Published tribunal order
Tenancy Tribunal case 5425199 — Property damage at 15 Marchant Road, Hihi, RD 1, Mangonui 0494
Decided 21 Apr 2026 · Published 21 Apr 2026 · Application 5425199
- Property damage
- Exemplary damages
Order
- This order amends and replaces previous Tribunal order dated 16 April 2026 under application 5425199 to take account of the Bond.
- [The tenant/s] must pay Far North Circle Real Estate Limited As Agent For David & Pricilla Chetty $1,540.00 from the bond, calculated as shown in table below.
- [The tenant/s] must pay Far North Circle Real Estate Limited As Agent For David & Pricilla Chetty $36.60 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $1,540.00 to Far North Circle Real Estate Limited As Agent For David & Pricilla Chetty immediately.
Reasons
- Both parties attended the hearing.
- The landlord is seeking compensation of $1,051.60 for 2 lock changes, and exemplary damages for the tenant failing to quit the premises on termination of the tenancy.
Is the tenant liable for 2 lock changes?
- The tenant was evicted on 25 July 2025 with a bailiff in attendance. The tenant does not dispute that she re-entered the premises on 29 July and she says she had nowhere else to go.
- In these circumstances, the tenant is liable for the lock changes as both were necessary to secure the premises.
Should exemplary damages be awarded?
- The landlord claims the tenant did not vacate the premises on 8 May 2025, the date the tenancy ended on foot of a 90-day notice. The landlord is seeking $1,500.00 exemplary damages.
- A tenant must vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the Residential Tenancies Act 1986.
- Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 40(3A)(a) and Schedule 1A Residential Tenancies Act 1986.
- The tenant says she had ongoing claims before the Tribunal, the landlord did not provide her with another property, and she had nowhere else to go.
- I find the tenant has committed an unlawful act. While I accept that the tenant had a series of hearings and rehearings before the Tribunal, none were successful. I note that the last rehearing claim was struck out as an abuse of process. The Adjudicator stated, “I can see no merit in the application. I consider it frivolous and vexatious, particularly considering the numerous decisions already issued by the Tribunal in respect of this matter.”
- Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied 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.
- While I acknowledge the difficult circumstances the tenant found herself in, she intentionally remained in unlawful occupation of the premises for approximately 11 weeks after the termination date, without any reasonable excuse. All of her claims to the Tribunal were either dismissed or struck out. Despite the forced eviction, she does not dispute that she re-entered the premises which resulted in police being called out and necessitated another lock change. The tenant’s actions have caused the landlord unnecessary expense and distress. There is a high public interest in ensuring that tenants quit the premises on the termination of the tenancy and do not remain in occupation unlawfully.
- Weighing all of these factors and the substantive merits and justice, I find it ‘just’ to award exemplary damages of $500.00.
- As the landlord has partly succeeded with the claim, the tenant must reimburse the filing fee.