How much money was awarded in case 5281123?

Property Damage: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5281123?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5281123?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12215552-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5281123?

Property Damage: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5281123?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5281123?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12215552-Tribunal_Order_Redacted.pdf.

21 Queens Avenue, Frankton, Hamilton 3204 Tenancy Tribunal Case 5281123 — Exemplary damages

Q: What was Tenancy Tribunal case 5281123 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 5281123 — net $527.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
scriptionLandlordTenant Exemplary damages for tenant’s failure, without reasonable excuse, to quit the premises on termi	$500.00	scriptionLandlordTenant Exemplary damages for tenant’s failure, without reasonable excuse, to quit the premises on termi
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$527.00
Total payable by Tenant to Landlord	$527.00

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

[The landlord/s] is granted possession of the premises at 21 Queens Avenue, Frankton, Hamilton 3204 immediately.

John Fredrick Archer must pay [The landlord/s] $527.00 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing. The tenant was also assisted by his grandson Damian.

The landlord has applied for possession of the premises following the termination of the tenancy.

The tenancy ended on 5 June 2025 after the landlord gave 90 days' notice dated 4 March 2025 to terminate the periodic tenancy. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.

I grant a possession order accordingly.

The tenant did not vacate the premises on 5 June 2025, the date the tenancy ended. The tenant is still at the premises, saying that he will only vacate on 14 August 2025 having recently secured another tenancy.

A tenant must vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the Residential Tenancies Act 1986.

Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 40(3A)(a) and Schedule 1A Residential Tenancies Act 1986.

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 landlord seeks the maximum award of exemplary damages, arguing that the public interest demands it. The tenant is also in rent arrears presently.

I note that the tenant suffers from some form of impairment, but he was still able to instruct his friends and family members not to assist him, when it was clearly required. An acquaintance who had previously assisted him says that the tenant ‘decided he does not wish for her assistance’. The tenant’s representative says that they have been advised that they do not need to vacate the premises until ordered by the Tribunal.

That advice that the tenant and his representative has received is incorrect.

The tenancy has duly terminated on expiry of the landlord’s 90 days’ notice. The tenant should have vacated two months ago on 5 June 2025.

I consider that the tenant has committed the unlawful act intentionally, despite his impairment.

Having regard to the tenant’s mental capacity and his intent of not vacating the premises, the tenant’s failure to provide a reasonable excuse for failing to vacate the premises upon expiry of the landlord’s notice, the effect of the unlawful act and the interests of the landlord, and the public interest, I am satisfied it would be just to award exemplary damages in the sum $500.00.

I also award reimbursement of the filing fee as sought by the landlord and an order for suppression of the landlord’s name, as requested. The landlord is largely successful on this claim.

Claims and awards in Tenancy Tribunal application 5281123 — net $527.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
scriptionLandlordTenant Exemplary damages for tenant’s failure, without reasonable excuse, to quit the premises on termi	$500.00	scriptionLandlordTenant Exemplary damages for tenant’s failure, without reasonable excuse, to quit the premises on termi
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$527.00
Total payable by Tenant to Landlord	$527.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
[The landlord/s] is granted possession of the premises at 21 Queens Avenue, Frankton, Hamilton 3204 immediately.
John Fredrick Archer must pay [The landlord/s] $527.00 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing. The tenant was also assisted by his grandson Damian.
The landlord has applied for possession of the premises following the termination of the tenancy.
The tenancy ended on 5 June 2025 after the landlord gave 90 days' notice dated 4 March 2025 to terminate the periodic tenancy. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
I grant a possession order accordingly.
The tenant did not vacate the premises on 5 June 2025, the date the tenancy ended. The tenant is still at the premises, saying that he will only vacate on 14 August 2025 having recently secured another tenancy.
A tenant must vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the Residential Tenancies Act 1986.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 40(3A)(a) and Schedule 1A Residential Tenancies Act 1986.
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 landlord seeks the maximum award of exemplary damages, arguing that the public interest demands it. The tenant is also in rent arrears presently.
I note that the tenant suffers from some form of impairment, but he was still able to instruct his friends and family members not to assist him, when it was clearly required. An acquaintance who had previously assisted him says that the tenant ‘decided he does not wish for her assistance’. The tenant’s representative says that they have been advised that they do not need to vacate the premises until ordered by the Tribunal.
That advice that the tenant and his representative has received is incorrect.
The tenancy has duly terminated on expiry of the landlord’s 90 days’ notice. The tenant should have vacated two months ago on 5 June 2025.
I consider that the tenant has committed the unlawful act intentionally, despite his impairment.
Having regard to the tenant’s mental capacity and his intent of not vacating the premises, the tenant’s failure to provide a reasonable excuse for failing to vacate the premises upon expiry of the landlord’s notice, the effect of the unlawful act and the interests of the landlord, and the public interest, I am satisfied it would be just to award exemplary damages in the sum $500.00.
I also award reimbursement of the filing fee as sought by the landlord and an order for suppression of the landlord’s name, as requested. The landlord is largely successful on this claim.

Tenancy Tribunal case 5281123 — Exemplary damages at 21 Queens Avenue, Frankton, Hamilton 3204

At a glance

Tenancy Tribunal case 5281123 — Exemplary damages at 21 Queens Avenue, Frankton, Hamilton 3204

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions