What was Tenancy Tribunal case 5353761 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 5353761?

Compensation: Breach of quiet enjoym…: $500.00 awarded to tenant; Compensation: Failure to maintain: F…: $450.00 awarded to tenant; Property Damage: $500.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5353761?

The primary dispute was Exemplary damages. Related themes: State of repair.

Where can I read the official tribunal order for case 5353761?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12960391-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5353761 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 5353761?

Compensation: Breach of quiet enjoym…: $500.00 awarded to tenant; Compensation: Failure to maintain: F…: $450.00 awarded to tenant; Property Damage: $500.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5353761?

The primary dispute was Exemplary damages. Related themes: State of repair.

Where can I read the official tribunal order for case 5353761?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12960391-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5353761 — Exemplary damages

Claims and awards in Tenancy Tribunal application 5353761 — net $1,478.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages: Failure to lodge bond with Bond Centre	$500.00	Failure to lodge bond with Bond Centre
Compensation: Failure to maintain: Front door	$450.00	Failure to maintain: Front door
Compensation: Breach of quiet enjoyment	$500.00	Breach of quiet enjoyment
Filing fee reimbursement	$28.00	37. I will award compensation of $500.00.
Net award	$1,478.00
Total payable by Landlord to Tenant	$1,478.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details. 2.

Reasons

Background

The tenancy began on 23 June 2025 and ended on 1 October 2025.
The tenant’s application raises issues relating to the bond, maintenance (front door lock) and the circumstances around the end of the tenancy.
Ms Poa acted as agent for Mr Francis during the tenancy, and represented him at the hearing in [Event location suppressed] on 13 January 2026. Bond
Landlords must forward any bond payment to the Bond Centre within 23- working days of receipt. 1
A breach of this duty is an unlawful act. 2 Exemplary damages of up to $1,500 can apply.
[The tenant/s] paid a bond of $1,000.00 to Mr Francis at the start of the tenancy. Mr Francis did not pay the bond to the Bond Centre.
Mr Francis refunded the bond to [The tenant/s] at the end of the tenancy.
The failure to pay the bond to the Bond Centre was an unlawful act. It is appropriate to make an award of exemplary damages.
In considering an award of exemplary damages, the Tribunal must have regard to: 3 a. The intention of the person who committed the unlawful act. b. The effect of the unlawful act. c. The interests of the person against whom the act was committed. d. The public interest.
I have no information about why Mr Francis failed to lodge the bond. Mr Francis has tenanted this property before. I do not know whether Mr Francis lodged the bonds of previous tenants.
The effect on [The tenant/s] was relatively minimal.
There is a strong and legitimate public interest in ensuring that landlords deal properly with tenant’s bonds.
Having regard to these factors I will award exemplary damages of $500. Front door lock
The front door lock failed during [The tenant/s]’s tenancy. He contacted Mr Francis when this happened. 1 Section 19(1)(b) Residential Tenancies Act 1986 (“RTA”) 2 Section 19(2) RTA 3 Section 109 RTA
Mr Francis made several, unsuccessful, attempts to repair the lock.
The problem was only resolved once Ms Poa became aware of it.
The timeframe from when the problem first occurred to when it was repaired was approximately one month.
Landlords have a legal duty to maintain the premises in a reasonable state of repair 4 , and to “maintain such locks and other similar devices as are necessary to ensure that the premises are reasonably secure” 5 .
The premises could not be secured for the month that the front door lock was not working. [The tenant/s] said that he was worried about people entering the house and stealing his belongings. He lived at the house with his young daughter. He said that on two occasions strangers entered the house through the unsecure front door, looking for the previous tenant. He said that the door would blow open in the wind.
This was a high priority maintenance issue. It is unacceptable that it took a month to resolve.
The landlord failed to meet his legal duty to maintain the premises.
I will not make an award of exemplary damages against Mr Francis for this breach. I do not think that this is an instance of the landlord ignoring his duty to maintain the premises. Mr Francis made several attempts to repair, but he was unsuccessful.
I will make an award of compensation to the tenant. [The tenant/s] was paying full rent, but for this period he had a compromised and unsecure property. This was a loss of amenity for the tenant, for which he is entitled to compensation.
The problem should have been remedied within a few days to a week at most. I will award compensation (effectively a retrospective rent reduction) of $150 per week for the ‘extra’ three weeks that it took the landlord to remedy this issue. Termination
A dispute arose during the tenancy about who had to pay for the refill of gas bottles.
The outcome of this was that Mr Francis agreed to pay for the refills, but he informed [The tenant/s] (verbally at a meeting, and by text message) that it would be better for [The tenant/s] to move out because he (Mr Francis) could not afford to continue paying for gas.
[The tenant/s] moved out on (or around) 1 October 2025. 4 Section 45(1)(b) RTA 5 Section 46(1) RTA
[The tenant/s] questioned whether this amounted to a retaliatory notice of termination by the landlord. It is an unlawful act for a landlord to give a tenant a retaliatory notice to terminate a tenancy. 6 The Tenancy Tribunal can award exemplary damages of up to $6,500 for this unlawful act.
I do not think that what happened here meets the definition of a retaliatory notice. The landlord did not issue a notice to terminate the tenancy. 7
However, I think that the landlord did put inappropriate pressure on the tenant to leave the tenancy.
Mr Francis was entitled to take the view that [The tenant/s] should pay for the gas – tenants are obliged to pay for outgoings that they consume during the tenancy, 8 although I note that a large part of the confusion was due to Mr Francis failing to provide two full bottles at the start of the tenancy. It was reasonable for the parties to meet and try to negotiate a resolution. The problematic part is Mr Francis’ ‘ultimatum’ that if he paid for the gas it was better for [The tenant/s] to leave.
My finding is that Mr Francis’ actions amounted to an interference with the tenant’s quiet enjoyment of the premises. 9
Based on [The tenant/s]’s detailed oral evidence at the hearing, I am satisfied that Mr Francis also interfered with [The tenant/s]’s peace, comfort, and privacy by coming to the property unannounced to attempt to repair the door. [The tenant/s] said that on at least two occasions, Mr Francis ‘appeared’ at the back (ranchslider) door of the property. Mr Francis did not unlawfully enter the premises 10 , but he did breach the tenant’s privacy and cause [The tenant/s] and his partner some distress / discomfort.
I accept that Mr Francis had no intention to harass [The tenant/s], and I will not make an award of exemplary damages. 11
I will make an award of compensation for the stress and inconvenience caused to the tenant by the landlord pressuring him to leave the tenancy and by the landlord coming to the property unannounced.
These ‘losses’ are difficult to quantify, and I also note that, although there was pressure from the landlord, [The tenant/s] was also of the view that the tenancy could not continue because the relationship between himself and Mr Francis had soured.
I will award compensation of $500.00. 6 Section 54(6) RTA 7 Section 54(1) RTA 8 Section 39(3) RTA 9 Section 38(1) RTA 10 Section 48 RTA 11 Section 38(3) RTA Filing fee, name suppression
[The tenant/s] was successful in this application.
Name suppression is granted. 12
I must also award [The tenant/s] the filing fee for this application. 13

Claims and awards in Tenancy Tribunal application 5353761 — net $1,478.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages: Failure to lodge bond with Bond Centre	$500.00	Failure to lodge bond with Bond Centre
Compensation: Failure to maintain: Front door	$450.00	Failure to maintain: Front door
Compensation: Breach of quiet enjoyment	$500.00	Breach of quiet enjoyment
Filing fee reimbursement	$28.00	37. I will award compensation of $500.00.
Net award	$1,478.00
Total payable by Landlord to Tenant	$1,478.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details. 2.

Reasons

Background

The tenancy began on 23 June 2025 and ended on 1 October 2025.
The tenant’s application raises issues relating to the bond, maintenance (front door lock) and the circumstances around the end of the tenancy.
Ms Poa acted as agent for Mr Francis during the tenancy, and represented him at the hearing in [Event location suppressed] on 13 January 2026. Bond
Landlords must forward any bond payment to the Bond Centre within 23- working days of receipt. 1
A breach of this duty is an unlawful act. 2 Exemplary damages of up to $1,500 can apply.
[The tenant/s] paid a bond of $1,000.00 to Mr Francis at the start of the tenancy. Mr Francis did not pay the bond to the Bond Centre.
Mr Francis refunded the bond to [The tenant/s] at the end of the tenancy.
The failure to pay the bond to the Bond Centre was an unlawful act. It is appropriate to make an award of exemplary damages.
In considering an award of exemplary damages, the Tribunal must have regard to: 3 a. The intention of the person who committed the unlawful act. b. The effect of the unlawful act. c. The interests of the person against whom the act was committed. d. The public interest.
I have no information about why Mr Francis failed to lodge the bond. Mr Francis has tenanted this property before. I do not know whether Mr Francis lodged the bonds of previous tenants.
The effect on [The tenant/s] was relatively minimal.
There is a strong and legitimate public interest in ensuring that landlords deal properly with tenant’s bonds.
Having regard to these factors I will award exemplary damages of $500. Front door lock
The front door lock failed during [The tenant/s]’s tenancy. He contacted Mr Francis when this happened. 1 Section 19(1)(b) Residential Tenancies Act 1986 (“RTA”) 2 Section 19(2) RTA 3 Section 109 RTA
Mr Francis made several, unsuccessful, attempts to repair the lock.
The problem was only resolved once Ms Poa became aware of it.
The timeframe from when the problem first occurred to when it was repaired was approximately one month.
Landlords have a legal duty to maintain the premises in a reasonable state of repair 4 , and to “maintain such locks and other similar devices as are necessary to ensure that the premises are reasonably secure” 5 .
The premises could not be secured for the month that the front door lock was not working. [The tenant/s] said that he was worried about people entering the house and stealing his belongings. He lived at the house with his young daughter. He said that on two occasions strangers entered the house through the unsecure front door, looking for the previous tenant. He said that the door would blow open in the wind.
This was a high priority maintenance issue. It is unacceptable that it took a month to resolve.
The landlord failed to meet his legal duty to maintain the premises.
I will not make an award of exemplary damages against Mr Francis for this breach. I do not think that this is an instance of the landlord ignoring his duty to maintain the premises. Mr Francis made several attempts to repair, but he was unsuccessful.
I will make an award of compensation to the tenant. [The tenant/s] was paying full rent, but for this period he had a compromised and unsecure property. This was a loss of amenity for the tenant, for which he is entitled to compensation.
The problem should have been remedied within a few days to a week at most. I will award compensation (effectively a retrospective rent reduction) of $150 per week for the ‘extra’ three weeks that it took the landlord to remedy this issue. Termination
A dispute arose during the tenancy about who had to pay for the refill of gas bottles.
The outcome of this was that Mr Francis agreed to pay for the refills, but he informed [The tenant/s] (verbally at a meeting, and by text message) that it would be better for [The tenant/s] to move out because he (Mr Francis) could not afford to continue paying for gas.
[The tenant/s] moved out on (or around) 1 October 2025. 4 Section 45(1)(b) RTA 5 Section 46(1) RTA
[The tenant/s] questioned whether this amounted to a retaliatory notice of termination by the landlord. It is an unlawful act for a landlord to give a tenant a retaliatory notice to terminate a tenancy. 6 The Tenancy Tribunal can award exemplary damages of up to $6,500 for this unlawful act.
I do not think that what happened here meets the definition of a retaliatory notice. The landlord did not issue a notice to terminate the tenancy. 7
However, I think that the landlord did put inappropriate pressure on the tenant to leave the tenancy.
Mr Francis was entitled to take the view that [The tenant/s] should pay for the gas – tenants are obliged to pay for outgoings that they consume during the tenancy, 8 although I note that a large part of the confusion was due to Mr Francis failing to provide two full bottles at the start of the tenancy. It was reasonable for the parties to meet and try to negotiate a resolution. The problematic part is Mr Francis’ ‘ultimatum’ that if he paid for the gas it was better for [The tenant/s] to leave.
My finding is that Mr Francis’ actions amounted to an interference with the tenant’s quiet enjoyment of the premises. 9
Based on [The tenant/s]’s detailed oral evidence at the hearing, I am satisfied that Mr Francis also interfered with [The tenant/s]’s peace, comfort, and privacy by coming to the property unannounced to attempt to repair the door. [The tenant/s] said that on at least two occasions, Mr Francis ‘appeared’ at the back (ranchslider) door of the property. Mr Francis did not unlawfully enter the premises 10 , but he did breach the tenant’s privacy and cause [The tenant/s] and his partner some distress / discomfort.
I accept that Mr Francis had no intention to harass [The tenant/s], and I will not make an award of exemplary damages. 11
I will make an award of compensation for the stress and inconvenience caused to the tenant by the landlord pressuring him to leave the tenancy and by the landlord coming to the property unannounced.
These ‘losses’ are difficult to quantify, and I also note that, although there was pressure from the landlord, [The tenant/s] was also of the view that the tenancy could not continue because the relationship between himself and Mr Francis had soured.
I will award compensation of $500.00. 6 Section 54(6) RTA 7 Section 54(1) RTA 8 Section 39(3) RTA 9 Section 38(1) RTA 10 Section 48 RTA 11 Section 38(3) RTA Filing fee, name suppression
[The tenant/s] was successful in this application.
Name suppression is granted. 12
I must also award [The tenant/s] the filing fee for this application. 13

Tenancy Tribunal case 5353761 — Exemplary damages

At a glance

Award balance

Tenancy Tribunal case 5353761 — Exemplary damages

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions