Tenantcheck Insights · Case study
Tenancy Tribunal case 5474856 — Rent arrears at 968 Brighton Road, Brighton, Dunedin 9035
Decided 10 June 2026 · Published 10 June 2026 · Application 5474856
Landlord favoured
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Dunedin
Tribunal region
Adjudicator
J Wilson
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $1,395.14
- Bond payment as ordered
- −$885.00
- Total balance for Tenant to pay Landlord
- $510.14
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 25/5/2026 | $1,367.14 | Rent arrears to 25/5/2026 | |
| Filing fee | $28.00 | Filing fee | |
| Net award | $510.14 | ||
| Total payable by Tenant to Landlord | $510.14 |
Claims and awards for application 5474856 — net $510.14 NZD. Verify on MoJ.
Rent arrears to 25/5/2026
- Amount
- $1,367.14
- Awarded to
- Landlord
- Reason
- Rent arrears to 25/5/2026
Filing fee
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee
Net award
Landlord $510.14
Total payable by Tenant to Landlord
Landlord $510.14
Claim types — money lines allowed on this order
Order
- The application by Arthur Stanley Purches for compensation and exemplary damages of $100,000.00 is dismissed.
- Arthur Stanley Purches must pay Wgr Property Management Limited T/As Lj Hooker Property Management As Agent For Southern Lights Holding Ltd $510.14 immediately, calculated as shown in table below:
- The Bond Centre is to pay the bond of $885.00 (6048380-006) to Wgr Property Management Limited T/As Lj Hooker Property Management As Agent For Southern Lights Holding Ltd immediately.
Reasons
- Both parties attended the case conference on 7/5/2026.
- The landlord attended the rescheduled hearing and provided am email dated 29/5/2026 from the tenant’s son, who holds a Power of Attorney for the tenant, that neither of them would be attending the hearing today.
- I heard the substantive issues because I am satisfied that the tenant had notice of the hearing, had not taken any steps to withdraw his application and the landlord wanted the hearing to proceed, rather than have the tenant’s claim dismissed for lack of prosecution.
- On 24/3/2026 the tenant filed an application for compensation and exemplary damages of $100,000.00 for failure to maintain, breach of healthy homes standards, breach of quiet enjoyment and retaliatory notice.
- In response the landlord on 7/4/2026 filed a claim for termination and possession based on a notice to quit.
- Subsequently, because the tenant had vacated the premises, the landlord unsuccessfully attempted to amend their application to rent arrears.
- The fixed term tenancy began on 24/3/2021 and has been renewed annually to end on 6/3/2026. The current weekly rent is $365.00. Standard of proof
- This is a civil jurisdiction which means when looking at the claims the standard of proof is on the balance of probabilities. Put simply this means both the tenant and landlord must establish, with evidence, that their claims are more likely than not.
- The Tribunal does not need to be completely certain. All evidence presented is considered and weighed to decide what is more likely.
- Where there are serious allegations, or important issues at stake, as is the case here, the Tribunal needs a level of supporting evidence benefitting the matters to be decided.
- Although I have not referred to all the evidence presented at the case conference and hearing the parties can be assured that it has been considered. For the purposes of conciseness only the most relevant or important evidence has been referred to.
- The onus is on both applicants to provide the necessary evidence to support their respective claims. If they fail to do so then the applications will be dismissed, whether they have merit or not. Landlord Claim
Does the tenant owe rent arrears?
- Although the landlord was unable to amend their application in the electronic system, I am satisfied that the tenant was aware of the issue of arrears by way of an email and rent schedule sent to him on 29/5/2026.
- In the interests of determining the dispute between the parties in full, I have included the claim for rent arrears in the landlord’s application.
- As the tenant has vacated the issue of termination and possession is moot.
- The landlord provided rent records which show the tenant did not pay the final four weeks rent of $1,367.14 for the tenancy.
- I am persuaded by the evidence and the claim for rent arrears is successful.
- An order has been made for the amount owing, less the bond. Tenant Claim
Did the landlord harass the tenant?
- In his submissions at the case conference the tenant suggested that the landlord had harassed him and provided a USB with a recording of an inspection visit by the landlord on 23/2/2026.
- The landlord disputed they had harassed the tenant at any time during the tenancy.
- A landlord must not interfere with the reasonable peace, comfort or privacy of the tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986.
- 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.
- I have listened carefully to the lengthy recording of the discussion between the tenant and landlord, recorded without the knowledge of the landlord, on 23/2/2026.
- There is no suggestion in the recording whatsoever that the discussions were anything other than friendly and certainly no evidence of any interference with the peace, comfort or privacy of the tenant in his use of the premises.
- The only complaint expressed by the tenant was with the owner wishing to move back into the property so he could renovate it.
- I find the evidence does not support that the landlord has committed an unlawful act.
- The claim for exemplary damages fails.
Did the landlord breach their obligations?
- Arthur Stanley Purches claims that the landlord has breached their obligations by failing to maintain the premises and breach healthy homes standards – in particular “fraudulent” certificates, carbon monoxide poisoning from a leaky flu, lack of ceiling insulation, no bedroom doors and rodent ingress under the roofing iron,
- Under section 45(1)(b)&(bb), a landlord must, among other matters provide and maintain the premises in a reasonable state of repair and comply with the Residential Tenancies (Healthy Homes Standards) 2019 (HHS) for heating, ventilation, draught stopping, moisture ingress and drainage.
- Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
- Compliance dates for the HHS vary depending on the tenancy: a. For private rentals i. If the tenancy commenced between 1 July 2021 and before 28 August 2022, the rental must comply within 90 days of the commencement of any new or renewed tenancy; or ii. If the tenancy commenced between 28 August 2022 but before 3 March 2025, the rental must comply within 120 days of the commencement of any new or renewed tenancy. iii. All private rentals must comply by 1 July 2025.
- In support of the claim the tenant provided photographs of the wood burner and flu, with an AI generated “forensic” examination, and photographs of the outside of the premises, the latter dated 28/2/2026.
- The tenant was adamant that what he perceived as the defects with the flu had caused him to suffer from carbon monoxide poisoning over a long period of time.
- A GP provided a medical certificate dated 22/4/2026 in which he opined that the history of the tenant’s symptoms were consistent with long term carbon monoxide exposure.
- In response, the landlord provided a report from a space heating insulation specialist who inspected the fire and flu on 29/5/2026.
- The report concluded that the 30 year old fire and flu, while showing signs of age and rust was in sound condition and suitable for use.
- In addition, the landlord provided invoices for maintenance work undertaken on the fire in April 2020 and August 2025.
- Further the landlord provided the results of a carbon monoxide alarm attached by the owner to the fire after the tenant had vacated recording a reading of 0 when the fire was burning.
- The landlord submitted that a healthy homes inspection was completed on 13/10/2020 and by the date of compliance on 22/7/2021 the premises complied. Due to the construction of the roof no insulation could be installed.
- Also, the landlord confirmed that the dwelling was built in 1918 with out bedroom doors and the only sign of rodents was droppings outside the premises, adjacent to a bush area.
- While the photographs show lack of general maintenance to the external area of the dwelling, the I am not persuaded by the evidence that the landlord failed to comply with their obligations or use any fraudulent healthy homes standards compliance certificate.
- The landlord has not committed any unlawful acts and the claim for compensation and exemplary damages fails.
Was the notice retaliatory?
- On 11/2/2026, the landlord gave the tenant a notice ending the tenancy at the end of the fixed term being 6/3/2026, which was later extended to 6/4/2026. The tenant claims the notice is retaliatory.
- For a notice to be declared retaliatory, the tenant must prove that in terminating the tenancy, the landlord was motivated wholly or partly by the tenant exercising a right under the tenancy agreement or any Act, or by any complaint against the landlord. See section 54(1) Residential Tenancies Act 1986.
- Giving a termination notice which is declared to be retaliatory is an unlawful act for which exemplary damages may be awarded, up to a maximum of $6,500.00. See section 54(2), (3) and Schedule 1A Residential Tenancies Act 1986.
- The landlord submitted that notice was given to the tenant that the fixed term tenancy would not be renewed because the owner wished to move back into the property and undertake renovations.
- Up until the time of the notice the landlord suggested that the relationship with the tenant had been good.
- The tenant has provided no evidence to support that the issuing of the notice was due either wholly or in part by him exercising any right under the tenancy agreement or Act, or complaint against the landlord.
- Indeed, the only complaint that the tenants appears to have had from the audio recording, which was made after he received the notice, was that he was unhappy with the owner wishing to move back into the premises.
- Unfortunate as it may be for the tenant a landlord is entitled not to renew a fixed term tenancy if the owner wishes to move back into the premises and undertake renovations.
- I find the landlord has not committed an unlawful act and the claim for exemplary damages fails.
- As the landlord has wholly succeeded with the claim, I must award the filing fee.
- The landlord did not ask for suppression.
- Suppression is not available to the tenant.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s38(2), s38(3), s45(1), s45(1A), s54(1), s54(2)
Key findings
- Dispute theme: rent arrears
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5474856?
The tribunal order states: The application by Arthur Stanley Purches for compensation and exemplary
How much money was awarded in case 5474856?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,367.14 awarded to landlord
What type of tenancy dispute was case 5474856?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5474856?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13725541-Tribunal_Order.pdf.