Published tribunal order
Tenancy Tribunal case 5240271 — Rent arrears at 19 Sonia Avenue, Remuera, Auckland 1050
Decided 16 Oct 2025 · Published 16 Oct 2025 · Application 5240271
- Rent arrears
Party names are redacted in the official published order.
Order
- The tenancy of [The tenant/s] at 19 Sonia Avenue, Remuera, Auckland 1050 is terminated, and possession is granted to Onecall Property Services Limited Tanya Louise Shi, at 11.59pm on Wednesday 22 nd October 2025.
- Jah Isaac Creole Tana is granted suppression of her name and identifying details.
- [The tenant/s] to pay Onecall Property Services Limited Tanya Louise Shi $3,822.06 from the bond, calculated as shown in table below.
- The Bond Centre is to pay the bond of $4,600.00 ([Bond number suppressed]) immediately apportioned as follows: Onecall Property Services Limited Tanya Louise Shi: $3,822.0 6 [The tenant/s]: $777.94
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, water bills, tenants breach of quiet enjoyment of the neighbours, reimbursement of the filing fee and refund of the bond.
- The tenant has claimed retaliatory notice, breach of quiet enjoyment/ harassment reimbursement of filing fee and refund of the bond.
Should the tenancy be terminated?
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
- Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.
- However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
- The tenant has breached their obligations by being in rent arrears from the start of the tenancy in 2022, failing to pay the water bills and breaching the neighbour’s quiet enjoyment of their property.
- The breach is not capable of remedy because the rent has been in arrears throughout the tenancy. The tenant owes $3546.28 (which is nearly 3 weeks rent) as of 8 October 2025. The landlord has filed 14-day notices to remedy and appeared before the Tenancy Tribunal on 8 September 2023 for rent arrears. The Tribunal ordered rent arrears, but the repayment schedule was ignored as was the 14-day notices.
- The relationship with the direct neighbours has deteriorated significantly with numerous complaints, such as: -Untidy and poorly maintained gardens -Burning rubbish in the back yard spreading heavy smoke throughout the neighbourhood. -Regular loud music playing and disrupting the peace and quiet of neighbours. -25 February 2025 at 2.00am loud and aggressive arguing and threats to kill- (police involved) -11 April 2025 at 5.10am visitor to tenant’s address trespassing on other properties, harassing neighbours, breaking into one property, and assaulting the occupant. (police involved). -Trespass notices served by police on tenants’ visitor.
- It would be inequitable to refuse to terminate the tenancy. This tenancy has been ongoing for three years and there have been a lot of complaints and breaches of the tenancy agreement and Residential Tenancies Act 1986 (“RTA”).
- The tenancy of Jah Creole Tana is terminated at 11.59pm on Wednesday 22 October 2025.
How much is owed for rent and water rates?
- The tenancy is to end on 22 October 2025. The landlord provided rent records and water rates invoices which prove the amount owing as of 8 October 2025.
- The rent arrears to 8 October 2025 are $3203.43 and the water bills are $618.63.
- The tenant does not dispute the rent arrears and water bills owing.
- I am satisfied that the landlord has proven their claim for rent arrears and water bills.
- In addition to the rent arrears the tenant must still pay rent for the next 14 days of the tenancy. The rent due between 9 October and 22 October 2025 is $2400.00.
RELEVANT LEGAL CONSIDERATIONS
- The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
- With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities.” The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is. claimed is likely.
- This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
- As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will. be dismissed whether it has merit or not because it is up to the applicant. to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.
- In summary, I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any claim, I must consider all the evidence presented (including oral evidence during the hearing). I must weigh this evidence to decide what is more likely. If any claim is not established to the balance of probability, it must be dismissed.
- The Tribunal has reviewed and considered all evidence, though not all is specifically referenced in this decision. General legal principles in relation to the award of compensation or exemplary damages
- The Tribunal can award compensation where a party has been in breach of the Residential Tenancies Act 1986 (the RTA) or has been in breach of the tenancy agreement, and the other party has suffered a loss because of that breach.
- Awards of compensation in the Tribunal are generally modest. When awarding compensation, the accepted principle is that the injured party should be put in the same position as they would have been but for the breach, since there is liability for losses flowing from the breach. Factors such as the loss of amenity, stress and inconvenience suffered by the party that has proven the breach are considered when deciding the quantum of any compensation awarded.
- Exemplary damages can also be awarded for breaches listed in Schedule 1A of the RTA, provided the Tribunal is satisfied that the breach was intentional.
- Exemplary damages are a penalty designed to deter parties from intentionally engaging in the kind of behavioural conduct provided for in Schedule 1A of the RTA. Did the tenants disturb their neighbours and breach the neighbour’s quiet enjoyment of the premise?
- The landlord claims the tenants have disturbed their neighbours who are also the landlord’s tenants renting another property on the same site.
- A tenant must not cause or permit interference with the reasonable peace, comfort, or privacy of the landlord's other tenants or of anyone else living in the neighbourhood. See section 40(2)(c) 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 40(3A) (d) and Schedule 1A Residential Tenancies Act 1986.
- 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 landlord has produced evidence that proves the tenant has breached the quiet enjoyment of the neighbours: a) The tenant’s adult son suffers from mental health issues and when he is experiencing stress, he exhibits anti-social behaviour such as yelling and screaming during the night and day, threatening to kill, and aggressive arguing. The effect on the neighbours is to cause stress and concern about others wellbeing. b) The landlord called a direct neighbour of the tenants to give evidence at the hearing. This witness spoke of the fear his other tenants expressed after being approached and intimidated by a visitor of the tenants. This person attempted to break into another neighbour’s home and assaulted this person when challenged. c) The neighbours have called police on several occasions and removed people from the property. d) 6 of the tenant’s direct neighbours provided a signed letter to the Tribunal supporting the landlord’s application for termination and describing the specific issues they have experienced with the tenants. The examples the letter described are as follows: -Frequent loud arguments and noisy disturbances throughout the night. -Claiming one tenant was under the influence of drugs or alcohol and attempted to break into a few properties, trespassing onto other properties and fighting with another neighbour. -Police call outs. -Frequently different people staying at the property, many displaying anti- social behaviour. -The effect on neighbours has been to make them feel unsafe and anxious. -Some neighbours have resorted to sleeping medication due to the disturbances at night from the tenant’s household. -They ask the Tribunal to terminate the tenancy so peace and safety can be restored to the neighbourhood.
- I find the tenant 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.
- The tenant’s son and his friend have significant health issues that have caused them to behave in this manner. The tenant has taken steps to fix the issue by her son being removed from the home to a care facility and coming home to visit on the weekend if he is well enough. The son’s friend has been made aware that he has been trespassed from the neighbouring properties and served with a trespass notice.
- In these circumstances I am not awarding the landlord exemplary damages. I perceive the tenant as the mother of an adult son who is unwell and who is responsible for the issues in the neighbourhood. The tenant is trying to remedy the issues and it is of not fault of hers that the situation has developed.
- The bond is to be partially refunded to the landlord to offset the debt owed by the tenant to the landlord. Tenants’ claims:
- [The tenant/s] claims the landlord has harassed her.
- 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 tenant says that the property manager is racist and has made comments that are offensive to her. The tenant claims that the property manager made an unfounded claim that there was drug use at the home and pointed to a Shisha pipe during an inspection. The property manager engaged the services of a methamphetamine(“meth”) testing company, which found no evidence of meth use in the property.
- The tenant provided an email from the property manager dated 9 April 2024 which she claims showed the property manager requiring her to get consent from her to have visitors at the property.
- Furthermore, that the property manager has asked her neighbours to spy on her home and report anything to the property manager.
- The tenant says the neighbours have put up security cameras in their property and positioned them to record the tenant and her family in their home. The tenant says that the neighbours then report everything they see to the property manager via a social media group.
- The neighbour that came to give evidence said his cameras are focused on the driveway and not the tenant’s front door or house. He set them up after the disturbances by the tenant’s son and his friend, to protect his other tenants and his property.
- The tenant said that the property manager was intrusive when she came to do property inspections. The tenant claims that the property manager has breached her family’s privacy by going into bedrooms where a family member maybe sleeping and taking photos.
- In response the property manager, Ms Shi gave evidence on the phone during the hearing. She denies spy or asking anyone else to spy on the tenant. During inspections she said she needs to see all the rooms in the property to do a proper inspection and check that everything is in good order. Ms Shi said that at times the tenant would not allow her to come to the house to do inspections.
- Ms Shi said she did not ask the tenant to notify her of all the visitors to the property, but to advise her of who is staying at the premises. Ms Shi said there were often different people staying at the house that she did not know. It was a breach of her tenancy agreement to exceed the number of people residing in the house.
- It is clear from the comments made by the tenant and Ms Shi that the relationship between each of these women had deteriorated during the tenancy.
- I do not find that the neighbours have put up cameras to spy on the tenant, nor formed a social media group to pass on information to the landlord. I accept that there have been a number of distressing incidents in the neighbourhood as a result of the actions of the tenant’s son and his friends, which would have created tension.
- I do not find that the landlord has breached the tenant’s quiet enjoyment or harassed her. Retaliatory notice:
- On 7 April 2025, the landlord gave the tenant a notice ending the tenancy on 14 July 2025 claiming that the landlord needed to property vacate for a renovation of the property. The tenant claims the notice is retaliatory.
- For a notice to be declared retaliatory, the tenant must prove that in terminating the tenancy, the landlord was motivated wholly or partly by the tenant exercising a right under the tenancy agreement or any Act, or by any complaint against the landlord. See section 54(1) 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.
- The tenant met the former tenant of this property. He advised her that the landlord had issued the same 90-day notice to him during his tenancy, claiming that there was to be a renovation of the property. The former tenant found that the landlord did not do any renovations and simply let the property to this tenant.
- The tenant said that the 90-day notice came about after she had requested that the landlord carry out some maintenance of the property relating to the upstairs windows.
- I accept that there were many problems with the tenancy related to behaviour issues from the tenant’s son and his friend.
- I do not find that the landlord issued the termination notice because the tenant attempted to exercise her rights under the RTA, therefore I dismiss the claim of retaliatory notice.
- Under recent changes to the RTA effective as of 30 January 2025, landlords can terminate a periodic tenancy for no reason providing at least 90 days’ notice. Suppression/ Bond/Filing fee.
- As both parties have been partially successful with their claims, I am not reimbursing either party their filing fee.
- The bond is to be refunded to the parties as set out above in the order.
- As the tenant has applied for suppression of her name and details and been partially successful, I am granting suppression.