Published tribunal order
Tenancy Tribunal case 5463521 — Exemplary damages at 7/218 Lake Road, Northcote, Auckland 0627
Published 23 April 2026 · Application 5463521
Tenant favoured
- Exemplary damages
Order
Xin Song must immediately pay Haoya Chen $4,028.00, calculated as set out in the table below. DescriptionTenant Bond Loss of amenity and general damages $1,400.00 $700.00 Exemplary damages for T.A. breaches$400.00 Exemplary damages interference quiet enjoyment$1,000.00 Filing fee reimbursement$28.00 Total amount landlord must pay the tenant$3,528.00
Reasons
- Mr Chen attended the hearing. A Mandarin interpreter, Rosie Zhang, assisted.
- The landlord did not attend. The hearing proceeded in their absence.
- Mr Chen claims the landlord did not fill out the tenancy agreement properly, misrepresented the premises, and interfered with his quiet enjoyment of the _____54635212 premises. For remedies he seeks return of his bond of $1,400.00, rent paid of $700.00, compensation, and exemplary damages. Background
- The premises is a modern three-storeyed townhouse. The ground level has the main entry, a garage for a car, washing machine and dryer, the downstairs bedroom and ensuite. The first floor has the kitchen, dining, and living room, and a toilet. The top floor has two bedrooms with ensuites.
- The landlord advertised for a tenant for the downstairs bedroom. Mr Chen contracted for the tenancy on about 26 February 2026 from overseas, having never seen the premises. The tenancy agreement did not record the landlord’s name, email address, or address for service. The agreement was to be for a fixed term beginning 5 March 2026 and ending 31 December 2026.
- However, when Mr Chen moved in on 5 March, he found the bedroom - which was about 9m 2 - was too small, did not have a wardrobe, only had access via the garage, and not as private as he expected. As a result, he moved out early. Before he moved out, the landlord readvertised the tenancy. To attract prospective tenants, the landlord insisted that Mr Chen must move his belongings to the garage, so the downstairs room and ensuite were presented to prospective tenants as being vacant and on two occasions required him not to come home between about 11.00am and 4.00pm so that prospective tenants could view the premises without Mr Chen being there.
- The issues for determination are: a. Did the landlord misrepresent the premises? b. Did the landlord breach her tenancy agreement duties? c.Did the landlord interfere with the tenant’s reasonable peace, comfort, or privacy to the level of harassment?
Did the landlord misrepresent the premises?
- If there was a misrepresentation of a term of the contract that was essential the agreement, or would substantially reduce the benefit of the contract, the affected party may be entitled to cancel the contract: see s 37 of the Contract and Commercial Law Act 2017. If that term induced the innocent party to enter the _____54635213 agreement, then damages may also be available under s 35 of the Contract and Commercial Law Act.
- In simple terms, a misrepresentation occurs when one party makes a representation to another party that the subject of the representation has a certain quality. For example, saying that a dishwasher was brand new, when it was second-hand.
- The landlord advertised the tenancy as including a room with a private bathroom, private entrance, being on the ground floor, and have a balcony and garden. I am not satisfied that these representations about the tenancy were incorrect.
- It follows, this claim is dismissed.
Did the landlord breach their tenancy agreement obligations?
- Landlords must ensure the tenancy agreement is in writing, sign the tenancy agreement, and provide a copy of the agreement to the tenant. 1 Further, the tenancy agreement must include the landlord’s full name and contact address, mobile telephone number, and email address. 2
- Breaching these obligations is an unlawful act, for which the Tribunal may award exemplary damages up to a maximum of $750.00. 3
- Mr Chen submitted a copy of the tenancy agreement. The landlord has not signed the tenancy agreement, has not included her name and content address, correct mobile number, or contact email address.
- The landlord has committed unlawful acts. Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied that 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. 4
- The omissions must have been intentional because the tenancy agreement is a template agreement which included spaces for those matters to be provided. It appears this landlord does not wish to disclose their identity. The effect of the unlawful act is that it is more difficult to hold the landlord accountable for their 1 Residential Tenancies Act 1986 (RTA) s 13. 2 RTA s 13A. 3 RTA ss 13(4), 13A(1AAA), and Schedule 1A. 4 RTA s 109(3). _____54635214 breaches. It is Mr Chen’s interests that exemplary damages. It is in the public interest that landlords meet their tenancy agreement obligations because they are an important foundation for many other rights and obligations provided for in the Residential Tenancies Act 1986 (RTA).
- The Tribunal orders exemplary damages of $400.00. Did the landlord interfere with the tenant’s reasonable peace?
- The tenant claims the landlord treated him rudely, made him move his belongings from his room, and insisted he not come home while she showed his room to prospective replacement tenants: I was worried because if I hadn't yet found another place, I would have wanted to leave this room immediately. Out of politeness, I spoke to the landlord in a friendly manner, explaining that I couldn't live in the room, let alone rent it long-term, and requested a refund of my rent and deposit. However, not only did she refuse to refund them, but on March 7th, without my consent, she invited people to view the room, even though I had already paid the deposit and rent. What frightened me even more was that during this viewing, she forcibly moved all my personal belongings to the garage, pretending the room was unoccupied, and told me not to come back until the viewers left. This meant I couldn't return to my rented room until after 4 PM. Throughout the entire conversation, her tone and attitude were very unfriendly and domineering, constantly blaming me. Legal principles
- A landlord must not interfere with the reasonable peace, comfort or privacy of the tenant in their use of the premises. 5 Breaching this obligation in circumstances that amount to harassment is an unlawful act for which exemplary damages may be awarded up to a maximum of $3,000.00. 6
- Harassment means "to trouble, worry or distress" or "to wear out, tire, or exhaust" and "indicates a particular pattern of behaviour directed towards another person": MacDonald v Dodds, CIV-2009-019-001524, DC Hamilton, 26 February 2010.
- Black’s Law Dictionary 7 defines “harassment” as: Words, conduct, or action (usu. repeated or persistent) that, being directed at a specific person annoys, alarms, or causes substantial emotional distress in that person and serves no legitimate purpose. 5 RTA s 38(2). 6 RTA s 38(3) and Schedule 1A. 7 Bryan A Gardener (ed) Black’s Law Dictionary (8 th ed, West Group, 2004). _____54635215
- The New Oxford Dictionary of English 8 defines “harass” as: subject to aggressive pressure or intimidation. Discussion
- The landlord’s requiring Mr Chen to move his belongings, and not come home were inconsistent with his reasonable peace, comfort, and privacy. Those actions and that “her tone and attitude were very unfriendly and domineering” amount to harassment.
- The landlord’s conduct was intentional. Having regard to the landlord’s intent, the conduct’s effect, Mr Chen’s interests, and the public interest, I am satisfied that it is just to award exemplary damages.
- The Tribunal orders $1,000.00 for exemplary damages.
- The Tribunal also orders damages of $700.00 for the two weeks’ rent the tenant paid to compensate the tenant for loss of amenity and emotional harm. Bond
- The landlord must return the tenant’s bond. Filing fee
- The Tribunal must order the landlord to reimburse Mr Chen for the filing fee.