What was Tenancy Tribunal case 5313899 about?

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

How much money was awarded in case 5313899?

Compensation: loss of enjoyment of t…: $1,000.00 awarded to tenant; Rent Arrears: $1,750.00 awarded to landlord

What type of tenancy dispute was case 5313899?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5313899?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12437006-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5313899 about?

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

How much money was awarded in case 5313899?

Compensation: loss of enjoyment of t…: $1,000.00 awarded to tenant; Rent Arrears: $1,750.00 awarded to landlord

What type of tenancy dispute was case 5313899?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5313899?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12437006-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5313899 — Rent arrears

Claims and awards in Tenancy Tribunal application 5313899 — net $750.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 3 June 2025	$1,750.00		Rent arrears to 3 June 2025
Compensation: loss of enjoyment of tenancy		$1,000.00	loss of enjoyment of tenancy
Total award	$1,750.00	$1,000.00
Net award	$750.00
Bond	$1,800.00
Total payable by Tenant to Landlord	$750.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details of both parties.
[The tenant/s] to pay [The landlord/s] $750.00 from the bond, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) immediately apportioned as follows: • [The landlord/s]: • $750.00 • [The tenant/s]: • $1,050.00
The tenant’s application for exemplary damages is dismissed.

Reasons

Both parties attended the hearing. I heard evidence from them and from a witness for the landlord, the father of one of them.
The tenant has applied for a refund of his bond and for compensation and/or exemplary damages for a loss of enjoyment of the tenancy mainly due to the bathroom being unrepaired and other issues such as the loss of enjoyment of the front garden area while a fence was built. He also seeks the filing fee.
The landlord has applied for rent arrears to be paid from the bond and the filing fee. Background
The tenancy started on 27 November 2024 and was for a fixed term ending on 27 November 2025.
The tenant vacated the tenancy on 3 June 2025. He had knee surgery that required a lengthy period of convalescence, so his mobility was restricted.
There was a leak in the bathroom (apparently from the toilet) that caused water damage in the bathroom and the hallway That required contractors to have access to the premises. The bath was removed from the bathroom, though there was still a working shower and toilet.
The landlord had to do other work for compliance with the Healthy Homes Standards (HHS). That included sealing windows and replacing guttering. The landlord also decided to replace a fence.
The tenant felt that, due to the on-going repairs, the premises were unliveable especially as his mobility was restricted. He left the tenancy and went into emergency accommodation. He has since entered another tenancy.
The tenant filed his application for compensation and/or exemplary damages on 4 June 2025. The landlord then filed an application for rent arrears to the date the tenant vacated the tenancy. Issues
The issues the Tribunal must decide are these: •Has the tenant proved claims for compensation and/or exemplary damages against the landlord? If so, what should be the remedy? •Has the landlord proved a claim for rent arrears? Relevant law
Section 40 of the Residential Tenancies Act 1986 (RTA) sets out a tenant’s responsibilities. Included among them are the responsibility to pay rent when due; to keep the premises reasonably clean and tidy; to leave the premises in a reasonably clean and tidy condition; and to quit the premises when the tenancy ends.
Section 45 RTA sets out a landlord’s responsibilities. Included among them are the responsibility to provide the premises in a reasonably clean state; to provide and maintain the premises in a reasonable state of repair (having regard to the age and character of the premises); and to comply with the Healthy Homes Standards (HHS). Compensation and exemplary damages
The Tribunal may award compensation to a party for losses arising from a proven breach or breaches by the other party of their statutory responsibilities.
Compensation is generally awarded for actual losses and sometimes for less tangible effects of proven breaches such as a loss of enjoyment of the tenancy and the accompanying stress and anxiety.
In Birch v Otautahi Community Housing Trust 1 the District Court confirmed that the Tribunal must consider the following factors when deciding to award compensation: • The nature of the breach; • The duration of the breach; and • The effect of the breach on the party.
Exemplary damages are different. They are designed to punish and to deter. They are like a fine.
Exemplary damages are awarded at the Tribunal’s discretion when one party has proved that the other party has committed a defined unlawful act. If that is proven, and before the Tribunal may award exemplary damages, it must take account of the factors set out in section 109 RTA. Those factors are: • The intention of the person; • The effect of the unlawful act; • The interests of the party against whom the unlawful act was committed; and • The public interest. 1 [2020] NZDC 17667 Discussion Has the tenant proved claims for compensation and/or exemplary damages against the landlord? If so, what should be the remedy?
As I have noted, exemplary damages are awarded only when one party has proved that the other party has committed a defined unlawful act.
The tenant has not proved that the landlord committed any unlawful act. The landlord gave evidence that they obtained a HHS assessment and then acted on the issues where compliance was not established. That required some repair work.
This is not a case where the landlord failed to comply with their section 45 RTA responsibilities. Rather, it is a case where the tenant was inconvenienced by repair work and as a result experienced a loss of enjoyment of the tenancy.
Even when the Tribunal finds there was no unlawful act, it can still consider a claim for compensation for the landlord’s breach – see Cavanagh v Kāinga Ora 2 .
The tenant’s photos show that the bathroom repairs, not completed, meant that his use of the bathroom (given his reduced mobility following knee surgery) was significantly impacted, and there were issues with the hallway floor also affected by the flooding. Then, for a shorter period of some weeks, his enjoyment of the exterior of the premises was affected by the fencing work that required a tree to be removed from the front lawn area resulting in what he called a ‘mud bath’. This in turn reduced the area he could access and for his dog to access.
The photos the tenant produced in evidence show the extent of the work in the bathroom with black mould evident and walls and flooring exposed. The landlord’s witness (who arranged for work to be completed and generally kept an eye on the premises as the landlord lives in another town) agreed that the photos showed the state of the bathroom.
I find that the tenant experienced a significant loss of enjoyment of the tenancy. That loss was recognised by the landlord too. For the last 9 weeks of the tenancy the landlord reduced the rent by $100.00 per week.
Taking that reduction into account (itself a form of compensation) I award the tenant compensation of $1,000.00 for his loss of enjoyment of the tenancy due to the repair work (not all completed) after the flooding event and the other work carried out at the premisses. This encompasses all the tenant’s losses – higher power bills due to using heaters to dry the premises, a loss of amenity, and the general stress that he experienced due to these issues. 2 [2022] NZDC 7003

Has the landlord proved a claim for rent arrears?

The landlord produced a rent summary in evidence. The tenant agreed that the rent summary was mathematically correct.
I find the landlord’s claim for rent arrears to 3 June 2025 proved. I award the landlord rent arrears of $1,750.00. Result
The landlord’s application for rent arrears is successful in the amount of $1,750.00.
The tenant’s application for compensation for the loss of enjoyment of the tenancy due to repair work, some repairs uncompleted, is successful in the amount of $1,000.00.
The tenant’s application for exemplary damages is dismissed.
The bond will therefore be split between the parties - $750.00 to the landlord and $1,050.00 to the tenant.
I make no order reimbursing the filing fees the parties paid. Each has been successful; an award to one would be cancelled by an award to the other. Name suppression
Both parties applied for name suppression. Because both parties have succeeded in their applications, they are both entitled to orders for name suppression 3 .

Claims and awards in Tenancy Tribunal application 5313899 — net $750.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 3 June 2025	$1,750.00		Rent arrears to 3 June 2025
Compensation: loss of enjoyment of tenancy		$1,000.00	loss of enjoyment of tenancy
Total award	$1,750.00	$1,000.00
Net award	$750.00
Bond	$1,800.00
Total payable by Tenant to Landlord	$750.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details of both parties.
[The tenant/s] to pay [The landlord/s] $750.00 from the bond, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) immediately apportioned as follows: • [The landlord/s]: • $750.00 • [The tenant/s]: • $1,050.00
The tenant’s application for exemplary damages is dismissed.

Reasons

Both parties attended the hearing. I heard evidence from them and from a witness for the landlord, the father of one of them.
The tenant has applied for a refund of his bond and for compensation and/or exemplary damages for a loss of enjoyment of the tenancy mainly due to the bathroom being unrepaired and other issues such as the loss of enjoyment of the front garden area while a fence was built. He also seeks the filing fee.
The landlord has applied for rent arrears to be paid from the bond and the filing fee. Background
The tenancy started on 27 November 2024 and was for a fixed term ending on 27 November 2025.
The tenant vacated the tenancy on 3 June 2025. He had knee surgery that required a lengthy period of convalescence, so his mobility was restricted.
There was a leak in the bathroom (apparently from the toilet) that caused water damage in the bathroom and the hallway That required contractors to have access to the premises. The bath was removed from the bathroom, though there was still a working shower and toilet.
The landlord had to do other work for compliance with the Healthy Homes Standards (HHS). That included sealing windows and replacing guttering. The landlord also decided to replace a fence.
The tenant felt that, due to the on-going repairs, the premises were unliveable especially as his mobility was restricted. He left the tenancy and went into emergency accommodation. He has since entered another tenancy.
The tenant filed his application for compensation and/or exemplary damages on 4 June 2025. The landlord then filed an application for rent arrears to the date the tenant vacated the tenancy. Issues
The issues the Tribunal must decide are these: •Has the tenant proved claims for compensation and/or exemplary damages against the landlord? If so, what should be the remedy? •Has the landlord proved a claim for rent arrears? Relevant law
Section 40 of the Residential Tenancies Act 1986 (RTA) sets out a tenant’s responsibilities. Included among them are the responsibility to pay rent when due; to keep the premises reasonably clean and tidy; to leave the premises in a reasonably clean and tidy condition; and to quit the premises when the tenancy ends.
Section 45 RTA sets out a landlord’s responsibilities. Included among them are the responsibility to provide the premises in a reasonably clean state; to provide and maintain the premises in a reasonable state of repair (having regard to the age and character of the premises); and to comply with the Healthy Homes Standards (HHS). Compensation and exemplary damages
The Tribunal may award compensation to a party for losses arising from a proven breach or breaches by the other party of their statutory responsibilities.
Compensation is generally awarded for actual losses and sometimes for less tangible effects of proven breaches such as a loss of enjoyment of the tenancy and the accompanying stress and anxiety.
In Birch v Otautahi Community Housing Trust 1 the District Court confirmed that the Tribunal must consider the following factors when deciding to award compensation: • The nature of the breach; • The duration of the breach; and • The effect of the breach on the party.
Exemplary damages are different. They are designed to punish and to deter. They are like a fine.
Exemplary damages are awarded at the Tribunal’s discretion when one party has proved that the other party has committed a defined unlawful act. If that is proven, and before the Tribunal may award exemplary damages, it must take account of the factors set out in section 109 RTA. Those factors are: • The intention of the person; • The effect of the unlawful act; • The interests of the party against whom the unlawful act was committed; and • The public interest. 1 [2020] NZDC 17667 Discussion Has the tenant proved claims for compensation and/or exemplary damages against the landlord? If so, what should be the remedy?
As I have noted, exemplary damages are awarded only when one party has proved that the other party has committed a defined unlawful act.
The tenant has not proved that the landlord committed any unlawful act. The landlord gave evidence that they obtained a HHS assessment and then acted on the issues where compliance was not established. That required some repair work.
This is not a case where the landlord failed to comply with their section 45 RTA responsibilities. Rather, it is a case where the tenant was inconvenienced by repair work and as a result experienced a loss of enjoyment of the tenancy.
Even when the Tribunal finds there was no unlawful act, it can still consider a claim for compensation for the landlord’s breach – see Cavanagh v Kāinga Ora 2 .
The tenant’s photos show that the bathroom repairs, not completed, meant that his use of the bathroom (given his reduced mobility following knee surgery) was significantly impacted, and there were issues with the hallway floor also affected by the flooding. Then, for a shorter period of some weeks, his enjoyment of the exterior of the premises was affected by the fencing work that required a tree to be removed from the front lawn area resulting in what he called a ‘mud bath’. This in turn reduced the area he could access and for his dog to access.
The photos the tenant produced in evidence show the extent of the work in the bathroom with black mould evident and walls and flooring exposed. The landlord’s witness (who arranged for work to be completed and generally kept an eye on the premises as the landlord lives in another town) agreed that the photos showed the state of the bathroom.
I find that the tenant experienced a significant loss of enjoyment of the tenancy. That loss was recognised by the landlord too. For the last 9 weeks of the tenancy the landlord reduced the rent by $100.00 per week.
Taking that reduction into account (itself a form of compensation) I award the tenant compensation of $1,000.00 for his loss of enjoyment of the tenancy due to the repair work (not all completed) after the flooding event and the other work carried out at the premisses. This encompasses all the tenant’s losses – higher power bills due to using heaters to dry the premises, a loss of amenity, and the general stress that he experienced due to these issues. 2 [2022] NZDC 7003

Has the landlord proved a claim for rent arrears?

The landlord produced a rent summary in evidence. The tenant agreed that the rent summary was mathematically correct.
I find the landlord’s claim for rent arrears to 3 June 2025 proved. I award the landlord rent arrears of $1,750.00. Result
The landlord’s application for rent arrears is successful in the amount of $1,750.00.
The tenant’s application for compensation for the loss of enjoyment of the tenancy due to repair work, some repairs uncompleted, is successful in the amount of $1,000.00.
The tenant’s application for exemplary damages is dismissed.
The bond will therefore be split between the parties - $750.00 to the landlord and $1,050.00 to the tenant.
I make no order reimbursing the filing fees the parties paid. Each has been successful; an award to one would be cancelled by an award to the other. Name suppression
Both parties applied for name suppression. Because both parties have succeeded in their applications, they are both entitled to orders for name suppression 3 .

Tenancy Tribunal case 5313899 — Rent arrears

At a glance

Tenancy Tribunal case 5313899 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Has the landlord proved a claim for rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Has the landlord proved a claim for rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions