What was Tenancy Tribunal case 5316283 about?

The tribunal order states: [The tenant/s] landlord/s] must pay [The tenant/s] tenant/s] $1,828.00 immediately, calculated as

How much money was awarded in case 5316283?

Property Damage: $1,800.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5316283?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5316283?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12325799-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5316283 about?

The tribunal order states: [The tenant/s] landlord/s] must pay [The tenant/s] tenant/s] $1,828.00 immediately, calculated as

How much money was awarded in case 5316283?

Property Damage: $1,800.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5316283?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5316283?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12325799-Tenancy_Tribunal_Order.pdf.

Separate unit, 78 Whananaki North Road, Whakapara, RD Tenancy Tribunal Case 5316283 — Exemplary damages

Claims and awards in Tenancy Tribunal application 5316283 — net $1,828.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages as detailed below	$1,800.00	Exemplary damages as detailed below
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,828.00
Total payable by Landlord to Tenant	$1,828.00

Order

[The tenant/s] landlord/s] must pay [The tenant/s] tenant/s] $1,828.00 immediately, calculated as shown in table below:
The termination notice issued by the landlord on 19 July 2025 is unlawful and ineffective.

Reasons

Background

The property is a self-contained one-bedroom unit on Mr Dennis’ semi-rural property at 78 Whananaki North Road.
The tenancy began in March 2023. The rent is $250 per week.
The tenant’s application raises issues relating to unlawful entry, interference with peace comfort and privacy, unlawful termination, failure to lodge bond and removal of chattels.
The hearing took place in Whangarei on 27 August 2025. Both parties participated in the hearing. Findings
Mr Dennis is in his 80s. He is not an experienced landlord. He is not at all computer literate. He will forgive me for describing him as “old school”.
He said that his main motivation for renting out the unit was that he wanted someone to keep an eye on the property and look after his animals when he travelled. He wanted one, tidy, person to occupy the unit.
Things went well for most of the tenancy. Mr Clough gave Mr Dennis fish. Mr Dennis gave Mr Clough fruit and vegetables from his garden and preserves that his wife makes.
The relationship between Mr Clough and Mr Dennis soured in the last few months.
Mr Dennis is completely unfamiliar with the legal obligations of landlords.
It is proven that Mr Dennis: a. Failed to provide a written tenancy agreement. b. Failed to provide a healthy homes statement, insurance statement, or insulation statement. c. Entered the premises unlawfully on multiple occasions. d. Issued an unlawful two-week termination notice. e. Wrote some regrettable letters to Mr Clough. f. Threatened to cut off the power to the unit. g. Deprived Mr Clough of the use of the washing machine and threatened to remove the fridge. h. Was involved in a confrontation with Mr Clough on the day that he issued the termination notice, where he stood in the doorway and tried to hold the door open while Mr Clough was attempting to close it. It is important to note that Mr Clough was also in an angry and agitated state, and he agrees that he was shouting and swearing at Mr Dennis at the time.
All of the above actions are breaches of legal duties that landlords owe under the Residential Tenancies Act 1986. Most of them are unlawful acts, which means that the Tribunal may award exemplary damages. Exemplary damages are similar to a fine.
The Tenancy Tribunal is required to “determine each dispute according to the general principles of law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities” 1 .
The merits and justice of the case require a meaningful award of exemplary damages against Mr Dennis. He breached his legal duties in many respects. His actions have caused significant stress and anxiety for Mr Clough. Mr Clough said that he spends as much time as possible away from the unit because he does not know what Mr Dennis is going to do next.
For context, I acknowledge that Mr Dennis had his own frustrations with Mr Clough. He was disappointed with the way that Mr Clough kept the place. He was concerned that Mr Clough’s girlfriend was spending a lot of time at the unit, effectively becoming another occupant, which he never agreed to. He did not appreciate being yelled and sworn at. However, those breaches, even if proven, do not justify Mr Dennis’ own unlawful actions.
I will not make a separate award of exemplary damages for each proven breach. In my view, such an approach would result in award of damages that does not reflect the “substantial merits and justice of the case”. As an example, the maximum award of exemplary damages for every unlawful entry by a landlord is $1,500.00. The maximum award of exemplary damages for the landlord seeking to terminate a tenancy without reasonable grounds is $6,500.00. Mr Dennis made many mistakes, but a cumulative award would be excessively punitive.
Instead, I will take a global approach and award an amount that, in my view, properly takes into account the nature and extent of the breaches without being disproportionate.
I will award total exemplary damages of $1,800.00.
Mr Clough has been successful in this application and I must also award him the filing fee of $28.00. 2
For clarify, I will note that for as long as the tenancy lasts, Mr Clough has the right to use the washing machine and the fridge. 1 Section 85(2) Residential Tenancies Act 1986 (“RTA”) 2 Section 102(4)(a) RTA

Claims and awards in Tenancy Tribunal application 5316283 — net $1,828.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages as detailed below	$1,800.00	Exemplary damages as detailed below
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,828.00
Total payable by Landlord to Tenant	$1,828.00

Order

[The tenant/s] landlord/s] must pay [The tenant/s] tenant/s] $1,828.00 immediately, calculated as shown in table below:
The termination notice issued by the landlord on 19 July 2025 is unlawful and ineffective.

Reasons

Background

The property is a self-contained one-bedroom unit on Mr Dennis’ semi-rural property at 78 Whananaki North Road.
The tenancy began in March 2023. The rent is $250 per week.
The tenant’s application raises issues relating to unlawful entry, interference with peace comfort and privacy, unlawful termination, failure to lodge bond and removal of chattels.
The hearing took place in Whangarei on 27 August 2025. Both parties participated in the hearing. Findings
Mr Dennis is in his 80s. He is not an experienced landlord. He is not at all computer literate. He will forgive me for describing him as “old school”.
He said that his main motivation for renting out the unit was that he wanted someone to keep an eye on the property and look after his animals when he travelled. He wanted one, tidy, person to occupy the unit.
Things went well for most of the tenancy. Mr Clough gave Mr Dennis fish. Mr Dennis gave Mr Clough fruit and vegetables from his garden and preserves that his wife makes.
The relationship between Mr Clough and Mr Dennis soured in the last few months.
Mr Dennis is completely unfamiliar with the legal obligations of landlords.
It is proven that Mr Dennis: a. Failed to provide a written tenancy agreement. b. Failed to provide a healthy homes statement, insurance statement, or insulation statement. c. Entered the premises unlawfully on multiple occasions. d. Issued an unlawful two-week termination notice. e. Wrote some regrettable letters to Mr Clough. f. Threatened to cut off the power to the unit. g. Deprived Mr Clough of the use of the washing machine and threatened to remove the fridge. h. Was involved in a confrontation with Mr Clough on the day that he issued the termination notice, where he stood in the doorway and tried to hold the door open while Mr Clough was attempting to close it. It is important to note that Mr Clough was also in an angry and agitated state, and he agrees that he was shouting and swearing at Mr Dennis at the time.
All of the above actions are breaches of legal duties that landlords owe under the Residential Tenancies Act 1986. Most of them are unlawful acts, which means that the Tribunal may award exemplary damages. Exemplary damages are similar to a fine.
The Tenancy Tribunal is required to “determine each dispute according to the general principles of law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities” 1 .
The merits and justice of the case require a meaningful award of exemplary damages against Mr Dennis. He breached his legal duties in many respects. His actions have caused significant stress and anxiety for Mr Clough. Mr Clough said that he spends as much time as possible away from the unit because he does not know what Mr Dennis is going to do next.
For context, I acknowledge that Mr Dennis had his own frustrations with Mr Clough. He was disappointed with the way that Mr Clough kept the place. He was concerned that Mr Clough’s girlfriend was spending a lot of time at the unit, effectively becoming another occupant, which he never agreed to. He did not appreciate being yelled and sworn at. However, those breaches, even if proven, do not justify Mr Dennis’ own unlawful actions.
I will not make a separate award of exemplary damages for each proven breach. In my view, such an approach would result in award of damages that does not reflect the “substantial merits and justice of the case”. As an example, the maximum award of exemplary damages for every unlawful entry by a landlord is $1,500.00. The maximum award of exemplary damages for the landlord seeking to terminate a tenancy without reasonable grounds is $6,500.00. Mr Dennis made many mistakes, but a cumulative award would be excessively punitive.
Instead, I will take a global approach and award an amount that, in my view, properly takes into account the nature and extent of the breaches without being disproportionate.
I will award total exemplary damages of $1,800.00.
Mr Clough has been successful in this application and I must also award him the filing fee of $28.00. 2
For clarify, I will note that for as long as the tenancy lasts, Mr Clough has the right to use the washing machine and the fridge. 1 Section 85(2) Residential Tenancies Act 1986 (“RTA”) 2 Section 102(4)(a) RTA

Tenancy Tribunal case 5316283 — Exemplary damages at Separate unit, 78 Whananaki North Road, Whakapara, RD

At a glance

Tenancy Tribunal case 5316283 — Exemplary damages at Separate unit, 78 Whananaki North Road, Whakapara, RD

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.