How much money was awarded in case 5404650?

Compensation: Stress And Anxiety: $1,500.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5404650?

The dispute type was not classified.

Where can I read the official tribunal order for case 5404650?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13076093-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5404650?

Compensation: Stress And Anxiety: $1,500.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5404650?

The dispute type was not classified.

Where can I read the official tribunal order for case 5404650?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13076093-Tribunal_Order_Redacted.pdf.

Flat 2, 30 Treadwell Street, Naenae, Lower Hutt 5011 Tenancy Tribunal Case 5404650 — Tenancy dispute

Q: What was Tenancy Tribunal case 5404650 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5404650 — net $1,528.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Stress and anxiety	$1,500.00	Stress and anxiety
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,528.00
Total payable by Landlord to Tenant	$1,528.00

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants’ names and identifying details except the tenancy address.

The term of the fixed-term tenancy of the tenants at Unit/Flat 2, 30 Treadwell Street, Naenae, Lower Hutt 5011 is reduced and now ends at any time by the tenants giving the landlord 14 days notice of the termination of the tenancy.

Avery Rental Management on behalf of A And T Ng Family Trust must pay the tenants $1,528.00 immediately calculated as set out below. DescriptionTenant Compensation: Stress and anxiety $1,500.00 Filing fee reimbursement $28.00 Total payable by Landlord to Tenant $1,528.00

Reasons

Both parties attended the hearing.

The tenants have applied for reduction of the fixed-term tenancy due to end on 17 May 2026.

The tenants have also applied for compensation for: a. mould on surfaces and b. noise coming other tenants living above them and c. The delay replacing the faulty electric stove. Should the fixed term be reduced.

The Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and b. there would be severe hardship to the applicant if the term is not reduced; and c. the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986.

The tenants have requested an end to the tenancy because of the thumping noise from the tenants living in the unit directly above them. One of the applicants had approached the tenants to request the thumping stop but the male tenant did not take warmly to the applicant’s request. The applicants contacted the property manager, requesting help to stop the thumping noises that disturbed them. The noise would be at any time during a day up until 1am in the morning. The landlord also contacted the tenants however the noise did not stop.

The premises is one within two groups of four units. The units are old and most likely have little noise suppressant material in their construction. It is not always possible to stop all noise from other tenants however it is reasonable for a tenant to expect that there will not be disruptive noise from any other unit occupiers.

When the tenants decided to rent the premises, they were not aware of the tenants’ behaviour in the premises above. The applicants have tolerated the noise for over eight months. I am satisfied that this was an unforeseen change of circumstances for the applicants that will continue to be a severe hardship for them if the fixed term of the tenancy is not reduced. The landlord may suffer hardship regarding costs to relet the premises and rental income until a new tenant is found. I find that the tenant’s hardship would be greater than the landlord’s hardship.

Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986.

I have determined that the tenants should not pay compensation to the landlord for the following reason. The tenants’ hardship has been caused by the landlord’s other tenants. Section 45(1)(e) RTA requires landlords take all reasonable steps to ensure that none of the landlord’s other tenants causes or permits any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises. The landlord visited the tenants upstairs and requested them to be aware of the noise they were creating. That did not fix the problem. The landlord could also have issued a 14 day notice to the upstairs tenants to reinforce the seriousness of the situation for the applicants in this case. The landlord chose not to take that reasonable step. The landlord could have checked with other tenants in the block, such as the tenant beside the upstairs tenant, to see if they were affected by noise. The applicant said a tenant had complained to them but not to the landlord. If the landlord accepted that the tenants above were not willing to control the noise, the landlord could have issued a 90 day notice to terminate the tenancy.

The landlord said that the previous tenants living in the applicants’ unit did not complain. I accept that the landlord may not have had complaints from the previous tenants however that does not mean that there was no disruptive noise. The previous tenants did not stay in the premises long after the upstairs tenants moved in. They purchased their own house. It is possible therefore that the previous tenants knew they would not have to tolerate noise from the above tenancy for any lengthy period of time and so decided not to complain.

The landlord will have to be very careful when reletting these premises that the new tenants are aware that there are thumping noises that randomly come from the tenancy above. Perhaps the landlord should require the upstairs tenant to move downstairs when the applicants leave. Compensation

The tenants have applied for compensation for the mouldy condition of the premises. I am satisfied from the evidence that the mould on the sliding windows and tracks comes from condensation and is a cleaning issue for the tenants. That claim is dismissed.

The tenants have claimed compensations from the landlord for stress because of the noise coming from the tenants living above them. I am satisfied that the tenant’s quiet enjoyment of the property has been compromised over a considerable period leading to their request to be released from thew tenancy. I am also satisfied that compensation should reflect that the rent should have been reduced for the tenants where the landlord’s other tenants are causing a problem.

The tenants have claimed $5,000.00.

The tenants have not suffered any tangible loss such as loss or damage to property. They are claiming for an intangible loss. It is well established in law that where the loss suffered is intangible, awards must be kept modest. Some degree of anxiety and stress has been considered an inevitable corollary to contracts such as residential tenancies. Virtually any breach brings with it some degree of disappointment and upset, and almost every action could give rise to a claim for intangible loss. It is very difficult to put a price on an intangible when it is not open to mathematical calculation and requires some degree of subjective assessment. The primary purpose of awarding compensation is to reflect the extent of the loss actually and reasonably suffered by the injured party.

In a previous tenancy case, Applicant [name suppressed] v Singh (2022) NZTT Auckland 4315225 appropriate bands were suggested where awards are made for emotional harm damages: “A. At the lower end of the scale, where a breach causes inconvenience, frustration, annoyance, or disappointment: an award of $200.00 to $1,000.00. B. Where due to the breach the party has endured more inconvenience and a higher level of mental distress such as worry, stress, tension, or anxiety: an award of $1,000.00 to $2,000.00. C. At the upper end of the scale, where the party has experienced hardship, insecurity, humiliation, intimidation, aggravation, or fear: an award of $2,000.00 and upwards.”

I have determined that “B” is an appropriate band in this case. The tenants experienced ‘mental distress such stress, tension, or anxiety’ with the thumping noise from the flat above that may not have been for long periods at a time but were frequent and constant on a weekly basis.

I have ordered compensation of $1,500.00 to the tenants.

There was also an inconvenience for the tenants because water leaked down the walls from the premises directly above them due to a faulty washing machine connection. That led to the stove shorting fault and replacement wall linings. The tenants have claimed compensation for the faulty stove that had to be disconnected on 2 October 2025 and was not replaced until 16 December 2025. I do not accept that it takes 75 days to source a replacement oven. In its defence the landlord did ask the tenants if they needed cooking equipment supplied and was told that they had a double hot plate and air fryer and did not need assistance. For that reason I have not ordered further compensation regarding the faulty stove. Filing fee

Because the landlord has been partly successful with the claim the filing fee of $28.00 is ordered to be paid by the tenant. Suppression

The tenants have applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The tenants have substantially succeeded with the claim and therefore name suppression is granted.

I have not granted suppression of the address because it is important that prospective tenants can be warned of properties where noise problems can exist.

Order

Claims and awards in Tenancy Tribunal application 5404650 — net $1,528.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Stress and anxiety	$1,500.00	Stress and anxiety
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,528.00
Total payable by Landlord to Tenant	$1,528.00

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants’ names and identifying details except the tenancy address.

Reasons

Both parties attended the hearing.

The tenants have applied for reduction of the fixed-term tenancy due to end on 17 May 2026.

Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986.

The tenants have claimed $5,000.00.

I have ordered compensation of $1,500.00 to the tenants.

Because the landlord has been partly successful with the claim the filing fee of $28.00 is ordered to be paid by the tenant. Suppression

The tenants have substantially succeeded with the claim and therefore name suppression is granted.

I have not granted suppression of the address because it is important that prospective tenants can be warned of properties where noise problems can exist.

Tenancy Tribunal case 5404650 — Tenancy dispute at Flat 2, 30 Treadwell Street, Naenae, Lower Hutt 5011

At a glance

Tenancy Tribunal case 5404650 — Tenancy dispute at Flat 2, 30 Treadwell Street, Naenae, Lower Hutt 5011

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions