What was Tenancy Tribunal case 5344525 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 5344525?

Compensation: Insulation: $1,200.00 awarded to tenant; Compensation: Rent: $1,260.00 awarded to tenant; Property Damage: $1,000.00 awarded to tenant; Rent Arrears: $13,920.00 awarded to landlord

What type of tenancy dispute was case 5344525?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5344525?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13088309-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5344525 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 5344525?

Compensation: Insulation: $1,200.00 awarded to tenant; Compensation: Rent: $1,260.00 awarded to tenant; Property Damage: $1,000.00 awarded to tenant; Rent Arrears: $13,920.00 awarded to landlord

What type of tenancy dispute was case 5344525?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5344525?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13088309-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5344525 — Rent arrears

Claims and awards in Tenancy Tribunal application 5344525 — net $10,460.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 26 January 2026	$13,920.00		Rent arrears to 26 January 2026
Exemplary damages: breach of quiet enjoyment		$1,000.00	arrears. Taking those factors into account, I find that the landlord should pay $1,000 in exemplary damages.
Compensation: rent		$1,260.00	rent
Compensation: insulation		$1,200.00	insulation
Total award	$13,920.00	$3,460.00
Net award	$10,460.00
Total payable by Tenant to Landlord	$10,460.00

Claims and awards in Tenancy Tribunal application 5344525 — net $10,460.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 26 January 2026	$13,920.00		Rent arrears to 26 January 2026
Exemplary damages: breach of quiet enjoyment		$1,000.00	arrears. Taking those factors into account, I find that the landlord should pay $1,000 in exemplary damages.
Compensation: rent		$1,260.00	rent
Compensation: insulation		$1,200.00	insulation
Total award	$13,920.00	$3,460.00
Net award	$10,460.00
Total payable by Tenant to Landlord	$10,460.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details of both parties.
The tenancy at [the tenancy] is terminated and possession is granted to [the landlord] immediately.
[The tenant/s] must pay [The landlord/s] $10,460.00 immediately, as calculated in the table below.

Reasons

Both parties attended the hearing, which was conducted via video. Mr Jefferies represented the landlord. Background
There is no written tenancy agreement as required by section 13 of the Residential Tenancies Agreement 1986, but there is no dispute that a tenancy began on 2 March 2017. Section 13C confirms that a tenancy agreement is not unenforceable simply because it is not in writing.
In an order dated 4 November 2025, I declared that a notice to vacate that had been given was not retaliatory. That notice had been given on 25 August 2025 and the tenant was to leave by 10 October 2025. At that hearing I did not make a possession order in favour of the landlord because: a. The notice of hearing to the parties stipulated that the hearing was in relation to retaliatory notice only. b. The landlord’s application was for termination for unpaid rent. The landlord has not actually applied for a possession order. The landlord’s claims
The landlord filed a memorandum on 11 November 2025 confirming that he seeks rent arrears and a possession order.
The landlord did not pursue the application for water rates and so that is dismissed.
The onus is on the landlord to establish his claims. The standard of proof is on the balance of probabilities.

Is the landlord entitled to a possession order?

Section 64(1) says that on the application of any person entitled to possession of the premises following the termination of a tenancy, the Tribunal shall make an order granting possession of the premises to that person.
On 27 August 2025 the landlord served a 42-day notice to terminate, advising that the last day of the tenancy would be 10 October, which is 44 days. The reason given was that the premises were required for the owner or a member of his family. This is consistent with the law requiring 42 days under section 55(2).
The landlord also applied for termination on the basis of the three rent arrears notices he had served within the 90 days prior to filing his application on 15 September 2025. Although he had given the tenant notices on 30 June, 23 August, and 8 September, the notices did not comply with the requirements of section 55(1a) and so I could not have terminated on that basis.
There was, however, a clear ground for termination at that time, which was that the tenant was in arrears by more than 21 days (see section 55(1)), but that was not included in the landlord’s application.
I confirm that the tenancy has terminated as a result of the 42-day notice that was served in August last year and possession is granted to the landlord. Rent arrears
The landlord has now provided a proper rent summary from the start of the tenancy. It shows that the amount owing at 28 January 2026 is $13,920. The tenant does not dispute the recorded amounts but says that he seeks a refund of rent because the landlord did not comply with section 24 which sets out the requirements of a landlord when increasing rent. That is covered below.
The rent arrears of $13,920 is proved. The tenant’s claims
The tenant seeks: a. exemplary damages for breach of quiet enjoyment; and b. $7660 compensation for: i. overpayment of rent: ii. non-compliance with the Healthy Homes insulation standard; iii. the Landlord’s failure to fix the shower. Has the landlord breached the tenant’s quiet enjoyment?
The tenant says that the landlord would visit him without giving proper notice.
Section 48 says that the landlord may not enter the premises during the tenancy except with the tenant's consent, in an emergency, or after giving the required notice for inspections and repairs and maintenance. See section 48(1) and (2) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 48 (4)(a) and Schedule 1A Residential Tenancies Act 1986.
The tenant said that the landlord would message him and ask if he was home because he wanted to visit. He would come and knock on the door, and he would yell at the tenant.
The landlord is entitled to knock on the door. The tenant is not obliged to consent to the landlord entering. However, if the landlord has given the required notice under section 48, the landlord may enter without the tenant’s consent.
There is no evidence that the landlord entered the premises without the tenant’s consent or otherwise contravened section 48. It is reasonable for a landlord to text, asking if the tenant is home because the landlord wanted to visit and have a conversation.
However, that is not the end of the matter. I must also consider the landlord’s behaviour once he was inside the property.
In his application, the tenant sought exemplary damages, saying the landlord was responsible for the following: Storming onto the property and verbally attacking me and demanding thousands be paid to him for "unpaid rent" without any corroborating evidence. Always claimed it was his accountant who said the rent was behind, could never provide the accountants details ("He's a real accountant, got 20 staff, big operator, trust me"). Abusive texts and phone calls, particularly over the last few months. Morning of Monday 18 August 2025, landlord got very abusive on the phone (as witnessed by my business coach who I was meeting with at the time). He insisted I pay his accountants fee. I said no. Landlord's response was "What the fuck did you say to me?" I repeated no. Landlord got very abusive so I hung up.
A landlord must not interfere with the reasonable peace, comfort or privacy of the tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986.
Breaching this obligation in circumstances that amount to harassment is an unlawful act for which exemplary damages may be awarded up to a maximum of $3,000.00. See section 38(3) and Schedule 1A RTA.
Harassment means "to trouble, worry or distress" or "to wear out, tire, or exhaust" and "indicates a particular pattern of behaviour directed towards another person". MacDonald v Dodds, CIV-2009-019-001524, DC Hamilton, 26 February 2010.
The landlord accepted that voices were raised when he was trying to get the tenant to pay rent arrears.
The rent summary shows that from February 2019 the tenant was always at least 2 weeks in arrears. For the first 6 months of 2023, the tenant owed $6,800, or 20 weeks’ rent. The tenant should expect some reaction from the landlord if he fails to pay rent. It is understandable that a landlord in this situation would feel frustrated. However, a responsible landlord would issue a notice of unpaid rent if it was 5 working days in arrears. The requirements of those notices are set out in section 55(1)(aa).
Section 30 of the Act also requires the landlord to keep proper business records showing all payments of rent paid by or on behalf of the tenant, sufficient to enable the landlord to comply within a reasonable time with any request made by the tenant. The landlord should have been able to produce a rent summary to give to the tenant showing all payments due and all payments made. It is not reasonable to expect a tenant to pay for any accountant fees.
The Act provides remedies for unpaid rent including applying to the Tribunal for an order for rent arrears and/or an order for termination of the tenancy. Unpaid rent does not mean that a landlord can visit or phone a tenant and shout at them
I find that the landlord harassed the tenant, and he has committed an unlawful act. As noted above, there were lawful means by which the landlord could have taken action without breaching the tenant’s rights.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied that 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.
The landlord used inappropriate means to try to get his rent arrears paid. The impact on the tenant would have felt like an invasion of his home. There is a public interest in reminding all landlords to behave professionally and use the tools under the Act to enable recovery of rent arrears. Taking those factors into account, I find that the landlord should pay $1,000 in exemplary damages.

Is the tenant entitled to a rent refund?

The tenant says that he has overpaid rent because the landlord increased the weekly rent without complying with the requirements under the Act.
Section 24 says that the landlord may increase the rent provided the landlord must give at least 60 days’ notice in writing, specifying the amount of increased rent and the day it will become payable.
The original rent agreed at the start of the tenancy on 2 March 2017 was $260 per week.
According to the rent summary, the landlord increased the rent on 18 June 2020 to $340 and then on 21 November 2024 to $400.
The landlord says that in 2020, he had told the tenant a couple of months earlier that the rent would be increased. In 2024, he again verbally told the tenant of the proposed rent increase and the tenant started paying the higher rate before it was due. The tenant was in arrears by $1880, and so any extra payments were applied to the arrears.
The tenant disputes when he was told the rent would be increasing and what date it would start.
It is possible that the landlord did indicate an increase in rent was forthcoming, but without a written notice, the landlord has not complied with section 24. The landlord has not established that he gave notice in writing, or that he gave at least 2 months’ notice, specifying the date of the new rent.
That does not mean that the tenant is entitled to a refund of an increased rent he has paid. From 2 July 2020 to 10 November 2022, the tenant paid $340 a week, missing only three payments. He made no application to the Tribunal objecting to the new rent and he had clearly accepted the rental increase to $340. I find that the landlord proposed a variation of a term in the verbal tenancy agreement, and the tenant accepted that variation.
However, I find that he should be compensated for the landlord’s failure to comply with section 24. In the absence of written notice from the landlord, I find that the increased rent of $340 will not be enforced until 3 September 2020, being 9 weeks from 2 July. I order a rebate of $80 per week from 2 July to 2 September. That comes to $720.
I also order a rebate of $60 per week for 9 weeks from 21 November 2024 when the rent was increased from $340 to $400. That comes to $540.
I therefore deduct the sum of $1,260 from the amount claimed by the landlord.

Has the landlord failed to comply with the insulation standard?

[The tenant/s] claims that the landlord has breached the obligations under section 45(1)(bb) of the Residential Tenancies Act 1986 by failing to insulate the premises in accordance with the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016.
From 1 July 2019, all residential premises must be insulated to a minimum standard. The regulations set out the requirements of the insulation in the ceiling and underfloor.
There are exceptions to these requirements, for example, where it is not reasonably practicable, or where there is a habitable space above or below the ceiling or floor that would otherwise have to be insulated.
In the present case, there is no dispute that there is no underfloor insulation. During the tenancy, the landlord had offered to instal underfloor insulation, but the landlord said that the tenant had said it was not necessary.
The landlord says he has compensated for this by previously installing a heavy- duty underlay under the wool carpet, two large heat pumps, and heavy floor-to- ceiling drapes to assist in keeping the property warm.
The landlord says that he now understands that it is not reasonably practicable for a professional to install underfloor insulation at the Property due to the narrow space between the floor joists and the ground making many parts inaccessible.
The landlord produced no evidence to establish that the property was exempt. Accordingly, I find that the landlord has failed to comply with the insulation standard.
The tenant did not seek exemplary damages. When asked what compensation he thought was warranted, he acknowledged that it is difficult to quantify. He assumes that the electricity consumption would have been less if there had been underfloor insulation for the 6 years of the tenancy.
It is difficult to assess the impact of the lack of insulation. The landlord’s efforts to keep the property warm are acknowledged, but I have decided that it is likely that the premises would have been warmer if the underfloor insulation had been installed. The tenant should be compensated $200 for each year from July 2019 until the tenancy ended in October 2025. That makes a total of $1,200. That amount is ordered.

Has the landlord failed to maintain the premises?

The tenant said that there was a problem with the shower dribbling for years. He said that he mentioned it to the landlord many times over the years.
The landlord said that the first he knew of any issue with the shower was when the tenant filed his application.
The tenant provided no evidence of an issue with the shower (such as photographs) and no evidence that he notified the landlord of the issue. The tenant could have given the landlord a breach notice, asking him to remedy the breach and he could have applied for a work order.
The tenant has not established on the balance of probabilities that there has been a fault with the shower, how long it has been a problem or that he has asked the landlord to fix it.
The tenant’s claim for compensation in relation to the shower is dismissed.
Both parties have had some success and so there is no order for reimbursement of the filing fee, and the names of both parties are suppressed.

Tenancy Tribunal case 5344525 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5344525 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Is the landlord entitled to a possession order?

Is the tenant entitled to a rent refund?

Has the landlord failed to comply with the insulation standard?

Has the landlord failed to maintain the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Dismissed claims

Order

Reasons

Is the landlord entitled to a possession order?

Is the tenant entitled to a rent refund?

Has the landlord failed to comply with the insulation standard?

Has the landlord failed to maintain the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions