What was Tenancy Tribunal case 5349029 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 5349029?

Property Damage: $750.00 awarded to tenant; Property Damage: $500.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5349029?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5349029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12906652-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5349029 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 5349029?

Property Damage: $750.00 awarded to tenant; Property Damage: $500.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5349029?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5349029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12906652-Tribunal_Order_Redacted.pdf.

1241 Buckland Road, Karapiro, RD 4, Cambridge 3496 Tenancy Tribunal Case 5349029 — Exemplary damages

Claims and awards in Tenancy Tribunal application 5349029 — net $1,278.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages: Fail to provide tenancy agreement	$500.00	Fail to provide tenancy agreement
Exemplary damages: Fail to lodge bond	$750.00	Fail to lodge bond
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,278.00
Total payable by Landlord to Tenant	$1,278.00

Claims and awards in Tenancy Tribunal application 5349029 — net $1,278.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages: Fail to provide tenancy agreement	$500.00	Fail to provide tenancy agreement
Exemplary damages: Fail to lodge bond	$750.00	Fail to lodge bond
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,278.00
Total payable by Landlord to Tenant	$1,278.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
J Swap Contractors Limited must pay [The tenant/s] $1,278.00 immediately, calculated as shown in the table below:

The application relating to retaliatory notice of termination is dismissed.

Reasons

The tenant and a representative for the landlord attended the hearing.
I issued a first written decision on 25 November 2025 determining that the landlord is the company named and allowing both parties to provide further information as to rent, bond, and power costs and payments. New evidence was received and neither party disputed this, so no second hearing was needed.
This is the final order.
Both parties have made applications to the Tribunal. The landlord’s application does not make new claims but is a response to the tenant’s application.
The tenant seeks refund of the bond, compensation and exemplary damages alleging that:- a. The landlord did not provide her with a written and signed copy of the tenancy agreement; b. The landlord did not lodge the bond; c. The landlord did not keep good records and did not notify her there was money owing until the tenancy had ended; and d. That the landlord’s notice to terminate the tenancy was retaliatory.
The person that makes a claim has the task of providing enough evidence to prove the claim. I do not need to be certain, but I must be satisfied that what they claim is more probable than not.
Compensation is when the applying party says that they have suffered a loss or disadvantage because of a breach by the other party. If the breach and loss are proven, then the Tribunal can award money to aim to put the innocent party back in the position they would have been in if the other party had not breached the law or contract between them.
Exemplary damages are like a fine or a penalty and can only be awarded for an intentional breach of specified “unlawful acts” (which are listed in Schedule 1A Residential Tenancies Act 1986). The Tribunal must decide whether it is just to award these after considering the breaching party’s intent, the effect of the act, the interests of the innocent party, and the public interest; see s109(3) RTA. Background
The tenant was looking for a house to rent. A friend put her in touch with one of the landlord’s directors. He said there could be a house available and asked her to deal with a staff member to discuss and arrange this.
The landlord runs a substantial cartage and construction business and owns several houses usually used as accommodation for employees.
The tenant was not an employee of the landlord but was offered the tenancy premises and signed a tenancy agreement and bond lodgement form provided to her. She paid a bond and rent in advance and moved in on 6 December 2024.
On 23 April 2025, the tenant was given notice that the tenancy would terminate on 30 September 2025. No reason was specified in the notice, but she was told verbally that the landlord needed the house for workers coming from overseas at that time.
The tenant was shocked and disappointed by this as she had only been living at the premises for four and a half months.
The tenant found somewhere else to live and the parties agreed to an end date of 13 September 2025. The landlord then advised her that she owed money for power bills that she was unaware of and for rent.
By this time the tenant had also discovered that her bond had never been lodged at the Bond Centre. The landlord calculated what it considered the tenant owed and refunded her some of her bond.
The tenant made this application on 23 September 2025. She feels the landlord failed in its basic duties and did not communicate clearly which caused her uncertainty and stress. She also says she has incurred extra cost in having to move twice in less than a year. Did the landlord fail to provide the tenant with a copy of a written tenancy agreement signed by the landlord?
A landlord must ensure the tenancy agreement is in writing, signed by the landlord, and a copy provided to the tenant prior to the tenancy commencing. See section 13 Residential Tenancies Act 1986 (RTA).
Breaching this obligation is an unlawful act, for which the Tribunal may award exemplary damages up to a maximum of $750.00. See section 13(4) and Schedule 1A Residential Tenancies Act 1986.
The tenant says the landlord gave her a written tenancy agreement, which she signed and returned, but that she was never given a copy of this.
The landlord’s representative accepts this and told me in the hearing that the tenancy agreement, and the bond lodgement form signed by the tenant at the same time, were both lost.
I also note that texts from the landlord’s representative to the tenant indicate that the tenancy agreement was not fully completed when it was given to the tenant to sign. 1
A tenancy agreement is not only the contract between the parties containing the essential details and terms but must also contain the required insulation, insurance and Healthy Homes Standards (HHS) compliance statements; s13A 1 Texts from landlord’s representative to tenant arranging to drop the agreement off for the tenant to sign then say: “.... when I get it back I can fill in all the healthy homes bits in the back ...”. RTA. These are important as they are a legally binding disclosure of whether the premises fully comply or whether more work is planned.
It is not clear whether the tenancy agreement or bond form were ever signed by the landlord. The compliance statements must also be separately signed by a landlord precisely because the information in them is a contractual promise; s13A RTA.
A tenancy agreement should be fully completed and signed by the landlord before it is given to a tenant to sign. The landlord does not need to wait for the tenant to sign the agreement before it gives the tenant their copy. The law says that the copy to be given to the tenant before the tenancy starts need only be signed by the landlord.
The landlord has committed the unlawful act of failing to provide a copy of the tenancy agreement signed by the landlord before the tenancy started; s13(4) RTA.
It is probable the landlord also failed to include signed and completed insurance, insulation and HHS statements. This is also an unlawful act; s13A(1F) RTA.
I accept the landlord’s evidence that losing the documents signed by the tenant was an unintentional error to start with. Mistakes happen and documents do get lost. However, the landlord did not rectify this error despite the tenancy being nine months long. The tenant was never given a signed tenancy agreement. The failure to remedy the issue was intentional.
I must consider the mandatory factors set out in s109 RTA. These are:- a. The landlord’s intent: losing documents is human error but failing to rectify this is something more. My concern is that by failing to provide a signed tenancy agreement, the landlord has avoided a legally binding record of whether the premises complied with the mandatory HHS. b. The effect of this failure: the tenant has no written record of the tenancy terms and conditions and no assurance as to whether the house was insulated or complied with the other HHS. c. The interests of the tenant: are that the required documentation is provided. This is the only way a tenant has knowledge and assurance of the contract that they are entering into and what they should receive in return for the rent money they are paying. This is not trivial or a technical detail. It is a fundamental right and a landlord in the business of employing people and providing accommodation should have the systems and support in place to manage its compliance and documentation well. d. Public interest: there is a public interest in landlords complying with their basic responsibilities to provide written, signed and complete legal documents.
For the above reasons, it is just to award exemplary damages in this case. I award $500.00 which is at the higher end of the scale because the breach was ongoing, and the landlord is a large business with experience in providing accommodation.

Did the landlord fail to lodge the bond?

A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. Section 19(1) RTA.
Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.
The tenant paid a bond of $2,200.00 on 11 December 2024. The landlord admits this bond was never lodged at the Bond Centre. I find the landlord has committed an unlawful act.
The evidence from the landlord is that initially the bond was not lodged due to an oversight. The tenant texted the landlord’s representative on 17 March 2025 asking what the bond lodgement reference number was. The oversight was then brought to the landlord’s attention, but the bond was still not lodged. The landlord’s representative told me this was because she knew the bond was safe where it was, in the company bank account, and that it would be released back to the tenant at the end of the tenancy after the appropriate calculations were done.
It was an intentional decision by the landlord to not lodge the bond.
I now consider the mandatory factors:- a. Intent of the landlord: I accept the landlord did not intend to keep or use the tenant’s money for an improper purpose. It has refunded the balance it calculates is owing to the tenant. However, the landlord intended to avoid the Bond Centre process and by doing so, kept control over the tenant’s money. This is not an acceptable choice. Lodgement of a bond is not voluntary, it is mandatory. b. Effect on the tenant: the tenant said she felt insecure knowing that her bond was not lodged. It made her feel things were not right and not transparent. c. The interests of the tenant: are that their money is kept securely at the Bond Centre and if there is a dispute that the Tenancy Tribunal will decide how it is refunded. It is very difficult for a tenant to disagree with a landlord and this disparity of power is increased if a landlord keeps control over their bond money. d. Public interest: there is a significant public interest in all bonds being lodged. A bond is tenant money. If a landlord has not lodged a bond and is declared bankrupt or goes into liquidation, that bond money will not usually be available to be refunded to a tenant. If there is a dispute and a bond is not lodged, a landlord can simply refuse to communicate or pay.
It is just to award exemplary damages. Once again, the issue was not rectified even though it was known about. I award $750.00 which is half of the maximum recognising the landlord’s representative has been open and transparent.

Did the landlord fail to keep proper records?

A landlord must keep proper business records of all rent and bond payments made by a tenant sufficient so that it can provide a statement of these to a tenant within a reasonable time of them requesting one. Section 30 RTA.
To fail to do so is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $350. Section 13(2) and Schedule 1A RTA.
The tenant says she was not given copies of all power bills she was asked to pay, and that the status of her rent payments was unclear at times. She described the communication as mentally exhausting.
After reviewing the evidence, my decisions are:- a. There is no evidence the landlord did not keep proper rent records. The landlord’s accounts team provided a spreadsheet of rental invoices and payments as part of the landlord’s evidence for the hearing. This accurately shows all payments made by the tenant. b. It is true that the landlord did not provide rent records in a format usually recommended by Tenancy Services. 2 This is a ledger or summary that shows the dates of each rent week and a running balance of any arrears. The advantage of doing this, for both a landlord and a tenant, is that it helps both parties see clearly and quickly if rent falls behind. However, keeping a rent ledger in the recommended format is not mandatory. c. A landlord is not required to provide the original power invoice (from the power company) to the tenant although usually will, if asked to do so. d. Again, it is recommended and is useful for both parties if a landlord keeps a ledger of any other charges or other costs it invoices the tenant for, such 2 See Receipts and accurate records » Tenancy Services and the sample rent summary provided. as power or water bills. Invoices should be sent to tenants in a timely way so that they are not surprised by large bills that are difficult to budget for. e. The landlord’s calculation of rent owing (on its spreadsheet) is incorrect because it did not calculate the length of the tenancy correctly. This is an error, but it is not a breach of section 30 RTA. f. I discuss the rent and power amounts below.
This claim is dismissed.

What are the correct amounts owed and paid for rent and power?

As I say above, the landlord did not provide a rent ledger in the usual format, but it did supply a spreadsheet of all rent payments.
The landlord’s calculation was that the tenancy was 39 weeks long and the tenant had paid the equivalent of 37 weeks of rent. Its assessment was that the tenant owed $1,100.00 for rent at the end of the tenancy.
I calculated the rent due and paid during the tenancy in my first order, as follows:- Start dateEnd dateWeekly rentDuration Rent due6.12.202413.09.2025$550.0040 weeks 2 days $22,157.14 Rent paid - $20,350.00 Balance to pay $1,807.14
The tenant has now provided her bank statements, and I have checked these. The above calculation is correct.
The tenancy was 40 weeks and 2 days in duration. The correct amount owing for rent at the end of the tenancy is $1,807.14.
The landlord did not provide a ledger showing all power bills invoiced and payments made but did provide copies of all power supply invoices (Meridian) and the landlord’s invoices, when asked to do so by the Tribunal.
I have checked all invoices and the tenant’s bank statements and record these below:- RefDescriptionMeridian Invoices JSwap Invoices Fixed charges Paid by tenant Inv 374314/12/24-131.32 (inc 151.0230.21155.00 31/12/24gst) Inv 37731/1/25-31/1/25229.35229.3547.90232.00 Inv 38271.2.25-2.3.25231.83231.8346.35 Inv 38913.3.35-31.3.25222.06222.0644.81222.50 Inv 39391.4.25-30.4.25255.94191.2346.35191.23 Inv 40091.5.25-31.5.25326.65326.6547.90326.00 Inv 40531.6.25-31.6.25370.56 -3.70 credit
8646.35366.86 Inv 41011.7.25-31.7.25357.77357.7747.90223.00 Inv 41561.8.25-31.8.25366.09366.0947.90 Inv 41611.9.25-13.9.25112.94112.9420.08 $2,600.81$2,555.80$379.40$1,716.59
The total power costs invoiced from Meridian to the landlord for the premises during the tenancy was $2,600.81. The landlord short-charged the tenant by invoicing her for $2,555.80. I have no information as to whether there was a reason for this.
The landlord must pay the fixed daily charges because the power bills are in the landlord’s name. Section 39 RTA specifies that a landlord is responsible for outgoings that are incurred whether or not the premises are occupied. This is a refund of $379.40 to the tenant.
The tenant paid $1,716.59 to the landlord during the tenancy.
The correct amount payable by the tenant for power costs is $2,600.81 - $379.40 = $2,221.41.
The correct amount owing for power costs at the end of the tenancy is $2,221.41 - $1,716.59 = $504.82.

Did the landlord give a retaliatory notice of termination?

The last issue the tenant has raised is that she feels the notice the landlord gave her on 23 April 2025 to end the tenancy on 30 September 2025 was retaliatory.
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.
The tenant texted the landlord’s representative on 17 March 2025 asking for the bond lodgement number. The texts I was provided in evidence do not answer her query. She is not provided with the bond lodgement number but does not ask for it again. There is no evidence of any other specific right or complaint made by the tenant in the period leading up to being given the notice of termination.
I spoke to the landlord’s director during the hearing and asked him why the tenancy was terminated. He explained that the landlord company employs workers from overseas at certain times of year and for certain work. He said he realised in early April that the company would need the tenancy premises to house these workers. He recognised it was unfortunate because the tenant had not long been at the property and asked his representative to give her a long period of notice to help her find somewhere else in time. I accept this evidence.
It was stressful and disruptive for the tenant when this tenancy was terminated after a relatively short period of time. The landlord thought it had clearly told the tenant that the tenancy premises may be needed for company staff at any point 3 , but the tenant says she was not aware of this.
However, there is no guaranteed minimum length for a periodic tenancy and a landlord has the legal right to terminate a tenancy without any reason being required so long as it provides the tenant with at least 90 days’ notice of the tenancy ending; s51(1) RTA. 4 This landlord gave a longer period of notice (160 days) which I acknowledge is an indication of good faith and courtesy to the tenant.
I have decided that the tenant has not shown that the termination of the tenancy was retaliatory. She had asked for the bond lodgement number in mid-March 2025, but she did not pursue this as a complaint at this early stage. I accept the landlord had a genuine reason for needing the house back.
This application is dismissed. 3 The landlord’s director told me he is sure that he verbally explained this to the tenant but she has no recollection of being told this. The landlord’s representative agrees that she did not mention this and it was not included in the (missing) tenancy agreement. 4 A landlord can terminate a tenancy by giving at least 42 days’ notice if it does customarily use the premises, or has acquired the premises, for occupation by employees or contractors of the landlord if that fact is clearly stated in the tenancy agreement and the premises are required for that use; s51(2)(c) RTA. The bond
The tenant paid a bond of $2,200.00 on 11 December 2024.
The landlord’s calculations were that the tenant owed a total of $1,939.21 at the end of the tenancy ($1,100.00 for rent and $839.21 for power).
It deducted this amount from the bond money it held in its account and refunded $260.79 to the tenant after the tenancy ended. Final calculations and compensation
My calculations show the tenant owed $1,807.14 for rent and $504.82 for power at the end of the tenancy which is a total of $2,311.96.
The landlord’s calculations were less than this. It deducted $1,939.21. This means, by my calculations, the tenant still owes the landlord $372.75 for unpaid rent and power costs.
The landlord made a cross-application but did not specifically apply for an award of rent or power costs owing. I assume this is because it thought it had already correctly calculated these and had deducted that amount from the tenant’s bond money.
I have decided not to award the landlord the additional amount I calculate the tenant still owes the landlord ($372.75). I do this as compensation to the tenant for the frustration and inconvenience she describes experiencing from not being provided with clear rent and power invoices. She described being asked to pay different amounts and having to question these.
I consider this to be fair and reasonable in this case. The landlord would not have known it had miscalculated if it were not for the tenant’s application to the Tribunal. Suppression of names and filing fee
The tenant has substantially succeeded with these claims, so I award the filing fee.
I suppress the tenant’s name. She has proved the landlord did breach the RTA, so her application was justified. I consider her interests in privacy outweigh the public interest. She did owe rent and power costs at the end of the tenancy, but my assessment is that this would have been resolved between the parties privately if the landlord had communicated more clearly about these during the tenancy.
I do not suppress the landlord’s name. It is a corporate entity with several houses used for employees and contractors and, as such, is required to comply with the Residential Tenancies Act 1986.
Housing accommodation provided for employees or contractors is called a “service tenancy” and is specifically provided for in the Residential Tenancies Act. It is defined as a tenancy granted under a term of, or otherwise as an incident of, a contract of service or a contract for services between the landlord as employer and the tenant as employee or contractor, whether or not a separate tenancy agreement is concluded in writing between the parties, and whether or not any rent is payable for the tenancy. Section 2 RTA.

Tenancy Tribunal case 5349029 — Exemplary damages at 1241 Buckland Road, Karapiro, RD 4, Cambridge 3496

At a glance

Tenancy Tribunal case 5349029 — Exemplary damages at 1241 Buckland Road, Karapiro, RD 4, Cambridge 3496

At a glance

Award balance

Claims & awards

Order

Reasons

Did the landlord fail to lodge the bond?

Did the landlord fail to keep proper records?

What are the correct amounts owed and paid for rent and power?

Did the landlord give a retaliatory notice of termination?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the landlord fail to lodge the bond?

Did the landlord fail to keep proper records?

What are the correct amounts owed and paid for rent and power?

Did the landlord give a retaliatory notice of termination?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions