Tenantcheck Insights · Case study
Tenancy Tribunal case 5418429 — Exemplary damages
Decided 7 Apr 2026 · Published 7 Apr 2026 · Application 5418429
- Exemplary damages
Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.
At a glance
Key facts from the published tribunal order.
Adjudicator
B King
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- This Order records an agreement reached between the parties and the Tribunal orders suppression of both parties’ names and identifying details.
- [The landlord/s] , by bank transfer his SBS account 03 1355 0604609-00, within 24 hours of this Order being issued.
- This Order determines all issues between the parties concerning the tenancy.
Reasons
- Both parties attended the hearing which was held by videoconference.
- The landlord has not filed a cross application but it is fair and sensible that her response to the tenant’s claim be treated as a cross application and all matters determined today. The tenant agrees. Background
- The parties entered into a fixed term agreement for a term from 22 December 2025 to 16 March 2026.
- Rent was $600.00 per week. The tenant paid $7,200.00 for the whole of the 12 week’s rent, in advance. There is no dispute that was the tenant’s proposal.
- The tenant elected not to move into the premises.
- The landlord found another tenant for a tenancy starting on 20 January 2026 at a weekly rent of $465.00 per week.
- The landlord’s loss (no rent 22.12.25-20.01.26 and $135.00pw rent shortfall
- 01.26-16.03.26) totals $3,766.00.
- The parties have agreed on a settlement of their dispute in terms of the above orders.
- The documentation of the agreement and the landlord receiving 12 weeks rent in advance, are breaches of the landlord’s obligations that may entitle the tenant to compensation and/ or exemplary damages. The landlord has proved the loss caused by breach of the tenant’s obligations.
- I am satisfied that the settlement agreed between the parties, is within the range of outcomes the Tribunal could have considered just and there is no reason not to give effect to it.
- No Order is made in respect of the filing fee.