Published tribunal order
Tenancy Tribunal case 5469930 — Rent arrears
Decided 30 Apr 2026 · Published 30 Apr 2026 · Application 5469930
- Rent arrears
- Property damage
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 names and identifying details of both parties.
- [The tenant/s] must pay [The landlord/s] $1,337.69 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Reasons
- Both parties attended the hearing on 28 April 2026. 5469930, 54724382
- The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
- The tenant made a cross-application seeking clarification of the landlord’s claims and claimed that the landlord interfered with the tenant’s quiet enjoyment.
- I deal with the landlord’s application first.
- The tenancy was from 8 August 2025 until 16 April 2026.
- The landlord provided rent records and water rates invoices proving the amount owing at the end of the tenancy.
- The tenant did not dispute the amounts owed. However, the tenant pointed out the fact that the tenant had paid for the fixed water charges when the tenant was paying the water rates directly. The landlord accepted that that the fixed charges should have been paid by the landlord.
- After offsetting the fixed charges already paid by the tenant, the water rates owing at the end was $14.69.
- Accordingly, I order the tenant to pay the landlord $3,745.00 for rent arrears and $14.69 for wate rates arrears. Compensation
- The landlord sought $500.00 as insurance excess for the water damage sustained at the premises. The tenant accepted responsibility for accidentally overflowing the bathtub.
- The landlord provided evidence of the insurance assessment and the claim payout.
- I find that the water damage was caused carelessly. The tenant is liable to pay the insurance excess. See section 49B(3)(a) Residential Tenancies Act 1986 (“RTA”). I order the tenant to pay $500.00 to the landlord.
- The landlord also sought $50.00 that the tenant had agreed to pay the landlord from the sale of the landlord’s oven. As this was agreed by the tenant, I include this amount in the payment to be paid by the tenant.
- As the landlord has wholly succeeded with the landlord’s application, the tenant must reimburse the landlord’s filing fee. Tenant’s cross-application
- I now turn to the tenant’s cross-application.
- The tenant claimed that the landlord has caused ongoing stress and disruption. This included unclear and inconsistent communication regarding obligations, 5469930, 54724383 attempting to end the lease without taking into account the information that the tenant had shared, excessive contact during late or early hours, unauthorised entry, leaving notes on the door and attempting to force visits without consent.
- Under section 38(2) RTA, a landlord must not interfere with the reasonable peace, comfort or privacy of the tenant in their use of the premises.
- 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. See section 38(3) and Schedule 1A RTA.
- 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.
- 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. See section 109(3) RTA.
- I have read the communications between the parties. I have heard the explanations about access to the premises and I do not find that there was any unlawful entry by the landlord at any point.
- I have also considered whether there was any wrongdoing by the landlord in proposing steps to be taken to get another flatmate or a tenant into the premises. I do not find that there had been any fault by the landlord.
- I did note that the landlord had placed “rent is due” note on the front door on 4 February 2026 and again on 4 March 2026. The 4 March 2026 note was written on the outside of the 14-day notice for rent arrears that had been printed for the tenant.
- The note on 4 February 2026 was unnecessary. The rent was not in arrears by any significant amount at the time. However, I do not find that it formed a particular pattern of behaviour that amounted to harassment. I do not find the tenant has proven the claims.
- The bond will be paid to the landlord to offset the amount payable by the tenant.