What was the outcome of Tenancy Tribunal case 5440391?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5440391?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5440391?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5440391?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13502706-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5440391?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5440391?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5440391?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5440391?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13502706-Tenancy_Tribunal_Order.pdf.

Room 1, Unit/Flat 1, 85 Washington Road, Washington Tenancy Tribunal Case 5440391 — Harassment

Order

The application is dismissed.

Reasons

Both parties attended the hearing.
This is a current tenancy which began on 19 May 2025. Background
The applicant seeks an urgent transfer to new premises following a serious assault by an associate of a neighbouring tenant on 20 January 2026. The Police were involved, the assailant identified and prosecuted.
Both the applicant and the neighbour have tenancies with Kāinga Ora– Homes and Communities, who will be referred to as the landlord.
The landlord filed an application with the Tribunal for termination of the neighbour’s tenancy. This application was dismissed.
The landlord sought a rehearing of this decision. This was dismissed by the tenancy Tribunal on 25 March 2026.
The tenant sought an urgent transfer to another premises as she felt fearful in her home, was stressed and unable to stay there. She said that after the assault she left the premises and the last day there was 20 January.
The tenant and she has been living in her car and is now under the care of Women’s Refuge as she has been the subject of further threats from as yet unidentified person. The tenant said she would upload further evidence in support of this.
The evidence provided on the day of the hearing were copies of complaints to the landlord, complaints to the ombudsman, abusive emails from her to her property manager about delays in finding other accommodation and some responses from Kāinga Ora–Homes and Communities. Claims
The applicant claimed compensation of $5500.00 stating that the landlord breached their responsibilities by, a) Failing to take steps to keep her safe in her home and failing to secure her home by providing deadbolts. b) Failing to act after she was seriously assaulted at the premises. c) Failing to provide a safety plan d) Failing to respond to request for an urgent transfer to another premises.
The party bring the claims to the Tribunal has responsibility to prove them. The standard of proof in the Tenancy Tribunal is the balance of probabilities. This means I must be satisfied, on the evidence before me, that it is more likely than not that a breach has occurred.
The tenant must first establish if a breach has occurred. The Residential Tenancies Act 1986, RTA, applies to every tenancy for residential purposes except as specifically provided and the Tenancy Tribunal has jurisdiction to hear and determine any dispute between a landlord and a tenant in respect of any tenancy to which the Act applies. See Section 4 and 77(1) of the RTA.
The RTA sets out the right and duties of both landlords and tenants in respect of residential tenancies and parties cannot contract out of those responsibilities.
The landlord is a supplier of social housing for those with the highest housing need. They house people once they are matched with an available property and enter into tenancy agreements with them, often charging income related rent. These tenancy agreements and the landlord’s management of them must comply with the provisions of the RTA.

Did the landlord fail to keep the tenant safe?

The tenant said that she was suffering further harassment from an unidentified person and requested deadbolts be supplied to give another layer of security. She said that soon the person would be identified but was unable to provide further information.
The landlord said they did not supply deadbolts because they were a safety risk if the tenant was required to leave the premises quickly.
Although there is no statutory duty on a landlord to keep a tenant safe from third parties they are required to provide and maintain locks and other similar devices as are necessary to ensure that the premises are secure. See section 49 RTA.
There was no claim or evidence that the that the premises were not secure. The tenant’s request was for extra security above what is required by the RTA.
I find that the landlord has not breached this section of the RTA, and this claim is dismissed. Did the landlord fail to act after the tenant was assaulted.
Section 45 RTA states that a landlords responsibilities include taking 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 sought termination of the tenancy that was linked to the assault and sought a rehearing when this was dismissed.
The assailant was not tenant of the landlord, and the landlord cannot be held responsible for the actions of this person.
The landlords provided a copy of the call log from 20 January which recorded failed attempts to contact the tenant after the assault on 21,26 and 27 January. It acknowledged the tenants urgent request to be transferred and recorded further exchanges between the parties recording the tenant’s frustration at the delays.
The call log showed that the landlord responded to the tenant and had recorded her communications and also at times her abuse aimed at the landlord and property managers.
I find that the has landlord fulfilled their duties under the RTA. The tenant did not establish any sections of the RTA that the landlord had breached.
This claim is dismissed.

Is a landlord required to provide a safety plan under the RTA?

The RTA does not require a landlord to provide a safety plan for tenants.
The landlord’s representative at the hearing said that she has worked at Kāinga Ora–Homes and Communities for 14 years and does not know what this is. She said that some other agencies provided help in instances such as domestic violence but that this was not their role.
The tenant did not establish any breach of the RTA, and this claim is dismissed.

Is the landlord required under the RTA to transfer a tenant to another premises?

The landlord confirmed that a transfer of accommodation had been agreed to in principle for the tenant and a place was offered to her but was rejected. The tenant had specific requirements for her accommodation. During the hearing these were amended so that the landlord could consider a greater catchment area for future premises.
The landlord said they had to wait for a property that was suitable to become available, but they had no indication of when this would be.
The tenant claimed she knew of availability of housing and other districts but had no evidence to support this and the landlord could not confirm this.
The tenant does not want to give notice to terminate that tenancy as this will affect her place in line for a transfer.
The issue here is whether, by not urgently transferring the tenant, this amounted to a breach of the Residential Tenancy Act 1986 or of the residential tenancy agreement. The Tribunal can make orders where there is a breach of the RTA, and the RTA relates to existing tenancies not the right to alternative accommodation.
A landlord is not required to transfer a tenant from one premises to another under the RTA. The tenant was unable to establish that the RTA or tenancy agreement has been breached.
Although it is clear that the tenant urgently wants to move, the Tribunal does not have the jurisdiction to make any order in this respect.
This claim is dismissed.
The applicant has not established their claims their application is dismissed.

Order

The application is dismissed.

Reasons

Both parties attended the hearing.
This is a current tenancy which began on 19 May 2025. Background
The applicant seeks an urgent transfer to new premises following a serious assault by an associate of a neighbouring tenant on 20 January 2026. The Police were involved, the assailant identified and prosecuted.
Both the applicant and the neighbour have tenancies with Kāinga Ora– Homes and Communities, who will be referred to as the landlord.
The landlord filed an application with the Tribunal for termination of the neighbour’s tenancy. This application was dismissed.
The landlord sought a rehearing of this decision. This was dismissed by the tenancy Tribunal on 25 March 2026.
The tenant sought an urgent transfer to another premises as she felt fearful in her home, was stressed and unable to stay there. She said that after the assault she left the premises and the last day there was 20 January.
The tenant and she has been living in her car and is now under the care of Women’s Refuge as she has been the subject of further threats from as yet unidentified person. The tenant said she would upload further evidence in support of this.
The evidence provided on the day of the hearing were copies of complaints to the landlord, complaints to the ombudsman, abusive emails from her to her property manager about delays in finding other accommodation and some responses from Kāinga Ora–Homes and Communities. Claims
The applicant claimed compensation of $5500.00 stating that the landlord breached their responsibilities by, a) Failing to take steps to keep her safe in her home and failing to secure her home by providing deadbolts. b) Failing to act after she was seriously assaulted at the premises. c) Failing to provide a safety plan d) Failing to respond to request for an urgent transfer to another premises.
The party bring the claims to the Tribunal has responsibility to prove them. The standard of proof in the Tenancy Tribunal is the balance of probabilities. This means I must be satisfied, on the evidence before me, that it is more likely than not that a breach has occurred.
The tenant must first establish if a breach has occurred. The Residential Tenancies Act 1986, RTA, applies to every tenancy for residential purposes except as specifically provided and the Tenancy Tribunal has jurisdiction to hear and determine any dispute between a landlord and a tenant in respect of any tenancy to which the Act applies. See Section 4 and 77(1) of the RTA.
The RTA sets out the right and duties of both landlords and tenants in respect of residential tenancies and parties cannot contract out of those responsibilities.
The landlord is a supplier of social housing for those with the highest housing need. They house people once they are matched with an available property and enter into tenancy agreements with them, often charging income related rent. These tenancy agreements and the landlord’s management of them must comply with the provisions of the RTA.

Did the landlord fail to keep the tenant safe?

The tenant said that she was suffering further harassment from an unidentified person and requested deadbolts be supplied to give another layer of security. She said that soon the person would be identified but was unable to provide further information.
The landlord said they did not supply deadbolts because they were a safety risk if the tenant was required to leave the premises quickly.
Although there is no statutory duty on a landlord to keep a tenant safe from third parties they are required to provide and maintain locks and other similar devices as are necessary to ensure that the premises are secure. See section 49 RTA.
There was no claim or evidence that the that the premises were not secure. The tenant’s request was for extra security above what is required by the RTA.
I find that the landlord has not breached this section of the RTA, and this claim is dismissed. Did the landlord fail to act after the tenant was assaulted.
Section 45 RTA states that a landlords responsibilities include taking 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 sought termination of the tenancy that was linked to the assault and sought a rehearing when this was dismissed.
The assailant was not tenant of the landlord, and the landlord cannot be held responsible for the actions of this person.
The landlords provided a copy of the call log from 20 January which recorded failed attempts to contact the tenant after the assault on 21,26 and 27 January. It acknowledged the tenants urgent request to be transferred and recorded further exchanges between the parties recording the tenant’s frustration at the delays.
The call log showed that the landlord responded to the tenant and had recorded her communications and also at times her abuse aimed at the landlord and property managers.
I find that the has landlord fulfilled their duties under the RTA. The tenant did not establish any sections of the RTA that the landlord had breached.
This claim is dismissed.

Is a landlord required to provide a safety plan under the RTA?

The RTA does not require a landlord to provide a safety plan for tenants.
The landlord’s representative at the hearing said that she has worked at Kāinga Ora–Homes and Communities for 14 years and does not know what this is. She said that some other agencies provided help in instances such as domestic violence but that this was not their role.
The tenant did not establish any breach of the RTA, and this claim is dismissed.

Is the landlord required under the RTA to transfer a tenant to another premises?

The landlord confirmed that a transfer of accommodation had been agreed to in principle for the tenant and a place was offered to her but was rejected. The tenant had specific requirements for her accommodation. During the hearing these were amended so that the landlord could consider a greater catchment area for future premises.
The landlord said they had to wait for a property that was suitable to become available, but they had no indication of when this would be.
The tenant claimed she knew of availability of housing and other districts but had no evidence to support this and the landlord could not confirm this.
The tenant does not want to give notice to terminate that tenancy as this will affect her place in line for a transfer.
The issue here is whether, by not urgently transferring the tenant, this amounted to a breach of the Residential Tenancy Act 1986 or of the residential tenancy agreement. The Tribunal can make orders where there is a breach of the RTA, and the RTA relates to existing tenancies not the right to alternative accommodation.
A landlord is not required to transfer a tenant from one premises to another under the RTA. The tenant was unable to establish that the RTA or tenancy agreement has been breached.
Although it is clear that the tenant urgently wants to move, the Tribunal does not have the jurisdiction to make any order in this respect.
This claim is dismissed.
The applicant has not established their claims their application is dismissed.

Tenancy Tribunal case 5440391 — Harassment at Room 1, Unit/Flat 1, 85 Washington Road, Washington

At a glance

Tenancy Tribunal case 5440391 — Harassment at Room 1, Unit/Flat 1, 85 Washington Road, Washington

At a glance

Claims & awards

Order

Reasons

Did the landlord fail to keep the tenant safe?

Is a landlord required to provide a safety plan under the RTA?

Is the landlord required under the RTA to transfer a tenant to another premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Did the landlord fail to keep the tenant safe?

Is a landlord required to provide a safety plan under the RTA?

Is the landlord required under the RTA to transfer a tenant to another premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions