What was Tenancy Tribunal case 5334702 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 5334702?

Compensation: Breach of quiet enjoym…: $1,000.00 awarded to tenant; Property Damage: $2,000.00 awarded to tenant; Rent Arrears: $10,000.00 awarded to landlord

What type of tenancy dispute was case 5334702?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5334702?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13124509-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5334702 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 5334702?

Compensation: Breach of quiet enjoym…: $1,000.00 awarded to tenant; Property Damage: $2,000.00 awarded to tenant; Rent Arrears: $10,000.00 awarded to landlord

What type of tenancy dispute was case 5334702?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5334702?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13124509-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5334702 — Rent arrears

Claims and awards in Tenancy Tribunal application 5334702 — net $7,000.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 15 February 2026	$10,000.00		Rent arrears to 15 February 2026
Compensation: Breach of quiet enjoyment		$1,000.00	breached their quiet enjoyment. They seek compensation for this breach.
Exemplary damages: Harassment		$2,000.00	ely to be an aggravating factor. For these reasons, I order the landlord to pay $2,000.00 in exemplary damages, which is equivalent to two-thirds of the maximu…
Total award	$10,000.00	$3,000.00
Net award	$7,000.00
Total payable by Tenant to Landlord	$7,000.00

Claims and awards in Tenancy Tribunal application 5334702 — net $7,000.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 15 February 2026	$10,000.00		Rent arrears to 15 February 2026
Compensation: Breach of quiet enjoyment		$1,000.00	breached their quiet enjoyment. They seek compensation for this breach.
Exemplary damages: Harassment		$2,000.00	ely to be an aggravating factor. For these reasons, I order the landlord to pay $2,000.00 in exemplary damages, which is equivalent to two-thirds of the maximu…
Total award	$10,000.00	$3,000.00
Net award	$7,000.00
Total payable by Tenant to Landlord	$7,000.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s and Tenant’s name and identifying details.
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59pm, Friday 20 February 2026.
[The tenant/s] must pay [The landlord/s] $7,000.00 immediately, calculated as shown in the table below.

Reasons

Both parties attended the hearing on 13 February 2026.
The landlord seeks termination of the tenancy due to rent arrears. The tenant seeks compensation and exemplary damages for breaches of quiet enjoyment. The issues I must determine are: a. Did the landlord breach the tenant’s quiet enjoyment? b. Should exemplary damages be ordered? c. How much does the tenant owe in rent arrears? d. Should the tenancy be terminated?
The tenant requested an adjournment of the hearing, because they are in the process of preparing for a Family Court hearing. The date of the Family Court hearing has not been scheduled yet. I declined the tenant’s request, because the level of rent arrears is high. The Tribunal must exercise its jurisdiction in a manner that promotes the fair and expeditious resolution of disputes. 1 These proceedings have already been adjourned once at the request of both parties. The proceedings are aged, and it would not be fair to the landlord to adjourn the hearing again, given the high level of rent arrears.
The landlord sought to advance an additional claim at the hearing, namely a claim for compensation for an alleged breach that the tenant has had more than the maximum number of occupants living at the premises. The landlord’s written application does not refer to this matter, nor does the notice of hearing. This means the tenant has not received appropriate notice of the fact that the hearing would consider such a claim today. 2 For this reason, I declined to allow the landlord to advance this additional claim at the hearing. Standard of proof
Each party must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence 1 Residential Tenancies Act 1986, section 85(1). 2 Residential Tenancies Act 1986, section 91(1). presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.
The parties both gave a lot of evidence at the hearing. Whilst this decision might not refer to all of the evidence, the parties can be assured that I have considered it. TENANT’S CLAIMS Did the landlord breach the tenant’s quiet enjoyment? The law
Section 38 of the RTA confirms that the tenant “shall be entitled to have quiet enjoyment of the premises without interruption by the landlord”, and further at subsection 2 that the landlord “shall not cause or permit any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises by the tenant.” The Act further confirms that contravention of subsection 2 in circumstances that amount to harassment of the tenant, is an unlawful act. 3
In the context of section 38, “quiet” means peaceful, not merely free from noise, and “enjoyment” means the right to full use and benefit of the tenancy property. 4
The term “Harassment” is not defined in the Act. It is defined in section 3 of the Harassment Act 1997 which deals with harassment in the context of either a criminal charge or the making of a restraining order against a person. However Judge Harland in MacDonald v Dodds (CIV-2009-019-1524, District Court Hamilton, 26 February 2010), considered that the dictionary definition of “harassment” was more appropriate in the context of s 38(3), rather than the definition in the Harassment Act. The Court in that case adopted the definition in the Oxford English Dictionary, which defines “harassment” as “to trouble, worry, or distress” or “to wear out, tire out or exhaust”. The Judge accepted that harassment indicates a particular pattern of behaviour directed towards another person.
In the Concise Oxford Dictionary “harass” is defined as “torment by subjecting to constant interference or intimidation”. Further assistance can be obtained from the definition in Black’s Law Dictionary where harassment is defined as: Words, conduct, or action (usu. repeated or persistent) that, being directed at a specific person, annoys, alarms, or causes 3 Residential Tenancies Act 1986, section 38(3) and Schedule 1A. 4 Residential Tenancy Law in New Zealand S. Benson (2018). substantial emotional distress in that person and serves no legitimate purpose.
From these definitions, it seems that there must be evidence of some ongoing intentional actions directed at a specific person which causes distress to them. Therefore, a single act of interference with the tenant’s quiet enjoyment would be unlikely to amount to harassment. However in Whatiura v Shoulder (Palmerston North TT 12/87, 16 March 1987) the Adjudicator noted that “although the term usually refers to repeated acts of some kind, I take the view that it can extend to a single act on one occasion of sufficient seriousness.” Evidence and submissions of the parties
The landlord claims that around late June 2025, they received a complaint from a neighbour that the tenant was using drugs and playing loud music at the premises. The landlord visited the premises to discuss the neighbour’s concerns with the tenant and verify whether the complaint was true. There is some disagreement about whether the landlord had the tenant’s permission to visit the premises, as well as whether the landlord entered the premises or not. The tenant’s claim for breach of quiet enjoyment does not centre around this visit and therefore, I do not need to make a factual finding on this issue.
The tenant’s claim centres around text messages and phone calls made by the landlord to the tenant in early July 2025.
The landlord’s concerns regarding the tenant’s behaviour endured after their visit in late June 2025. On 6 July 2025 at 9:20am, the tenant sent the landlord the following text message: No smoke. No loud music. Everything good. I have my bf and his 2 daughters stay last night. That is only noise.
The tenant claims the landlord then sent them multiple text messages. The tenant submitted copies of 8 separate text messages sent by the landlord between 7:37pm and 8:50pm on 6 July 2025. Some of these read as follows: I was contacted but to you are only and daughter was visit night of some day..but if you visit boyfriend a lot and with daughter I didn’t expected why not go to boyfriend house? As was listing times lot of want to make contract and they are all family and I was want to many people, do not want to stay but you make a break the rules If you boyfriend want to visit regularly please close contract... due to I only and you explain 1 person and daughter Stay... ...
On 8 July 2025, there was a phone call between the landlord and a third party the tenant had asked to speak on their behalf. There is some disagreement whether the landlord called the tenant, or the tenant called the landlord. There is also some disagreement about whether the third party introduced themselves as the tenant’s lawyer or support person.
The landlord claims the third party introduced themselves as the tenant’s lawyer and began referring to a number of laws the landlord had apparently breached. The landlord claims their English is not particularly good and they found the conversation overwhelming. It is quite clear that the landlord was alarmed and panicked by the idea that the tenant had instructed a lawyer. The landlord sent the tenant more than 20 text messages and tried to call them 55 times after the phone call. The tenant submitted copies of the text messages and their call history.
Some of the text messages read as follows: Hi I want to know her name for phone just 6:49pm of 8 th July who was told me I am lawyer 3 times...and please make Tenancy Tribunal asap I need her name and lawyer licence number right now due to I need contact with my lawyer You did not phone receive and please provider lawer namd and licience number I need ask my lawer I was embarrassed and felt psychologically threatened when she said she was a lawyer. She spoke to me in a very forceful manner. I am not a first language, English is not my first language, and she spoke to me in a very forceful manner. I was embarrassed and felt very threatened when she said she was a lawyer. So I need her information to consult my lawyer. ....
Other text messages also include attempts by the landlord to end the tenancy. For example: ... Additionally, I have been informed by a neighbor that you are currently present in the property. Previously, you agreed that I would be allowed to check whether smoking was taking place at the house until 11 July 2025. However, you denied this agreement, which I consider a breach of out mutual understanding. In light of this breach and the unauthorised threatening communication, I hereby give you formal notice of immediate termination of your tenancy agreement. ...
The tenant claims it was very distressing to receive so many text messages and missed calls. They describe feeling bombarded and harassed. The tenant gave evidence that they had a lot going on in their personal life at the same time and it was very stressful dealing with these communications from the landlord. The tenant claims they did not feel sale living at the premises following the incident.
The landlord accepts that they texted and called the tenant a lot on 8 July 2025 but claims this was because the tenant was not replying. The landlord also said they were concerned the tenant had instructed a lawyer and believed that they needed to instruct one too. The landlord claims this is the only occasion they have communicated with the tenant in this way. Analysis
The text messages and call history submitted by the tenant prove the landlord tried to call them 55 times and sent them more than 20 text messages on 8 July 2025. Some of the text messages include attempts to end the tenancy with immediate effect. By trying to contact the tenant so many times in one day and purporting to end the tenancy, I find the landlord interfered with the reasonable peace, comfort and privacy of the tenant in the use of the premises.
I also find that the landlord’s behaviour reached the level of harassment. By calling the tenant 55 times and sending numerous text messages within a short space of time, the landlord engaged in a particular pattern of behaviour towards the tenant that was distressing and wore the tenant out. This is obvious from the tenant’s evidence that they felt bombarded by the communications and anxious.
The tenant has proven that the landlord breached their quiet enjoyment. They seek compensation for this breach. I find $1,000.00 to be reasonable having regard to the following factors: 5 a. The nature of the breach. The nature of the breach is serious. This is because the number of times the landlord tried to call the tenant in one day is high and was accompanied by more than 20 text messages. Further, the communications include attempts to end the tenancy immediately, which is not permitted under the RTA. b. The duration of the breach. The breach occurred over one day however, it involved multiple, repetitive communications or attempted communications within a short period of time. c. The effect of the breach on the tenant. The tenant was clearly distressed and upset by the incident. They described feeling bombarded, overwhelmed, anxious and concerned for their safety.

Should exemplary damages be ordered?

The law

I have found that the landlord breached the tenant’s quiet enjoyment in circumstances that amount to harassment. This is an unlawful act for which exemplary damages up to a maximum of $3,000.00 may be ordered. 6
Exemplary damages serve a different purpose from compensation. They are designed to punish and deter. They are like a fine.
Section 109(3) RTA states that exemplary damages may be ordered if the Tribunal determines the unlawful act was committed intentionally and it is just, having regard to the following factors: a. The intent of the person in committing the unlawful act; b. The effect of the unlawful act; c. The interests of the landlord or tenant against whom the unlawful act was committed; and d. The public interest.
In the District Court decision of Birch v Otautahi Community Housing Trust [2020] NZDC 17667, the Court needed to consider a case where the landlord had unlawfully entered the tenancy. That was not disputed. The evidence was that because of a misunderstanding around notices being given, the landlord 5 Birch v Otautahi Community Housing Trust [2020] NZDC 17667. 6 Residential Tenancies Act 1986, section 38(3) and Schedule 1A. went into the tenancy without the necessary notice having first been served on the tenant.
Judge Neave in the District Court agreed with an earlier summary of the law from the Tribunal 7 that: Before an award for exemplary damages can be made the threshold question for the Tribunal to answer is whether the unlawful act has been committed ‘intentionally’. In my view negligence does not equate to intention, and for the Tribunal to be satisfied that a party has ‘intentionally’ committed an unlawful act evidence must exist which would justify the Tribunal in coming to the conclusion that the party committing the unlawful act has in fact turned his or her mind to the act and deliberately set about to commit it.
Judge Neave went on to accept that the unlawful entry was made in error, and on that basis there was no intention established, therefore there was no basis to order exemplary damages. Analysis
I find the landlord acted intentionally when trying to call the tenant 55 times and sending over 20 text messages on 8 July 2025. The landlord accepts that they did these things because the tenant was not responding, and the landlord was concerned the tenant had instructed a lawyer. No evidence was given that the 55 attempted phone calls were a mistake or a result of an accidental pocket dial.
I find it just to order exemplary damages having regard to the following factors: a. The intent of the person in committing the unlawful act. I find the landlord acted intentionally. b. The effect of the unlawful act. I accept the tenant’s evidence that they felt bombarded, overwhelmed and anxious to receive 55 phone calls and more than 20 text messages in one day. c. The interests of the tenant against whom the unlawful act was committed. The tenant has a right to quiet enjoyment of the premises, and this was interfered with by the landlord. The tenant has an interest in being compensated for this. d. The public interest. There is a strong public interest in ensuring that landlords are discouraged from engaging in behaviour that amounts to harassment of the tenant. Where the landlord believes the tenant has 7 Chief Executive, ex party Edmonson v Walls North Shore TT 548/92 breached their obligations under the tenancy agreement or RTA, the appropriate course of action is to send the tenant a 14-day notice and file an application with the Tribunal if the breach is not remedied or continues to occur.
The usual approach of the Tribunal is to award one third of the maximum amount of exemplary damages unless there are aggravating or mitigating factors in play. 8
I consider the number of times the landlord tried to call and text the tenant to be an aggravating factor. I also find the fact that some of the text messages include attempts to end the tenancy immediately to be an aggravating factor. For these reasons, I order the landlord to pay $2,000.00 in exemplary damages, which is equivalent to two-thirds of the maximum amount available. LANDLORD’S CLAIMS

How much does the tenant owe in rent arrears?

The landlord submitted a rent summary, which proves rent arrears are $10,000.00 up to 15 February 2026. The most recent rent payment was due on 9 February 2026 and has not paid it. It is very unlikely it will be paid, because the tenant has not paid rent since 23 September 2025. The tenancy will end at 11:59pm on Friday, 20 February 2026. Therefore, I grant the landlord’s claim for rent arrears up to 15 February 2026 for $10,000.00.
The landlord filed their application on 15 October 2025 when rent arrears were only $1,214.26. Rent arrears have increased as a result of an adjournment both parties requested in December 2025. I am satisfied the landlord acted reasonably to mitigate their loss by filing an application in the Tribunal when rent arrears were at a moderate level.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. 9
In O’Shea v Brown HC Auckland VIC-2006-404-002053, 26 July 2006, the High Court held that if a tenant has a valid cross-application for compensation, then any amount awarded to the tenant should be set off against the rent arrears when determining whether the threshold for termination is met. This means that when considering whether the tenant is in arrears of 21 days or more, I must 8 Wellington Property Management Ltd v Hardie [2022] NZTT 4399281 4374781. 9 Residential Tenancies Act 1986, section 55 & 56(2). calculate the arrears by determining the arrears up to the date of the hearing and then deducting any award made to the tenant as part of their application.
The landlord submitted a rent summary, which records rent arrears as being $10,000.00 up to 15 February 2026. The hearing occurred on 13 February 2026, which means that rent arrears up to the date of the hearing are $9,857.16. From this figure, I must deduct $3,000.00, which is the total amount awarded to the tenant. This brings the total level of rent arrears to $6,857.16 (96 days). Because rent is more than 21 days in arrears at the date of the hearing, I must terminate the tenancy.
The landlord requests that the termination be immediate and the tenant requests that they be given one month to find alternative accommodation. The tenant has not paid rent since 23 September 2025 and the landlord is facing significant financial strain. For this reason, I order termination of the tenancy to occur at 11:59pm on Friday, 20 February 2026. This gives the tenant one week pack up their belongings and organise their affairs. Filing fee & name suppression
Both parties have been wholly successful with their applications. Therefore, I do not order either party to reimburse the filing fee. For the same reason, I grant both parties’ request for name suppression.
The landlord requested that the bond remain with the Bond Centre. Therefore, I have not ordered its release as part of this decision.

Tenancy Tribunal case 5334702 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5334702 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should exemplary damages be ordered?

How much does the tenant owe in rent arrears?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should exemplary damages be ordered?

How much does the tenant owe in rent arrears?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions