Published tribunal order
Tenancy Tribunal case 5421289 — Rent arrears
Decided 1 May 2026 · Published 1 May 2026 · Application 5421289
- Rent arrears
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
- Naiomi Waite must pay [The landlord/s] $692.00 immediately, calculated as shown in the table below.
- The Bond Centre is to pay the bond of $100.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Reasons
- This hearing was conducted by videoconference and was attended [The landlord/s], and [The landlord’s representative]. The tenant did not join the video meeting at the scheduled time, either by video or telephone. As the tenant has been notified, the hearing proceeded.
- The landlord has applied for rent arrears, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy. The landlord also seeks compensation and exemplary damages for emotional stress arising from the tenant’s behaviour.
How much is owed for rent?
- The landlord’s evidence is that the tenancy ended on 26 November 2025, after the tenant gave notice to end the tenancy. The landlord provided rent records and oral evidence to establish the amount owing at the end of the tenancy. The landlord has explained that the rent summary does not include a credit for the portion of the bond held by the landlord ($2,300.00). The balance of $100.00 is held at the Bond Centre.
Did the tenant comply with their obligations at the end of the tenancy?
- At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the RTA).
- The landlord has provided photographic evidence which establishes that the tenant did not remove all rubbish at the end of the tenancy. The landlord incurred rubbish disposal fees ($104.63). The amount awarded includes these fees and labour for removal and disposal.
- The landlord incurred other costs. Further time after the hearing was allowed for the landlord to provide evidence of the costs incurred. The landlord has since advised that she was no longer pursuing her claim for compensation for the broken dining chairs, carpet cleaning and other costs (repairs for the door damage). Other claims
- The landlord has provided evidence of the communication she has received from the tenant. She spoke of receiving abusive texts from her, which continued after the tenancy ended. She seeks compensation and exemplary damages for the emotional stress, ongoing harassment and threats.
- The emotional effect on the landlord of the tenant’s communication is acknowledged. However, as explained at the hearing, the Tribunal does not generally award compensation to landlords for emotional distress caused by a tenant’s behaviour. Compensation is generally limited to financial loss, such as unpaid rent, damage to property, or costs incurred to remedy a breach. While exemplary damages can be awarded to punish and deter certain unlawful acts, these are not for emotional harm and are only available for breaches specifically listed as “unlawful acts” in the RTA (see section 109 and Schedule 1A).
- Accordingly, this claim is dismissed. Filing fee and name suppression
- As the landlord has been substantially successful, the tenant is to pay the landlord’s filing fee.
- The landlord’s request for name suppression is granted on the same basis.