How much money was awarded in case 5151851?

Compensation: $398.00 awarded to tenant; Compensation: rent adjustment (3 day…: $162.42 awarded to tenant; Filing Fee: $27.00 awarded to tenant; Less Paid By Tenant: $190.00 awarded to tenant; Rent: $1,755.86 awarded to landlord; Rubbish Removal: $883.54 awarded to landlord

What type of tenancy dispute was case 5151851?

The dispute type was not classified.

Where can I read the official tribunal order for case 5151851?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11871656-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5151851?

Compensation: $398.00 awarded to tenant; Compensation: rent adjustment (3 day…: $162.42 awarded to tenant; Filing Fee: $27.00 awarded to tenant; Less Paid By Tenant: $190.00 awarded to tenant; Rent: $1,755.86 awarded to landlord; Rubbish Removal: $883.54 awarded to landlord

What type of tenancy dispute was case 5151851?

The dispute type was not classified.

Where can I read the official tribunal order for case 5151851?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11871656-Tribunal_Order_Redacted.pdf.

Unit/Flat 1, 4 Gila Place, Weymouth, Auckland 2103 Tenancy Tribunal Case 5151851 — Tenancy dispute

Q: What was Tenancy Tribunal case 5151851 about?

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

Order

Claims and awards in Tenancy Tribunal application 5151851 — net $1,723.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent to 11 November 2024	$1,755.86		Rent to 11 November 2024
Rubbish removal	$883.54		Rubbish removal
Filing fee reimbursement		$27.00	Filing fee reimbursement
Compensation for breach of quiet enjoyment		$398.00	Compensation for breach of quiet enjoyment
Compensation: rent adjustment (3 days		$162.42	rent adjustment (3 days
Less paid by tenant		$190.00	Less paid by tenant
Total award	$2,639.40	$777.42
Net award	$1,723.98
Total payable by Tenant to Landlord	$1,723.98

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.

[The tenant/s] must pay Kāinga Ora–Homes And Communities $1,723.98, calculated as shown in the table below.

The tenant must pay the debt in order 2 at the rate of $10.00 per week.

The first payment must be made on Friday 23 May 2025 and payments must continue every Friday until the debt is paid in full.

If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

Both parties attended the hearing today.

The landlord applied for rent arrears, compensation, and refund of the bond following the end of the tenancy.

The tenant applied for an apology for unnecessary stress and bullying. I have treated this as a request for compensation, the Tribunal having no power to direct an apology. Analysis

The landlord provided a rent summary showing rent arrears of $1,755.86 to 11 November 2024. There is no dispute that the arrears are owed.

There is however an issue whether the rent arrears should be adjusted. The tenant gave a 28 day notice to terminate her periodic tenancy on 15 October 2024. The 28-day period was due to expire on 11 November 2024.

On 5 November 2024 the landlord changed the locks prematurely and in error. When this was realised, on 9 November 2024, the Tenant was given the new set of keys and was able to re-enter the premises. The tenancy ended on 11 November 2024. I adjust the rent for the 3 days or so that the tenant could not access the property.

A landlord must not interfere with the reasonable peace, comfort, or privacy of a tenant in their use of the premises (section 38 of the Residential Tenancies Act 1986 (the Act)). Landlords must not alter or remove any lock from the property without the tenant’s consent (section 46(2) of the Act).

Some aspects of the timeline were a little challenging to recreate, but I am satisfied that the landlord changed the locks without authority and prior to the end of the tenancy. This was a breach of quiet enjoyment and of the landlord’s obligation not to alter the locks.

The landlord’s photographs taken on 11 November 2024 show that there was about 4 cubic meters of rubbish externally and 1.5 cubic meters of rubbish internally left behind. The exterior rubbish was mainly inorganic garden waste. The landlord said this was more expensive to dispose of than the organic waste. The amount claimed for rubbish removal is reasonable but must be reduced by an award of compensation for breach of quiet enjoyment.

The tenant said she had incurred costs of $398.00 arranging for a rubbish removal company to remove the rubbish. The evidence was not very clear that the lock change interfered with the tenant’s ability to remove the rubbish before the expiry of the termination notice, either by herself or with assistance from the removal company. However, I adopt this cost as a proxy for the inconvenience and distress which the landlord’s actions in changing the locks undoubtedly caused her. Filing Fee and Name Suppression

The tenant’s application has been partly successful. I exercise my discretion to award the filing fee.

The tenant sought suppression. She is not entitled to suppression as she has not been “wholly or substantially successful” (section 95A). However, I consider her privacy interest outweighs the public interest. If there is any public interest here, it more likely relates to the conduct of the landlord.

Claims and awards in Tenancy Tribunal application 5151851 — net $1,723.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent to 11 November 2024	$1,755.86		Rent to 11 November 2024
Rubbish removal	$883.54		Rubbish removal
Filing fee reimbursement		$27.00	Filing fee reimbursement
Compensation for breach of quiet enjoyment		$398.00	Compensation for breach of quiet enjoyment
Compensation: rent adjustment (3 days		$162.42	rent adjustment (3 days
Less paid by tenant		$190.00	Less paid by tenant
Total award	$2,639.40	$777.42
Net award	$1,723.98
Total payable by Tenant to Landlord	$1,723.98

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
[The tenant/s] must pay Kāinga Ora–Homes And Communities $1,723.98, calculated as shown in the table below.
The tenant must pay the debt in order 2 at the rate of $10.00 per week.
The first payment must be made on Friday 23 May 2025 and payments must continue every Friday until the debt is paid in full.
If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

Both parties attended the hearing today.
The landlord applied for rent arrears, compensation, and refund of the bond following the end of the tenancy.
The tenant applied for an apology for unnecessary stress and bullying. I have treated this as a request for compensation, the Tribunal having no power to direct an apology. Analysis
The landlord provided a rent summary showing rent arrears of $1,755.86 to 11 November 2024. There is no dispute that the arrears are owed.
There is however an issue whether the rent arrears should be adjusted. The tenant gave a 28 day notice to terminate her periodic tenancy on 15 October 2024. The 28-day period was due to expire on 11 November 2024.
On 5 November 2024 the landlord changed the locks prematurely and in error. When this was realised, on 9 November 2024, the Tenant was given the new set of keys and was able to re-enter the premises. The tenancy ended on 11 November 2024. I adjust the rent for the 3 days or so that the tenant could not access the property.
A landlord must not interfere with the reasonable peace, comfort, or privacy of a tenant in their use of the premises (section 38 of the Residential Tenancies Act 1986 (the Act)). Landlords must not alter or remove any lock from the property without the tenant’s consent (section 46(2) of the Act).
Some aspects of the timeline were a little challenging to recreate, but I am satisfied that the landlord changed the locks without authority and prior to the end of the tenancy. This was a breach of quiet enjoyment and of the landlord’s obligation not to alter the locks.
The landlord’s photographs taken on 11 November 2024 show that there was about 4 cubic meters of rubbish externally and 1.5 cubic meters of rubbish internally left behind. The exterior rubbish was mainly inorganic garden waste. The landlord said this was more expensive to dispose of than the organic waste. The amount claimed for rubbish removal is reasonable but must be reduced by an award of compensation for breach of quiet enjoyment.
The tenant said she had incurred costs of $398.00 arranging for a rubbish removal company to remove the rubbish. The evidence was not very clear that the lock change interfered with the tenant’s ability to remove the rubbish before the expiry of the termination notice, either by herself or with assistance from the removal company. However, I adopt this cost as a proxy for the inconvenience and distress which the landlord’s actions in changing the locks undoubtedly caused her. Filing Fee and Name Suppression
The tenant’s application has been partly successful. I exercise my discretion to award the filing fee.
The tenant sought suppression. She is not entitled to suppression as she has not been “wholly or substantially successful” (section 95A). However, I consider her privacy interest outweighs the public interest. If there is any public interest here, it more likely relates to the conduct of the landlord.

Tenancy Tribunal case 5151851 — Tenancy dispute at Unit/Flat 1, 4 Gila Place, Weymouth, Auckland 2103

At a glance

Tenancy Tribunal case 5151851 — Tenancy dispute at Unit/Flat 1, 4 Gila Place, Weymouth, Auckland 2103

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions