What was Tenancy Tribunal case 5337196 about?

The tribunal order states: Gold Real Estate Group Limited As Agent For Gorbai Partnership is granted

How much money was awarded in case 5337196?

Property Damage: $1,500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $834.00 awarded to landlord

What type of tenancy dispute was case 5337196?

The primary dispute was Exemplary damages. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5337196?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12742063-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5337196 about?

The tribunal order states: Gold Real Estate Group Limited As Agent For Gorbai Partnership is granted

How much money was awarded in case 5337196?

Property Damage: $1,500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $834.00 awarded to landlord

What type of tenancy dispute was case 5337196?

The primary dispute was Exemplary damages. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5337196?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12742063-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 4, 7 Beverley Street, St Albans, Christchurch Tenancy Tribunal Case 5337196 — Exemplary damages

Claims and awards in Tenancy Tribunal application 5337196 — net $2,362.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 November 2025	$834.00	Rent arrears to 19 November 2025
Exemplary damages- failure to quit the premise	$1,500.00	failure to quit the premise
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,362.00
Total payable by Tenant to Landlord	$2,362.00

Order

Gold Real Estate Group Limited As Agent For Gorbai Partnership is granted possession of the premises at Flat 4, 7 Beverley Street, St Albans, Christchurch 8014 at 11:59pm on Wednesday 19 November 2025.
[The tenant/s] tenant/s] must pay Gold Real Estate Group Limited As Agent For Gorbai Partnership $2,362.00 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing on 19 November 2025 . The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, exemplary damages and reimbursement of the filing fee.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached his obligations by: a. Giving the landlord 21 days’ notice, on 2 July 2025, ending the tenancy on 21 July 2025 and then failing to move out of the premise on that date; b. At the landlord’s request, giving the landlord a second 21 days’ notice, on 6 August 2025, ending the tenancy on 27 August 2025 and then failing to move out of the premise on that date; c. On 24 August 2025, asking the landlord for a further opportunity to extend the date to vacate the premise again by issuing the landlord with a third 21 day notice ending the tenancy, being denied that request; d. Informing the landlord he will vacate the premise on 2 September 2025 and then continuing to remain living at the premise as at the date of the hearing today, despite being issued with a 14 days’ notice for failure to quit the premise, without reasonable excuse, upon termination of the tenancy; e. Verbally confirming by phone on 12 November 2025 that he intends to quit the premise on 11 December 2025 when he has had no legal right to continue to occupy the premise beyond 27 August 2025.
The landlord served a 14-day notice on the tenant on 28 August 2025 requiring him to vacate the premise by 12 September 2025. The tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because the landlord needs certainty on the tenant’s vacate date for it to commence reletting processes so it can relet the premise as soon after the tenant moves out as possible. Any delays in re-tenanting the property would cause unreasonable financial losses for the owners of the property. Additionally, the tenant is not paying his rent/rent arrears in full and on time. He was in $1,110.72 rent arrears when he issued his first termination of tenancy notice on 2 July 2025 and is still in $834.00 rent arrears as at today’s date.
The tenancy is terminated from 11:59pm tonight.
The landlord cannot, pursuant to section 138(1)(a) of the District Court Act 2016, enforce the eviction order for 48 hours. Therefore, it is unlikely to be able to take possession of the premise until Monday 24 November 2025 as bailiffs are not available over the weekend to enforce eviction warrants. This gives the tenant time to move any belongings out of the premise that he wants to retain.

How much is owed for rent?

The tenancy is ended by Tribunal Order on 19 November 2025. The landlord provided rent records which prove the amount owing to that date.
The tenant will remain liable for rent to the date of his eviction or the date he moves out of the premise of his own volition and gives the keys back to landlord, whichever date comes first.

Did the tenant fail, without reasonable excuse, to quit premises upon termination?

Gold Real Estate Group Limited As Agent For Gorbai Partnership claims the tenant did not vacate the premises on 27 August 2025, the date the tenancy ended in accordance with the tenant’s second 21 day notice terminating the tenancy.
A tenant must vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the Residential Tenancies Act 1986.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 40(3A)(a) and Schedule 1A Residential Tenancies Act 1986.
The tenant has issued two 21-day notices ending the tenancy on 21 July 2025 and then 27 August 2025. He was then issued with a 14 day notice to remedy his failure, without reasonable excuse, to quit premises upon termination and was given until 12 September 2025 to quit the premise. He still has not done so. I find the tenant has committed three unlawful acts by not quitting the premise on 21 July 2025, 27 August 2025 and lastly on 12 September 2025.
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) Residential Tenancies Act 1986.
I am satisfied that the tenant has intentionally breached his s40(1)(e)(i) of the RTA obligations three times and is still living in the premise unlawfully and telling the landlord that he will move out on 11 December 2025. The tenant’s continual breaches of these s40(1)(e)(i) of the RTA obligations have intentionally put the landlord to the cost, stress and inconvenience of having to apply for this eviction order and to have to base their reletting plan on the eviction date in the Order, at a time of the year that may present challenges to it of finding new tenants willing to move so close to Christmas or in the New Year period. Because of the repeated intentional breaches, I find it would be just to require the landlord to pay a sum of $1,500.00 in exemplary damages (the maximum penalty available) because: a. The tenant intentionally has not vacated the premise without reasonable excuse and is now likely to be forced to leave under the supervision of a bailiff; b. The landlord is entitled to rely on the tenant vacating the premise after the tenant have given written notice ending the tenancy; c. It is in the interests of the landlord to receive exemplary damages for the tenant’s breach of his obligations to vacate the premise on termination of the tenancy; and d. it is in the public interest for tenants’ to be penalised as a disincentive to breaching their obligations vacate the premise on termination of the tenancy. Reimbursement of filing fee
Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
Because Gold Real Estate Group Limited As Agent For Gorbai Partnership has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5337196 — net $2,362.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 November 2025	$834.00	Rent arrears to 19 November 2025
Exemplary damages- failure to quit the premise	$1,500.00	failure to quit the premise
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,362.00
Total payable by Tenant to Landlord	$2,362.00

Order

Gold Real Estate Group Limited As Agent For Gorbai Partnership is granted possession of the premises at Flat 4, 7 Beverley Street, St Albans, Christchurch 8014 at 11:59pm on Wednesday 19 November 2025.
[The tenant/s] tenant/s] must pay Gold Real Estate Group Limited As Agent For Gorbai Partnership $2,362.00 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing on 19 November 2025 . The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, exemplary damages and reimbursement of the filing fee.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached his obligations by: a. Giving the landlord 21 days’ notice, on 2 July 2025, ending the tenancy on 21 July 2025 and then failing to move out of the premise on that date; b. At the landlord’s request, giving the landlord a second 21 days’ notice, on 6 August 2025, ending the tenancy on 27 August 2025 and then failing to move out of the premise on that date; c. On 24 August 2025, asking the landlord for a further opportunity to extend the date to vacate the premise again by issuing the landlord with a third 21 day notice ending the tenancy, being denied that request; d. Informing the landlord he will vacate the premise on 2 September 2025 and then continuing to remain living at the premise as at the date of the hearing today, despite being issued with a 14 days’ notice for failure to quit the premise, without reasonable excuse, upon termination of the tenancy; e. Verbally confirming by phone on 12 November 2025 that he intends to quit the premise on 11 December 2025 when he has had no legal right to continue to occupy the premise beyond 27 August 2025.
The landlord served a 14-day notice on the tenant on 28 August 2025 requiring him to vacate the premise by 12 September 2025. The tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because the landlord needs certainty on the tenant’s vacate date for it to commence reletting processes so it can relet the premise as soon after the tenant moves out as possible. Any delays in re-tenanting the property would cause unreasonable financial losses for the owners of the property. Additionally, the tenant is not paying his rent/rent arrears in full and on time. He was in $1,110.72 rent arrears when he issued his first termination of tenancy notice on 2 July 2025 and is still in $834.00 rent arrears as at today’s date.
The tenancy is terminated from 11:59pm tonight.
The landlord cannot, pursuant to section 138(1)(a) of the District Court Act 2016, enforce the eviction order for 48 hours. Therefore, it is unlikely to be able to take possession of the premise until Monday 24 November 2025 as bailiffs are not available over the weekend to enforce eviction warrants. This gives the tenant time to move any belongings out of the premise that he wants to retain.

How much is owed for rent?

The tenancy is ended by Tribunal Order on 19 November 2025. The landlord provided rent records which prove the amount owing to that date.
The tenant will remain liable for rent to the date of his eviction or the date he moves out of the premise of his own volition and gives the keys back to landlord, whichever date comes first.

Did the tenant fail, without reasonable excuse, to quit premises upon termination?

Gold Real Estate Group Limited As Agent For Gorbai Partnership claims the tenant did not vacate the premises on 27 August 2025, the date the tenancy ended in accordance with the tenant’s second 21 day notice terminating the tenancy.
A tenant must vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the Residential Tenancies Act 1986.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 40(3A)(a) and Schedule 1A Residential Tenancies Act 1986.
The tenant has issued two 21-day notices ending the tenancy on 21 July 2025 and then 27 August 2025. He was then issued with a 14 day notice to remedy his failure, without reasonable excuse, to quit premises upon termination and was given until 12 September 2025 to quit the premise. He still has not done so. I find the tenant has committed three unlawful acts by not quitting the premise on 21 July 2025, 27 August 2025 and lastly on 12 September 2025.
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) Residential Tenancies Act 1986.
I am satisfied that the tenant has intentionally breached his s40(1)(e)(i) of the RTA obligations three times and is still living in the premise unlawfully and telling the landlord that he will move out on 11 December 2025. The tenant’s continual breaches of these s40(1)(e)(i) of the RTA obligations have intentionally put the landlord to the cost, stress and inconvenience of having to apply for this eviction order and to have to base their reletting plan on the eviction date in the Order, at a time of the year that may present challenges to it of finding new tenants willing to move so close to Christmas or in the New Year period. Because of the repeated intentional breaches, I find it would be just to require the landlord to pay a sum of $1,500.00 in exemplary damages (the maximum penalty available) because: a. The tenant intentionally has not vacated the premise without reasonable excuse and is now likely to be forced to leave under the supervision of a bailiff; b. The landlord is entitled to rely on the tenant vacating the premise after the tenant have given written notice ending the tenancy; c. It is in the interests of the landlord to receive exemplary damages for the tenant’s breach of his obligations to vacate the premise on termination of the tenancy; and d. it is in the public interest for tenants’ to be penalised as a disincentive to breaching their obligations vacate the premise on termination of the tenancy. Reimbursement of filing fee
Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
Because Gold Real Estate Group Limited As Agent For Gorbai Partnership has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5337196 — Exemplary damages at Unit/Flat Flat 4, 7 Beverley Street, St Albans, Christchurch

At a glance

Tenancy Tribunal case 5337196 — Exemplary damages at Unit/Flat Flat 4, 7 Beverley Street, St Albans, Christchurch

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much is owed for rent?

Did the tenant fail, without reasonable excuse, to quit premises upon termination?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much is owed for rent?

Did the tenant fail, without reasonable excuse, to quit premises upon termination?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.