What was Tenancy Tribunal case 5299959 about?

The tribunal order states: By consent, suppression of the Tenant and Landlord name and identifying

How much money was awarded in case 5299959?

Compensation: Breach of quiet enjoym…: $595.00 awarded to tenant; Rent Arrears: $1,190.00 awarded to landlord; Water Rates: $247.80 awarded to landlord

What type of tenancy dispute was case 5299959?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5299959?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12786830-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5299959 about?

The tribunal order states: By consent, suppression of the Tenant and Landlord name and identifying

How much money was awarded in case 5299959?

Compensation: Breach of quiet enjoym…: $595.00 awarded to tenant; Rent Arrears: $1,190.00 awarded to landlord; Water Rates: $247.80 awarded to landlord

What type of tenancy dispute was case 5299959?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5299959?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12786830-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5299959 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5299959 — net $842.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,190.00		Rent arrears
Water rates	$247.80		Water rates
Compensation: Breach of quiet enjoyment		$595.00	Breach of quiet enjoyment
Total award	$1,437.80	$595.00
Net award	$842.80
Total payable by Tenant to Landlord	$842.80

By consent, suppression of the Tenant and Landlord name and identifying details.

[The tenant/s] to pay [The landlord/s] $842.80 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,380.00 ([Bond number suppressed]) immediately apportioned as shown in table below.

All other claims are dismissed.

Reasons

Both parties attended the hearing.

The tenant has applied for refund of the bond and compensation of $4,690.00 for loss of amenity, failure to maintain the premises, and moving costs.

The landlord has applied for rent arrears and water rates following the end of the tenancy.

This was a fixed term tenancy which commenced on 17 August 2024 and was due to run until 16 August 2025. The parties agreed to end the tenancy early on 6 June 2025.

How much is owed for rent and water rates?

The tenancy ended on 6 June 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

Did the tenant suffer any loss of amenity for a locked room and garage?

The tenant says she was not aware there was a locked bedroom on the premises until she moved in. The tenant confirmed that the premises was advertised as a 2-bed, and she thought this was just a locked cupboard at the viewing.

I do not find that the locked room nor the garage were offered as part of this tenancy. The landlord has provided a statement from another person who viewed the premises on the same day as the tenant. They say that the landlord made it clear that the 3 rd bedroom and garage were to remain locked and were not part of the tenancy, although this may change in the future. I also find that it was up to the tenant to make her own enquiries if she believed there was a locked cupboard. The tenancy agreement also makes it clear that the garage is not included with the tenancy.

This part of the tenant’s claim is dismissed. Did the landlord breach their responsibilities under section 45 of the Residential Tenancies Act 1986 (“RTA”)?

[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 provide the premises in a reasonable state of cleanliness and provide and maintain the premises in a reasonable state of repair.

The tenant says that the locked room was mouldy and caused her to have a chest infection. The tenant says the HRV system outside the room spread mould spores throughout the premises.

I find that the locked room was not part of this tenancy and it had no effect on the rest of the premises. Although there was a minor area of mould on the window frame when the room was opened, there is no evidence that it affected the rest of the premises, nor that it affected the tenant’s health.

This part of the tenant’s claim is dismissed. Did the landlord breach the tenant’s quiet enjoyment?

[The tenant/s] claims the landlord breached her quiet enjoyment of the premises over a 2.5 week period. The tenant says she was notified that the owner was coming to clear out the room and garage over a few days and then hold a garage sale, but this turned into a couple of weeks. The tenant says the landlord usually notified her before coming but some family members and members of the public were coming and going without any notification.

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.

I find that the landlord over-stepped and breached the tenant’s quiet enjoyment of the premises. Although the tenant agreed to a few days for clearing and the garage sale, she was not in any position to refuse, and the comings and goings of multiple people was unreasonable and went on for too long.

I award $595.00 (one week of rent) as fair reasonable and proportionate compensation for the loss.

Did the landlord promise more than a one year fixed term tenancy?

The tenant says she wants the landlord to pay something towards moving costs as the landlord was aware she was only looking for a long term tenancy. The tenant says the landlord should not have tenanted the house to a single mum looking only for a long term property knowing they were selling after one year.

I find that the tenant was offered and accepted a one-year fixed term tenancy therefore she can have no reasonable expectation of a longer term tenancy.

This part of the claim is dismissed. Filing fee

As the landlord has been wholly successful and the tenant has been partly successful, I decline to make any award for the respective filing fees. Name suppression

Both parties agree to name suppression for each other.

Claims and awards in Tenancy Tribunal application 5299959 — net $842.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,190.00		Rent arrears
Water rates	$247.80		Water rates
Compensation: Breach of quiet enjoyment		$595.00	Breach of quiet enjoyment
Total award	$1,437.80	$595.00
Net award	$842.80
Total payable by Tenant to Landlord	$842.80

Order

By consent, suppression of the Tenant and Landlord name and identifying details.
[The tenant/s] to pay [The landlord/s] $842.80 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,380.00 ([Bond number suppressed]) immediately apportioned as shown in table below.
All other claims are dismissed.

Reasons

Both parties attended the hearing.
The tenant has applied for refund of the bond and compensation of $4,690.00 for loss of amenity, failure to maintain the premises, and moving costs.
The landlord has applied for rent arrears and water rates following the end of the tenancy.
This was a fixed term tenancy which commenced on 17 August 2024 and was due to run until 16 August 2025. The parties agreed to end the tenancy early on 6 June 2025.

How much is owed for rent and water rates?

The tenancy ended on 6 June 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

Did the tenant suffer any loss of amenity for a locked room and garage?

The tenant says she was not aware there was a locked bedroom on the premises until she moved in. The tenant confirmed that the premises was advertised as a 2-bed, and she thought this was just a locked cupboard at the viewing.
I do not find that the locked room nor the garage were offered as part of this tenancy. The landlord has provided a statement from another person who viewed the premises on the same day as the tenant. They say that the landlord made it clear that the 3 rd bedroom and garage were to remain locked and were not part of the tenancy, although this may change in the future. I also find that it was up to the tenant to make her own enquiries if she believed there was a locked cupboard. The tenancy agreement also makes it clear that the garage is not included with the tenancy.
This part of the tenant’s claim is dismissed. Did the landlord breach their responsibilities under section 45 of the Residential Tenancies Act 1986 (“RTA”)?
[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 provide the premises in a reasonable state of cleanliness and provide and maintain the premises in a reasonable state of repair.
The tenant says that the locked room was mouldy and caused her to have a chest infection. The tenant says the HRV system outside the room spread mould spores throughout the premises.
I find that the locked room was not part of this tenancy and it had no effect on the rest of the premises. Although there was a minor area of mould on the window frame when the room was opened, there is no evidence that it affected the rest of the premises, nor that it affected the tenant’s health.
This part of the tenant’s claim is dismissed. Did the landlord breach the tenant’s quiet enjoyment?
[The tenant/s] claims the landlord breached her quiet enjoyment of the premises over a 2.5 week period. The tenant says she was notified that the owner was coming to clear out the room and garage over a few days and then hold a garage sale, but this turned into a couple of weeks. The tenant says the landlord usually notified her before coming but some family members and members of the public were coming and going without any notification.
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.
I find that the landlord over-stepped and breached the tenant’s quiet enjoyment of the premises. Although the tenant agreed to a few days for clearing and the garage sale, she was not in any position to refuse, and the comings and goings of multiple people was unreasonable and went on for too long.
I award $595.00 (one week of rent) as fair reasonable and proportionate compensation for the loss.

Did the landlord promise more than a one year fixed term tenancy?

The tenant says she wants the landlord to pay something towards moving costs as the landlord was aware she was only looking for a long term tenancy. The tenant says the landlord should not have tenanted the house to a single mum looking only for a long term property knowing they were selling after one year.
I find that the tenant was offered and accepted a one-year fixed term tenancy therefore she can have no reasonable expectation of a longer term tenancy.
This part of the claim is dismissed. Filing fee
As the landlord has been wholly successful and the tenant has been partly successful, I decline to make any award for the respective filing fees. Name suppression
Both parties agree to name suppression for each other.

Tenancy Tribunal case 5299959 — Rent arrears

At a glance

Tenancy Tribunal case 5299959 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

Did the tenant suffer any loss of amenity for a locked room and garage?

Did the landlord promise more than a one year fixed term tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

Did the tenant suffer any loss of amenity for a locked room and garage?

Did the landlord promise more than a one year fixed term tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions