What was Tenancy Tribunal case 5378768 about?

The tribunal order states: The landlord’s application for possession is dismissed.

How much money was awarded in case 5378768?

Compensation: $350.00 awarded to tenant; Rent Arrears: $1,700.00 awarded to landlord

What type of tenancy dispute was case 5378768?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5378768?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12878863-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5378768 about?

The tribunal order states: The landlord’s application for possession is dismissed.

How much money was awarded in case 5378768?

Compensation: $350.00 awarded to tenant; Rent Arrears: $1,700.00 awarded to landlord

What type of tenancy dispute was case 5378768?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5378768?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12878863-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5378768 — Rent arrears

Claims and awards in Tenancy Tribunal application 5378768 — net $1,350.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 10 December 2025	$1,700.00		Rent arrears to 10 December 2025
Compensation		$350.00	Compensation
Total award	$1,700.00	$350.00
Net award	$1,350.00
Total payable by Tenant to Landlord	$1,350.00

Order

The landlord’s application for possession is dismissed.
There are orders for the suppression of the names and identifying details of the parties.
[The tenant/s] must pay [The landlord/s] $1,200.00 immediately, as calculated below:

Reasons

Both parties attended the hearing.
The landlord seeks possession of the premises on the basis of a termination notice that was given to the tenant.
[the tenant] has listed a number of complaints in her application. She says the landlord has: a. refused to provide a written tenancy agreement b. given her two notices to terminate, despite it being a 6-month tenancy; c. has called her a squatter and threatened to throw out all her belongings d. threatens to turn up with trucks and move her belongings int the house; e. has told the tenant that she has spoken to neighbours about her and told them that [the tenant] will be “out soon”. f. has threatened to remove locked gates.
It is evident that both parties are very stressed by the current situation. The landlord acknowledged that she has not rented a property before. It seems that her lack of understanding of her rights and responsibilities has contributed not only to [the tenant]’s anxiety, but also her own. It is strongly recommended that she consult the Tenancy Services website.

What are the terms of the agreement between the parties?

There is no written tenancy agreement.
Section 13 of the Residential Tenancies Act 1986 says that the landlord must ensure that the tenancy agreement is in writing and before the tenancy starts, the landlord must sign the agreement and provide a copy to the tenant, even if the tenant has not signed it.
Section 13C says that a tenancy agreement is enforceable even if is not in writing.
[the tenant] says that the agreement was a six-month fixed term tenancy. She produced a copy of an advertisement which said: Older 3 bdrm house and approx. 14 acres grazing for rent. Looking for min 6 month lease Located on paekakariki hill road.
It was advertised as $2,800 a month.
The landlord accepted that was what was advertised. She had thought that once the tenant moved in, there would be a 3-month term, rolling over to another 3-month term. She accepted that this alternative was not discussed with [the tenant].
The parties agree that the tenancy started on 27 August 2025.
I find that in the absence of any further discussion, [the tenant] had a reasonable expectation that she was entering into a six-month fixed term tenancy.
The bond was agreed at $900. She paid $200 of the bond on 26 August, and a further $700 on 10 September 2025.
On 28 August the tenant paid $1,400 being two weeks’ rent in advance.

Does the tenant owe the landlord rent?

The parties agreed that at the date of hearing (10 December 2025), the tenant owed the landlord $1,700. That amount is ordered by consent.

Has the tenancy been terminated?

The landlord has issued two termination notices. Neither party provided a copy of the first one, which was a 90-day termination. The tenant says it was issued just after she moved in.
Then on 18 September (approximately three weeks into the tenancy), the landlord issued a 42-day notice, saying that she was moving back in.
Section 51 sets out the ways in which a landlord may terminated a periodic tenancy, including providing 42 days’ notice if the landlord wants to use the premises as their principal place of residence.
Because this is a fixed-term tenancy, section 51 does not apply. The termination notices are not valid. The tenancy continues until 26 February 2026, being 6 months since the commencement on 27 August 2025.
The tenancy has not been terminated and the landlord is not entitled to possession.

Can the Tribunal order termination?

On application by the landlord, the Tribunal may order early termination of a fixed-term tenancy in certain situations. Section 55(1)(a) says that if the rent is at least 21 days in arrears on the date the landlord applies to the Tribunal for termination, the Tribunal must terminate. The rent was not 21 days in arrears at that time or at the date of the hearing.
Section 55(1)(aa) also provides for termination where the tenant’s rent payments have been at least 5 working days’ late on three occasions within 90 days. been late with rent. The Act sets out specific steps that the landlord must follow.
The landlord has not applied for termination under this section, and in any event has not provided evidence of grounds for termination for non-payment of rent.
The tenancy is not terminated.

Has the landlord interfered with the reasonable peace of the tenant?

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.
The tenant says that the landlord has breached her quiet enjoyment in the following ways: a. given her two notices to terminate, despite it being a 6-month tenancy; b. has called her a squatter and threatened to throw out all her belongings; c. threatens to turn up with trucks and move her belongings into the house; d. has told the tenant that she has spoken to neighbours about her and told them that [the tenant] will be “out soon”. e. has threatened to remove locked gates. f. taken down the back boundary fence without notice. g. digger has arrived without proper notice.
The property is a rural one with some land on which the tenant has horses. She had moved her horses on the understanding that some digging was to be done. No-one arrived until some two months after the notice had been given. The moving of the boundary fence without notice could have caused harm to her horse or to members of the public because it was a stallion that was grazing when the fence was removed without notice.
The landlord said that the tenant was aware that she would be doing some work on the property.
She agreed that she had called the tenant and her partner squatters and threatened to move back in. In her application, she had claimed $900 for the cost of her removal trucks.
I find that the combination of the landlord’s acts amount to a breach of quiet enjoyment of the tenant’s home. She is entitled to live there without being called a squatter or having threats of the landlord moving back in or bringing her belongings. The landlord needed to provide proper notice of any work or maintenance and to communicate in a professional way with her tenants.
I find that the tenant is entitled to compensation of $350, being half one week’s rent. Has the landlord complied with obligations regarding the tenancy agreement and bond?
As noted above, the landlord has not complied with section 13 which says that a landlord must ensure the tenancy agreement is in writing, signed and a copy provided to the tenant prior to the tenancy commencing. See section 13 Residential Tenancies Act 1986.
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.
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 tenant has not applied for exemplary damages and so I make no such order.
There is no basis for compensation for this failure. In fact, it is likely the landlord who has been affected by the lack of a tenancy agreement because it has made it more difficult for the tenant to get assistance from WINZ to pay the rent arrears.
The landlord is now clearly on notice of her obligations and may find that she is liable for exemplary damages if she does not rectify the situation immediately.
[The tenant/s] claims the landlord has not lodged the bond with the Bond Centre within the required time.
A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986. 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.
No application has been made for exemplary damages and so I make no order.
Again, the landlord is strongly advised to inform herself of her obligations and make sure she complies with them promptly.
The tenant is also reminded of her obligations to pay her rent and to clear the rent arrears owing.
Each party has had some success and so no order is made for reimbursement of the filing fee. I have also ordered name suppression on this occasion. However, it may be that name suppression is not ordered on future applications.

Claims and awards in Tenancy Tribunal application 5378768 — net $1,350.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 10 December 2025	$1,700.00		Rent arrears to 10 December 2025
Compensation		$350.00	Compensation
Total award	$1,700.00	$350.00
Net award	$1,350.00
Total payable by Tenant to Landlord	$1,350.00

Order

The landlord’s application for possession is dismissed.
There are orders for the suppression of the names and identifying details of the parties.
[The tenant/s] must pay [The landlord/s] $1,200.00 immediately, as calculated below:

Reasons

Both parties attended the hearing.
The landlord seeks possession of the premises on the basis of a termination notice that was given to the tenant.
[the tenant] has listed a number of complaints in her application. She says the landlord has: a. refused to provide a written tenancy agreement b. given her two notices to terminate, despite it being a 6-month tenancy; c. has called her a squatter and threatened to throw out all her belongings d. threatens to turn up with trucks and move her belongings int the house; e. has told the tenant that she has spoken to neighbours about her and told them that [the tenant] will be “out soon”. f. has threatened to remove locked gates.
It is evident that both parties are very stressed by the current situation. The landlord acknowledged that she has not rented a property before. It seems that her lack of understanding of her rights and responsibilities has contributed not only to [the tenant]’s anxiety, but also her own. It is strongly recommended that she consult the Tenancy Services website.

What are the terms of the agreement between the parties?

There is no written tenancy agreement.
Section 13 of the Residential Tenancies Act 1986 says that the landlord must ensure that the tenancy agreement is in writing and before the tenancy starts, the landlord must sign the agreement and provide a copy to the tenant, even if the tenant has not signed it.
Section 13C says that a tenancy agreement is enforceable even if is not in writing.
[the tenant] says that the agreement was a six-month fixed term tenancy. She produced a copy of an advertisement which said: Older 3 bdrm house and approx. 14 acres grazing for rent. Looking for min 6 month lease Located on paekakariki hill road.
It was advertised as $2,800 a month.
The landlord accepted that was what was advertised. She had thought that once the tenant moved in, there would be a 3-month term, rolling over to another 3-month term. She accepted that this alternative was not discussed with [the tenant].
The parties agree that the tenancy started on 27 August 2025.
I find that in the absence of any further discussion, [the tenant] had a reasonable expectation that she was entering into a six-month fixed term tenancy.
The bond was agreed at $900. She paid $200 of the bond on 26 August, and a further $700 on 10 September 2025.
On 28 August the tenant paid $1,400 being two weeks’ rent in advance.

Does the tenant owe the landlord rent?

The parties agreed that at the date of hearing (10 December 2025), the tenant owed the landlord $1,700. That amount is ordered by consent.

Has the tenancy been terminated?

The landlord has issued two termination notices. Neither party provided a copy of the first one, which was a 90-day termination. The tenant says it was issued just after she moved in.
Then on 18 September (approximately three weeks into the tenancy), the landlord issued a 42-day notice, saying that she was moving back in.
Section 51 sets out the ways in which a landlord may terminated a periodic tenancy, including providing 42 days’ notice if the landlord wants to use the premises as their principal place of residence.
Because this is a fixed-term tenancy, section 51 does not apply. The termination notices are not valid. The tenancy continues until 26 February 2026, being 6 months since the commencement on 27 August 2025.
The tenancy has not been terminated and the landlord is not entitled to possession.

Can the Tribunal order termination?

On application by the landlord, the Tribunal may order early termination of a fixed-term tenancy in certain situations. Section 55(1)(a) says that if the rent is at least 21 days in arrears on the date the landlord applies to the Tribunal for termination, the Tribunal must terminate. The rent was not 21 days in arrears at that time or at the date of the hearing.
Section 55(1)(aa) also provides for termination where the tenant’s rent payments have been at least 5 working days’ late on three occasions within 90 days. been late with rent. The Act sets out specific steps that the landlord must follow.
The landlord has not applied for termination under this section, and in any event has not provided evidence of grounds for termination for non-payment of rent.
The tenancy is not terminated.

Has the landlord interfered with the reasonable peace of the tenant?

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.
The tenant says that the landlord has breached her quiet enjoyment in the following ways: a. given her two notices to terminate, despite it being a 6-month tenancy; b. has called her a squatter and threatened to throw out all her belongings; c. threatens to turn up with trucks and move her belongings into the house; d. has told the tenant that she has spoken to neighbours about her and told them that [the tenant] will be “out soon”. e. has threatened to remove locked gates. f. taken down the back boundary fence without notice. g. digger has arrived without proper notice.
The property is a rural one with some land on which the tenant has horses. She had moved her horses on the understanding that some digging was to be done. No-one arrived until some two months after the notice had been given. The moving of the boundary fence without notice could have caused harm to her horse or to members of the public because it was a stallion that was grazing when the fence was removed without notice.
The landlord said that the tenant was aware that she would be doing some work on the property.
She agreed that she had called the tenant and her partner squatters and threatened to move back in. In her application, she had claimed $900 for the cost of her removal trucks.
I find that the combination of the landlord’s acts amount to a breach of quiet enjoyment of the tenant’s home. She is entitled to live there without being called a squatter or having threats of the landlord moving back in or bringing her belongings. The landlord needed to provide proper notice of any work or maintenance and to communicate in a professional way with her tenants.
I find that the tenant is entitled to compensation of $350, being half one week’s rent. Has the landlord complied with obligations regarding the tenancy agreement and bond?
As noted above, the landlord has not complied with section 13 which says that a landlord must ensure the tenancy agreement is in writing, signed and a copy provided to the tenant prior to the tenancy commencing. See section 13 Residential Tenancies Act 1986.
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.
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 tenant has not applied for exemplary damages and so I make no such order.
There is no basis for compensation for this failure. In fact, it is likely the landlord who has been affected by the lack of a tenancy agreement because it has made it more difficult for the tenant to get assistance from WINZ to pay the rent arrears.
The landlord is now clearly on notice of her obligations and may find that she is liable for exemplary damages if she does not rectify the situation immediately.
[The tenant/s] claims the landlord has not lodged the bond with the Bond Centre within the required time.
A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986. 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.
No application has been made for exemplary damages and so I make no order.
Again, the landlord is strongly advised to inform herself of her obligations and make sure she complies with them promptly.
The tenant is also reminded of her obligations to pay her rent and to clear the rent arrears owing.
Each party has had some success and so no order is made for reimbursement of the filing fee. I have also ordered name suppression on this occasion. However, it may be that name suppression is not ordered on future applications.

Tenancy Tribunal case 5378768 — Rent arrears

At a glance

Tenancy Tribunal case 5378768 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

What are the terms of the agreement between the parties?

Does the tenant owe the landlord rent?

Has the tenancy been terminated?

Can the Tribunal order termination?

Has the landlord interfered with the reasonable peace of the tenant?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

What are the terms of the agreement between the parties?

Does the tenant owe the landlord rent?

Has the tenancy been terminated?

Can the Tribunal order termination?

Has the landlord interfered with the reasonable peace of the tenant?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions