Published tribunal order
Tenancy Tribunal case 5336501 — Exemplary damages at 38C Wordsworth Crescent, Maraenui, Napier 4110
Decided 7 Jan 2026 · Published 7 Jan 2026 · Application 5336501
- 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 Tenants name and identifying details. This will be able to be revisited at the next hearing if suppression is to continue.
- The 90-day notice to terminate issued on the 25 th July 2025 is declared to be retaliatory and of no effect.
- Markus Boesch and Monika Boesch as Trustees of Boesch Family trust is to pay the sum of $1000.00 immediately as exemplary damages for issuing a retaliatory notice.
- The hearing is adjourned.
- A further 150 minutes should be allowed for the next hearing of this matter, scheduled before Adjudicator King, in person at the [Event location suppressed] on the next available date, together with the hearing of the case 5336424.
- If either party wishes to file further evidence, they are to do so no later than 5 working days before the hearing.
Reasons
- Ms Bennett appeared as the agent for the landlord, Mr and Mrs Boesch appeared as trustees of the trust that owns the property and both tenants appeared, with their mother and social worker from the [redacted] programme at Te Whatu Ora, [redacted] as a support person.
- By way of background, this property is 38C Worsworth Crescent. The tenants mother occupies [address]. The respondent landlords owns both of the properties, and in fact owns a third neighbouring property.
- These tenants, through [support person], raised concerns and asked the landlord to remedy some issues. That occurred. The tenants in this case then asked for [support person] to check on the other property occupied by her mother. In doing so requests were also made to remedy the mother’s residence.
- Four days after the request was made in relation to her mother’s property, both she and these tenants were issued with a 90 day termination notice.
- The mother took a claim to the tenancy tribunal claiming the notice to be retaliatory and was successful. The remainder of her claims are to be heard in person before the same adjudicator.
- Today, I am asked to make a finding in this case in relation to the notice being retaliatory. I will do so and adjourn the remaining issues to come before the same Adjudicator dealing with the other property, this will ensure consistency.
- For a notice to be declared retaliatory, the tenant must prove that in terminating the tenancy, the landlord was motivated wholly or partly by the tenant exercising a right under the tenancy agreement or any Act, or by any complaint against the landlord. See section 54(1) Residential Tenancies Act 1986.
- Giving a termination notice which is declared to be retaliatory is an unlawful act for which exemplary damages may be awarded, up to a maximum of $6,500.00. See section 54(2), (3) and Schedule 1A Residential Tenancies Act 1986.
- An email was submitted by the tenant that was sent on the 27 th July 2025 from the landlord to the property manager that confirms, on my interpretation, that it was timely to terminate given the issues that had arisen with this tenants mothers home.
- Ms Bennet confirms that she had spoken to the landlords back in May about selling but did not know why they were thinking of selling. Further she confirmed that a market appraisal was obtained, but this was dated 1 October 2024.
- There is no suggestion that there has been any further attempt to market or carry out renovations. Although the landlords did state they had been overseas and then on their return had the two Tribunal hearings.
- Having considered all of the evidence I find on the balance of probabilities that the landlord has committed an unlawful act, in that the notice was retaliatory. The notice to terminate her tenancy was motivated by the request of her mother to remedy her own home.
- Where a party has issued a retaliatory notice, the Tribunal may award exemplary damages where it is satisfied it would be just to do so taking into account the effect of the unlawful act, the interests of the other party, and the public interest. For completeness giving of a retaliatory notice does not have to be intentional to award exemplary damages for a breach. See section 109(3) and (3A) Residential Tenancies Act 1986.
- Having considered the length of this tenancy being of some six years and the fact that the tenant has made a considerable attempt to find alternative accommodation without success causing significant stress for this whanau I make an exemplary damages award of $1000.00.
- The case is adjourned and the parties will be notified of the time and day accordingly.