What was the outcome of Tenancy Tribunal case 5365422?

The tribunal order states: The tenant’s claims are dismissed.

How much money was awarded in case 5365422?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5365422?

The primary dispute was Harassment. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5365422?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13432242-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5365422?

The tribunal order states: The tenant’s claims are dismissed.

How much money was awarded in case 5365422?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5365422?

The primary dispute was Harassment. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5365422?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13432242-Tenancy_Tribunal_Order.pdf.

12A Highland Avenue, Titirangi, Auckland 0604 Tenancy Tribunal Case 5365422 — Harassment

Order

The tenant’s claims are dismissed.

Reasons

Both parties attended the hearing. Ms Delaney was represented by Mr Crisp.
The tenant claims the landlord breached her quiet enjoyment. She seeks an award of $3,000.00 exemplary damages and compensation for her moving costs following the end of the tenancy.
A landlord must not interfere with the reasonable peace, comfort or privacy of the tenant in their use of the premises. To do this is called breaching a tenant’s quiet enjoyment. See section 38(2) Residential Tenancies Act 1986, (the “RTA”).
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 parties signed a fixed-term tenancy agreement to take effect on 12 October 2025 and end on 12 October 2026.
The tenant said she found the property through Rent Hub and didn’t realise until after she was moving in, that the owners and not Rent Hub would be managing the tenancy.
I note the tenancy agreement records Barbara Delaney as the landlord, and Barbara Delaney signed the agreement on behalf of the landlord.
On the move in day, a mattress was in the driveway. The mattress was the possession of a different tenant.
The tenant said that Ms Delaney knocked on the tenant’s door and was verbally abusive to the tenant about the mattress, believing it to have been left there by the tenant. The tenant felt very upset at the way she was treated. She was also concerned for her twelve-year old daughter who witnessed the abuse.
The tenant said she felt traumatised by the incident. The next day she began negotiating with the landlord an early release from the tenancy.
The landlord said they never resisted the tenant leaving the tenancy early, but they were particular as to how the end of tenancy was arranged as they didn’t want to breach the RTA.
The tenancy ended by mutual consent on 25 November 2025. No rent was owed at the end of the tenancy and the landlord did not seek any break-lease fees. The bond has been fully refunded.
A landlord and any member of the public as an implied right allowing them to approach the front door of a property. This is a right that can be rescinded in a number of ways. However, on the 12 October 2025, the tenant had not rescinded this right. There is no information before me that the landlord was not permitted to approach the tenant’s front door.
I accept the exchange between Ms Delaney and the tenant was heated and the tenant found Ms Delaney’s conduct offensive. The information given to me today does not persuade me that the event was a breach of the tenant’s quiet enjoyment. Ms Delaney had a right to knock on the tenant’s door, and she had a legitimate, if mistaken reason for doing so.
If this conduct had been repeated on several occasions, showing that Ms Delaney had a habit of shooting first and asking questions later, it is possible this could have amounted to a pattern of behaviour that distressed the tenant and therefore amounted to harassment. But that is not what happened. This was a one off incident. On the strength of this one incident, I am not persuaded the tenant’s quiet enjoyment was breached. This claim is not proved.
The tenant sought permission to end the tenancy early, she was given permission, and she duly moved house. She is seeking moving costs. Absent a finding of the tenant’s quiet enjoyment being breached there is no breach to which such a claim for compensation attaches. This claim is not proved.
The applicant has requested name suppression. The RTA allows the Tribunal to order suppression of a party’s details when that party has been wholly or substantially successful in the proceedings. See section 95(1).
The RTA also allows the Tribunal to order that a party’s detail not be published if the interests of the party or the public interest are such that the information not be published. See section 95(4).
In this application, the tenant has not been successful. Nor has she persuaded me that there are interests either personal or public that support an application for suppression.
Because of this I do not order name suppression.

Order

The tenant’s claims are dismissed.

Reasons

Both parties attended the hearing. Ms Delaney was represented by Mr Crisp.
The tenant claims the landlord breached her quiet enjoyment. She seeks an award of $3,000.00 exemplary damages and compensation for her moving costs following the end of the tenancy.
A landlord must not interfere with the reasonable peace, comfort or privacy of the tenant in their use of the premises. To do this is called breaching a tenant’s quiet enjoyment. See section 38(2) Residential Tenancies Act 1986, (the “RTA”).
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 parties signed a fixed-term tenancy agreement to take effect on 12 October 2025 and end on 12 October 2026.
The tenant said she found the property through Rent Hub and didn’t realise until after she was moving in, that the owners and not Rent Hub would be managing the tenancy.
I note the tenancy agreement records Barbara Delaney as the landlord, and Barbara Delaney signed the agreement on behalf of the landlord.
On the move in day, a mattress was in the driveway. The mattress was the possession of a different tenant.
The tenant said that Ms Delaney knocked on the tenant’s door and was verbally abusive to the tenant about the mattress, believing it to have been left there by the tenant. The tenant felt very upset at the way she was treated. She was also concerned for her twelve-year old daughter who witnessed the abuse.
The tenant said she felt traumatised by the incident. The next day she began negotiating with the landlord an early release from the tenancy.
The landlord said they never resisted the tenant leaving the tenancy early, but they were particular as to how the end of tenancy was arranged as they didn’t want to breach the RTA.
The tenancy ended by mutual consent on 25 November 2025. No rent was owed at the end of the tenancy and the landlord did not seek any break-lease fees. The bond has been fully refunded.
A landlord and any member of the public as an implied right allowing them to approach the front door of a property. This is a right that can be rescinded in a number of ways. However, on the 12 October 2025, the tenant had not rescinded this right. There is no information before me that the landlord was not permitted to approach the tenant’s front door.
I accept the exchange between Ms Delaney and the tenant was heated and the tenant found Ms Delaney’s conduct offensive. The information given to me today does not persuade me that the event was a breach of the tenant’s quiet enjoyment. Ms Delaney had a right to knock on the tenant’s door, and she had a legitimate, if mistaken reason for doing so.
If this conduct had been repeated on several occasions, showing that Ms Delaney had a habit of shooting first and asking questions later, it is possible this could have amounted to a pattern of behaviour that distressed the tenant and therefore amounted to harassment. But that is not what happened. This was a one off incident. On the strength of this one incident, I am not persuaded the tenant’s quiet enjoyment was breached. This claim is not proved.
The tenant sought permission to end the tenancy early, she was given permission, and she duly moved house. She is seeking moving costs. Absent a finding of the tenant’s quiet enjoyment being breached there is no breach to which such a claim for compensation attaches. This claim is not proved.
The applicant has requested name suppression. The RTA allows the Tribunal to order suppression of a party’s details when that party has been wholly or substantially successful in the proceedings. See section 95(1).
The RTA also allows the Tribunal to order that a party’s detail not be published if the interests of the party or the public interest are such that the information not be published. See section 95(4).
In this application, the tenant has not been successful. Nor has she persuaded me that there are interests either personal or public that support an application for suppression.
Because of this I do not order name suppression.

Tenancy Tribunal case 5365422 — Harassment at 12A Highland Avenue, Titirangi, Auckland 0604

At a glance

Tenancy Tribunal case 5365422 — Harassment at 12A Highland Avenue, Titirangi, Auckland 0604

At a glance

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