Tenantcheck Insights · Case study
Tenancy Tribunal case 5341144 — Exemplary damages at Unit/Flat 3, 10 Lyell Court, Clover Park, Auckland 2019
Decided 10 Nov 2025 · Published 10 Nov 2025 · Application 5341144
- Exemplary damages
At a glance
Key facts from the published tribunal order.
Location
Auckland
Tribunal region
Adjudicator
J Tam
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $8,928.00
- Total balance for Landlord to pay Tenant
- $8,928.00
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Compensation: 26 July to 14 November 2025 (16 weeks | $6,400.00 | 26 July to 14 November 2025 (16 weeks | |
| Exemplary damages: for breach of section 45 RTA | $2,500.00 | for breach of section 45 RTA | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $8,928.00 | ||
| Total payable by Landlord to Tenant | $8,928.00 |
Claims and awards for application 5341144 — net $8,928.00 NZD. Verify on MoJ.
Compensation: 26 July to 14 November 2025 (16 weeks
- Amount
- $6,400.00
- Awarded to
- Tenant
- Reason
- 26 July to 14 November 2025 (16 weeks
Exemplary damages: for breach of section 45 RTA
- Amount
- $2,500.00
- Awarded to
- Tenant
- Reason
- for breach of section 45 RTA
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Tenant
- Reason
- Filing fee reimbursement
Net award
Tenant $8,928.00
Total payable by Landlord to Tenant
Tenant $8,928.00
Claim types — money lines allowed on this order
Order
- Fair Rentals Limited must pay [The tenant/s] tenant/s] $8,928.00 immediately, calculated as shown in table below:
- The fixed-term tenancy of [The tenant/s] tenant/s] at Unit/Flat 3, 10 Lyell Court, Clover Park, Auckland 2019 is converted to periodic. The tenant may give 21 days’ notice to end the tenancy.
Reasons
- Both parties attended the hearing.
- The tenant has applied for reduction of the fixed-term tenancy, compensation and exemplary damages for the landlord’s breach of their obligations to provide and maintain the premises in a reasonable state of repair.
- The tenant seeks a full refund of rent paid from the beginning of the tenancy until the property is restored to a habitable condition.
- Barely 2 days into the tenancy, on 28 July 2025, the kitchen of the tenancy suffered a major leak from rainfall which flowed down walls and made the premises soggy and barely liveable. The walls and floors became flooded.
- However, while repairs have started, the repairs were still not completed to date, in its entirely.
- The landlord’s property managers say that there were not aware of the extent of the issues and had engaged tradespeople to try to fix the issues. The landlord says that the gutters have been replaced.
- I prefer the tenant’s evidence that the gutters have still not been repaired fully or replaced. Power points and switches look very unsafe from the wet conditions.
- From the photographs and emails adduced by the tenant, I find that the landlord has breached their mandatory obligations under section 45 of the Residential Tenancies Act 1986.
- Under section 45 RTA, a landlord must: a) provide the premises in a reasonable state of cleanliness; b) provide and maintain the premises in a reasonable state of repair; and c) comply with any relevant enactment in relation to buildings, health and safety.
- Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
- The extent of the landlord’s breach of section 45 RTA are reflected in the tenant’s desperate pleas by her 29 August 2025 email to the landlord as follows: Despite assurances that the property would be ready and safe to occupy, I was handed over a home that is clearly not fit for living. The kitchen is unsafe to use due to water damage on the wall, leaks from the ceiling, and visible moisture near electrical points and wood surfaces — posing both fire hazards and health risks... In addition to this, on 30th July 2025, I was promised that the gutter issue would be addressed within a few days. It has now been nearly a month, and despite three follow- up requests, including today, I have received no clear updates or resolution. Most recently, I was told that the roof must be repaired first, which has delayed the repairs even further. To make matters worse, the gutter cap has been removed and left discarded around the property for weeks, without any effort to repair or clean up the affected area. Due to the unresolved issue, leakage has now occurred again, contributing to the continued deterioration of living conditions. These ongoing problems have created an unsafe, unsanitary, and highly stressful environment, affecting both my mental wellbeing and physical health. Under the Residential Tenancy Act, it is your legal obligation to ensure that the rental property is maintained in a habitable and compliant condition. Currently, this property fails to meet even the most basic standards.
- The tenant’s pleas for maintenance to be carried out had not be adequately responded to by the landlord.
- I find the landlord 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) Residential Tenancies Act 1986.
- I consider an award of compensation in the form of two-thirds’ refund of the rent to be appropriate given the nature and extent of the landlord’s breach. I also award exemplary damages of $2,500.00 having regard to the party’s intent, the effect of the unlawful act, the interests of the tenant, and the public interest that landlords comply strictly with their health and safety and maintenance obligations.
- The property was clearly not in rentable condition and the tenant has suffered stress, inconvenience and loss of amenities from living in such unacceptable conditions.
- I also accede to the tenant’s claim for release from the fixed term tenancy. It is fair that the fixed term tenancy is now converted to periodic. The tenant may give 21 days’ notice to end the tenancy accordingly.
- The amounts ordered are proved.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s109(3), s45, s45(1A)
Key findings
- Dispute theme: exemplary damages
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 5341144 about?
The tribunal order states: Fair Rentals Limited must pay [The tenant/s] tenant/s] $8,928.00 immediately, calculated as
How much money was awarded in case 5341144?
Compensation: 26 July: $6,400.00 awarded to tenant; Property Damage: $2,500.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant
What type of tenancy dispute was case 5341144?
The primary dispute was Exemplary damages.
Where can I read the official tribunal order for case 5341144?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12687688-Tenancy_Tribunal_Order.pdf.
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