What was Tenancy Tribunal case 5084568 about?

The tribunal order states: By consent, suppression of the Tenant and Landlord names and identifying details.

How much money was awarded in case 5084568?

Break Fee: $600.68 awarded to landlord; Property Damage: $1,100.00 awarded to tenant; Property Damage: $600.00 awarded to tenant; Rent Arrears: $141.43 awarded to landlord

What type of tenancy dispute was case 5084568?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5084568?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11754592-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5084568 about?

The tribunal order states: By consent, suppression of the Tenant and Landlord names and identifying details.

How much money was awarded in case 5084568?

Break Fee: $600.68 awarded to landlord; Property Damage: $1,100.00 awarded to tenant; Property Damage: $600.00 awarded to tenant; Rent Arrears: $141.43 awarded to landlord

What type of tenancy dispute was case 5084568?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5084568?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11754592-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5084568 — Exemplary damages

Claims and awards in Tenancy Tribunal application 5084568 — net $957.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 3 November 2024	$141.43		Rent arrears to 3 November 2024
Break fee	$600.68		Break fee
Compensation & Exemplary damages: Failure to		$1,100.00	Compensation & Exemplary damages: Failure to
Exemplary damages: Unlawful entry		$600.00	Unlawful entry
Total award	$742.11	$1,700.00
Net award		$957.89
Bond		$2,320.00
Total payable by Landlord to Tenant		$957.89

Claims and awards in Tenancy Tribunal application 5084568 — net $957.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 3 November 2024	$141.43		Rent arrears to 3 November 2024
Break fee	$600.68		Break fee
Compensation & Exemplary damages: Failure to		$1,100.00	Compensation & Exemplary damages: Failure to
Exemplary damages: Unlawful entry		$600.00	Unlawful entry
Total award	$742.11	$1,700.00
Net award		$957.89
Bond		$2,320.00
Total payable by Landlord to Tenant		$957.89

Order

By consent, suppression of the Tenant and Landlord names and identifying details.
[The landlord/s] must pay [The tenant/s] $957.89 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,320.00 ([Bond number suppressed]) to [The tenant/s] immediately.

Reasons

Both parties attended the hearing.
The tenant is seeking a bond refund, compensation of $39,000.00, and exemplary damages for the following: (a) Failure to maintain the premises. (b) Quiet enjoyment/harassment. (c) Unlawful entry.
The landlord has applied for rent arrears and a break fee for the tenant terminating the fixed term early. Failure to maintain the premises
[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must [of relevance here] provide the premises in a reasonable state of cleanliness provide and maintain the premises in a reasonable state of repair comply with all requirements in respect of smoke alarms and insulation set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 comply with any relevant enactment in relation to buildings, health and safety.
Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
I find that the tenant has not provided sufficient evidence to prove there was an ongoing problem with smells from the shower, nor that the landlord has breached any of the Healthy Homes Standards, nor that there was an issue with overgrown trees and shrubs. The tenant has not provided any evidence to prove that one of the bedrooms was so bad (mouldy and carpet stains) that he was unable to get a flatmate to share his living expenses.
The landlord does not dispute the tenant’s claim that the premises were not provided in a reasonable state of cleanliness at the start of the tenancy.
I accept the landlord’s evidence and their Healthy Homes Report dated 20 May 2020, which states that it is not reasonably practicable to duct the existing range hood to the outside.
However, I find that the landlord has breached their obligations in respect of cleanliness at the start of the tenancy. I also find that the carpet was not in a reasonable state of cleanliness nor repair as it was stained and threadbare in places. I find the landlord has 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 award $550.00 compensation to the tenant for the breaches and for having to having to clean the premises himself which is equivalent to one weeks rent at the time he moved in.
After considering all the factors in section 109(3), I also consider it ‘just’ to make an award of $550.00 exemplary damages. Breach of quiet enjoyment/harassment/unlawful entry
[The tenant/s] claims the landlord harassed him and entered the premises without consent or notice on the last day of the tenancy.
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.
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, 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.
I accept the tenant’s evidence that the landlord arrived unannounced to the premises on the last day of the tenancy and entered without consent. After listening to the audio evidence provided by the tenant, I am satisfied that this visit was in reality an inspection as the landlord walked around commenting on the state of the premises and what the tenant had to do to get his bond. The landlord clearly overstepped.
I find that the landlord breached the tenant’s quiet enjoyment and committed an unlawful act when they entered the premises without notice and without consent.
However, I do not find this behaviour amounts to harassment.
After considering all of the s.109(3) factors, and in particular the considerable effect the landlord’s actions had on the tenant at a very stressful time, I award $600.00 exemplary damages. I decline to award any further compensation. Cross application

How much is owed for rent?

The tenancy ended on 3 November 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. Break fee
I am satisfied the break fee of $600.68 is fair and reasonable. The landlord had to advertise the premises, conduct viewings, and pay for a final meth test.
I award the $600.68 claimed. Name suppression
Both parties agree to name suppression for each other. Filing fees
As the landlord has been successful in their claims and the tenant has been partially successful, I decline to make any award for the respective filing fees.

Tenancy Tribunal case 5084568 — Exemplary damages

At a glance

Tenancy Tribunal case 5084568 — Exemplary damages

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions