is to attend the hearing by telephone, it is the party’s responsibility to ensure the witness is available and to provide a telephone number for the witness.

If either party has a witness who does not agree to attend the hearing, they can be summonsed. To do this, the party will need to contact Tenancy Services no later than 5 working days before the hearing to make this request. Documents and other evidence:

The parties must file and serve copies of all relevant documents or other evidence they hold no later than 10 working days before the next hearing by: a. Uploading the documents to the file; or b. Emailing the documents to aucklandmetrotenancy@justice.govt.nz and copying the other party to the email; or c. Delivering the documents to the public counter at the Waitakere District Court, Ratanui Street, Henderson, Auckland 0612

For the landlord this is to include the list of chattels she said was emailed to the tenant at the start of the hearing. Bundles for the hearing:

On the day of the hearing, both parties are to bring 3 hardcopies of all their documentary evidence to the Tribunal (one copy for each party and one for the Tribunal). As far as practical, the documents should be arranged in date order and each page should be numbered (handwritten numbering is fine). Time required and method of hearing:

Given the number of issues in dispute and the number of witnesses who are likely to attend, a full-day hearing is called for.

To accommodate the landlord, the hearing is to be split over two days, four hours each day. The first day shall be in person at Waitakere District Court and the second day shall be the following day via video conference.

If either party is unavailable on any working days between 02 February 2026 to 10 April 2026, they are to advise the Tribunal of the dates they are unavailable and the reasons why (i.e. pre-planned travel or a medical appointment) no later than 4pm on Wednesday, 24 December 2025.

The dates of the hearing will be confirmed to the parties by Tenancy Services.

Given the delays to this matter, the parties are advised that it is very unlikely any further adjournment will be granted. Both parties should make arrangements in case they are unable to attend on the hearing date. These arrangements could include arranging for a representative to attend on their behalf or filing written submissions in advance of the hearing.

Tenancy Tribunal case 5071768 — Cleanliness

At a glance

Claims & awards

Tenancy Tribunal case 5071768 — Cleanliness

At a glance

Claims & awards

Order

Reasons

DIRECTIONS FOLLOWING CASE MANAGEMENT CONFERENCE

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Order

Reasons

DIRECTIONS FOLLOWING CASE MANAGEMENT CONFERENCE

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions