Published tribunal order
Tenancy Tribunal case 5315626 — Exemplary damages at 11B Campbell Road, Takapuna, Auckland 0622
Decided 12 Jan 2026 · Published 12 Jan 2026 · Application 5315626
- Exemplary damages
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
- The Tenancy Tribunal order dated 28 October 2025 in respect of the loss of amenity is reduced by $270.00.
- In all other respects the order dated 28 October 2025 stands with the total owed by the landlord to the tenant being $3,658.00.
Reasons
- Both parties attended the hearing by video.
- On 28 October 2025 the Tribunal made an order granting exemplary damages (section 45) of $2,400.00, compensation (loss of amenity) of $1,500.00 and the filing fee of $28.00. A total of $3,928.00 was awarded in favour of the tenant.
- Barfoot and Thompson applied for a rehearing of the Tribunal order dated 28 October 2025 as they consider that the Adjudicator failed to take account of specific evidence produced at the hearing.
- The evidence relied on is the rent summary.
- In the order it states at paragraph 32: The landlord produced an email dated 8 July 2025 which confirmed an offer for rent relief of $50.00 per week over a five-week period from 13 June 2025 until 24 July 2025 (total of $250.00). Apparently, this was accepted by the tenants, but the rent summary produced does not include any rent relief in the “Rent Amount Due” column.
- At the rehearing consideration hearing the landlord advised that the tenant had received a rent relief of $270.00. The landlord said that the accounting system used by the company does not change the amount of rent due in the rent summary when a rent credit is given to a tenant. Most other property management companies record rent relief by reducing the amount due.
- The tenant acknowledged that they had received a rent relief totalling $270.00. The rent summary also includes small asterisks next to the relevant amounts paid and at the foot of the rent summary it states, “there is a rent reduction within the period”. When looking at the rent summary as a whole it is not clear whether a rent reduction has been applied or the tenant has just paid less rent that week.
- However, on balance the landlord has established that the tenant received rent relief of $270,.00, which the tenant has acknowledged, and therefore the amount of loss of amenity is reduced by $270.00.
- The remaining content of the order stands.
- As the successful party the tenant’s name is suppressed as sought.