What was Tenancy Tribunal case 5325205 about?

The tribunal order states: [The landlord/s] must pay [The tenant/s] $2,028.00 immediately.

How much money was awarded in case 5325205?

Compensation: $750.00 awarded to tenant; Property Damage: $1,250.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5325205?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5325205?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12806019-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5325205 about?

The tribunal order states: [The landlord/s] must pay [The tenant/s] $2,028.00 immediately.

How much money was awarded in case 5325205?

Compensation: $750.00 awarded to tenant; Property Damage: $1,250.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5325205?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5325205?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12806019-Tenancy_Tribunal_Order.pdf.

20 Waterton Place, Avondale, Auckland 1026 Tenancy Tribunal Case 5325205 — Exemplary damages

Claims and awards in Tenancy Tribunal application 5325205 — net $2,028.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation	$750.00	Compensation
Exemplary damages	$1,250.00	Exemplary damages
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,028.00
Total payable by Landlord to Tenant	$2,028.00

Order

[The landlord/s] must pay [The tenant/s] $2,028.00 immediately.

Reasons

Both parties attended the hearing. The landlord was supported by her partner. The tenant was supported by his son and Mr Singh.
The tenant claims the landlord has breached their obligations under section 60AA of the Residential Tenancies Act, 1986 (the Act).
Under Section 60AA a landlord must not give a notice to terminate the tenancy or apply to the Tribunal for such an order, knowing they are not entitled to do so.
Breaching this obligation without a reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $6,500.00. See section 60AA and Schedule 1A Residential Tenancies Act 1986.
On 3 June 2025 the parties signed a one-year fixed term tenancy agreement which was to start on 18 June 2025 and ending on the 17 June 2026.
On 9 June 2025 at 16.30 hrs, the tenant sent the landlord a video of his friend’s place, which the tenant says was as a comparison to the premises the landlord was renting to him. The landlord responded that he didn’t “need to send her his personal life”. At 16.37 hours the tenant telephoned the landlord. The call lasted 2 minutes 19 seconds. The landlord was offended by this; she considered it inappropriate. At 16.47 hours the landlord text messaged the tenant saying she didn’t want to rent to him anymore.
The landlord’s perspective is that the tenant was attempting to cross a boundary with her from a commercial relationship, to a personal relationship. Even if this is inappropriate behaviour, I do not consider this to be a reasonable excuse under the RTA to terminate the tenancy; it was two short communications within a ten minute period. The landlord communicated her disapproval to the tenant, and the tenant did not again attempt to cross the boundary before the landlord advised she was cancelling the tenancy agreement.
The landlord says that because the tenant agreed to the cancellation of the tenancy agreement, she has not committed an unlawful act. The landlord produced a record of the Wii-chat texts in which she says the tenant agreed to the cancellation of the tenancy agreement.
The tenant’s text messages sent on 9 June 2025 that the landlord referred me to include: “You handle it as you see fit”, “I don't care about anything” and “I'm fine with anything”.
I accept this could be interpreted to mean the tenant accepts the cancellation of the tenancy agreement. I do not accept that it goes so far as to mean the tenant abandons his statutory rights under the RTA to seek a remedy for the termination being unlawful under section 60AA.
Furthermore, I also note the tenant sent more text messages that indicate he is not happy that the landlord’s position of cancelling the tenancy agreement. On the contrary, he attempts to persuade her to not cancel the agreement. For example, the next day, on 10 June 2025 he sent the following texts: “Hello why the sudden change? Are you sure you don't want to rent anymore”, “I don't even know what made you unhappy”, “It's only been a few days and time is indeed a bit tight if we look for another place”, “How about this. Think about it, if there's anything wrong with the words or things done incorrectly, I'll correct it next time”, and “Alright since you've made-up your mind there's no point in me saying more.”
The tenant is seeking $1,000.00 damages for lost wages, and $4,000.00 exemplary damages for the landlord’s breach of the RTA section 60AA.
The landlord says that she believes the tenant’s claim is unreasonable because he agreed to end the tenancy.
When I look at the text messages between the parties on 9 June and 10 June 2025, I am not persuaded the tenant’s resignation to the landlord’s decision is consent to end the tenancy and not pursue any remedy. I determine the tenant has made it clear in several text messages and in a very reasonable tone, that he wishes the tenancy agreement to continue.
I determine the landlord has knowingly given notice to terminate the tenancy, not in accordance with any provision of the RTA. I find they have 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) RTA.
The tenant explained that he was looking for a new place to live because his two children were arriving in New Zealand to live with him. When he was unable to move into this property, he says he had to stay temporarily at a friend’s place with his children. The effect of the landlord’s unlawful act was to create moderate short-term hardship for himself and his two children. Following this the tenant says he had to take three days off work as a construction worker to look for an alternative property.
It is in the public interests that landlord’s act within the bounds of the RTA at all times, and if there are disputes, that they follow the correct channels in addressing them rather than take them into there own hands.
Breaching section 60AA of the RTA is a serious breach, and this is reflected in the available penalty. I consider a penalty of $1,250.00 is appropriate, and I note that this is somewhat less than 21 days’ rent for this property.
I also make an award, slightly reduced from the tenant’s claim, for the loss to the tenant due to time he took off work to find an alternative rental property.
Because the tenant has succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5325205 — net $2,028.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation	$750.00	Compensation
Exemplary damages	$1,250.00	Exemplary damages
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,028.00
Total payable by Landlord to Tenant	$2,028.00

Order

[The landlord/s] must pay [The tenant/s] $2,028.00 immediately.

Reasons

Both parties attended the hearing. The landlord was supported by her partner. The tenant was supported by his son and Mr Singh.
The tenant claims the landlord has breached their obligations under section 60AA of the Residential Tenancies Act, 1986 (the Act).
Under Section 60AA a landlord must not give a notice to terminate the tenancy or apply to the Tribunal for such an order, knowing they are not entitled to do so.
Breaching this obligation without a reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $6,500.00. See section 60AA and Schedule 1A Residential Tenancies Act 1986.
On 3 June 2025 the parties signed a one-year fixed term tenancy agreement which was to start on 18 June 2025 and ending on the 17 June 2026.
On 9 June 2025 at 16.30 hrs, the tenant sent the landlord a video of his friend’s place, which the tenant says was as a comparison to the premises the landlord was renting to him. The landlord responded that he didn’t “need to send her his personal life”. At 16.37 hours the tenant telephoned the landlord. The call lasted 2 minutes 19 seconds. The landlord was offended by this; she considered it inappropriate. At 16.47 hours the landlord text messaged the tenant saying she didn’t want to rent to him anymore.
The landlord’s perspective is that the tenant was attempting to cross a boundary with her from a commercial relationship, to a personal relationship. Even if this is inappropriate behaviour, I do not consider this to be a reasonable excuse under the RTA to terminate the tenancy; it was two short communications within a ten minute period. The landlord communicated her disapproval to the tenant, and the tenant did not again attempt to cross the boundary before the landlord advised she was cancelling the tenancy agreement.
The landlord says that because the tenant agreed to the cancellation of the tenancy agreement, she has not committed an unlawful act. The landlord produced a record of the Wii-chat texts in which she says the tenant agreed to the cancellation of the tenancy agreement.
The tenant’s text messages sent on 9 June 2025 that the landlord referred me to include: “You handle it as you see fit”, “I don't care about anything” and “I'm fine with anything”.
I accept this could be interpreted to mean the tenant accepts the cancellation of the tenancy agreement. I do not accept that it goes so far as to mean the tenant abandons his statutory rights under the RTA to seek a remedy for the termination being unlawful under section 60AA.
Furthermore, I also note the tenant sent more text messages that indicate he is not happy that the landlord’s position of cancelling the tenancy agreement. On the contrary, he attempts to persuade her to not cancel the agreement. For example, the next day, on 10 June 2025 he sent the following texts: “Hello why the sudden change? Are you sure you don't want to rent anymore”, “I don't even know what made you unhappy”, “It's only been a few days and time is indeed a bit tight if we look for another place”, “How about this. Think about it, if there's anything wrong with the words or things done incorrectly, I'll correct it next time”, and “Alright since you've made-up your mind there's no point in me saying more.”
The tenant is seeking $1,000.00 damages for lost wages, and $4,000.00 exemplary damages for the landlord’s breach of the RTA section 60AA.
The landlord says that she believes the tenant’s claim is unreasonable because he agreed to end the tenancy.
When I look at the text messages between the parties on 9 June and 10 June 2025, I am not persuaded the tenant’s resignation to the landlord’s decision is consent to end the tenancy and not pursue any remedy. I determine the tenant has made it clear in several text messages and in a very reasonable tone, that he wishes the tenancy agreement to continue.
I determine the landlord has knowingly given notice to terminate the tenancy, not in accordance with any provision of the RTA. I find they have 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) RTA.
The tenant explained that he was looking for a new place to live because his two children were arriving in New Zealand to live with him. When he was unable to move into this property, he says he had to stay temporarily at a friend’s place with his children. The effect of the landlord’s unlawful act was to create moderate short-term hardship for himself and his two children. Following this the tenant says he had to take three days off work as a construction worker to look for an alternative property.
It is in the public interests that landlord’s act within the bounds of the RTA at all times, and if there are disputes, that they follow the correct channels in addressing them rather than take them into there own hands.
Breaching section 60AA of the RTA is a serious breach, and this is reflected in the available penalty. I consider a penalty of $1,250.00 is appropriate, and I note that this is somewhat less than 21 days’ rent for this property.
I also make an award, slightly reduced from the tenant’s claim, for the loss to the tenant due to time he took off work to find an alternative rental property.
Because the tenant has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5325205 — Exemplary damages at 20 Waterton Place, Avondale, Auckland 1026

At a glance

Tenancy Tribunal case 5325205 — Exemplary damages at 20 Waterton Place, Avondale, Auckland 1026

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