Tenant Wins Compensation and Bond Refund in Tenancy Tribunal Case

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[2026] NZTT 5420889

TENANCY TRIBUNAL AT NORTH SHORE | TE TARAIPIUNARA RETIHANGA KI ŌKAHUKURA

APPLICANT: [redacted]

Tenant

RESPONDENT: [redacted]

Landlord

TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]

ORDER

1. The [COMPANY] is to pay the bond of $3,160.00 (BN-17428318) to [NAME] immediately.

2. [NAME] must pay [NAME] $1,028.00 immediately.

3. For the avoidance of doubt, Cleone Hall was not a tenant under the tenancy agreement between Ms [NAME] and [NAME].

Description Landlord Tenant Compensation (breach of quiet enjoyment) $500.00 Exemplary damages $500.00 Filing fee reimbursement $28.00 Total award $1,028.00 Bond $3,160.00 Total payable by Landlord to Tenant $1,028.00

Reasons:

1. The hearing was held on 15 June 2026.

2. The tenant, [NAME], attended the hearing.

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3. The landlord, Ms [NAME], did not attend the hearing. The landlord did not notify the Tribunal Registry of any reason for non-attendance and did not seek an adjournment. I was satisfied the landlord had notice of the hearing. The hearing therefore proceeded in her absence.

4. The tenancy commenced on 24 January 2024 and terminated on 10 December 2025.

Refund of the bond

5. The tenant has applied for refund of the bond.

6. Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant.

Who was Cleone Hall?

7. A significant issue raised by the tenant concerned the appearance of the name “Cleone Hall” on correspondence from the [COMPANY] relating to bond number BN-17428318.

8. The tenant gave evidence that she did not know who Cleone Hall was and had never authorised any person by that name to be added as a tenant.

9. The tenant stated that receiving an email from the [COMPANY] identifying Cleone Hall as a tenant caused her considerable concern because she feared her bond money might be released to an unknown person.

10. The tenancy agreement clearly identifies the parties to the tenancy as the landlord, [NAME], and the tenant, [NAME]. The agreement does not identify Cleone Hall as a tenant. The tenant also gave evidence that she was unaware of the identity of Cleone Hall.

11. The [COMPANY] had no written record explaining how Cleone Hall came to be recorded against the bond, other than an email dated 10 April 2026 which identified Cleone Hall as a tenant.

12. There is no evidence before me that any bond money was paid to Cleone Hall.

13. There is also no evidence that the landlord added Cleone Hall to the bond without the tenant’s consent, nor is there evidence explaining how the name came to be associated with the bond record.

14. The burden rests on the tenant to establish the facts relied upon. While I accept the tenant was distressed by the appearance of an unfamiliar name on the bond

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record, there is insufficient evidence for me to conclude that Cleone Hall was added mistakenly, improperly, or without consent by the landlord.

15. I further find there is no evidence that the tenant suffered any actual financial loss arising from the inclusion of Cleone Hall’s name.

16. Accordingly, I find that Cleone Hall was not a tenant under the tenancy agreement. No further order is made in relation to this issue.

Breach of quiet enjoyment

17. [NAME] claims the landlord has breached her quiet enjoyment.

18. 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.

19. 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.

20. 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". [NAME] v [NAME], CIV-2009-[PHONE], DC Hamilton, 26 February 2010.

21. The tenant submitted that when the tenancy commenced there was an agreement that blinds or curtains would be installed in the living and dining areas of the property.

22. The evidence before me establishes that the promised window coverings were not installed until 4 April 2024. As a result, between 24 January 2024 and 4 April 2024 the tenant did not have adequate privacy in the main living areas of the property.

23. I accept the tenant’s evidence that neighbouring properties had a direct view into the living and dining areas and that the absence of blinds substantially affected her ability to enjoy the premises in privacy.

24. I am satisfied the landlord’s failure to provide the promised blinds during this period amounted to an interference with the tenant’s right to quiet enjoyment under s 38 of the Residential Tenancies Act 1986.

25. I also accept the tenant’s evidence that, after the blinds were installed, the landlord failed to pay the contractor responsible for supplying and installing them. Documentary evidence shows the contractor repeatedly contacted the tenant regarding the unpaid invoice and sought assistance in obtaining payment from the landlord.

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26. The tenant was contacted on numerous occasions between approximately 1 July 2024 and 9 August 2024 regarding the landlord’s debt. I accept that these repeated communications caused the tenant stress and anxiety.

27. I find that the cumulative effect of the absence of blinds and the subsequent repeated contact from the contractor constituted a breach of the tenant’s right to quiet enjoyment.

28. The landlord therefore committed an unlawful act.

29. Taking into account the nature of the breach, its duration, and the distress caused to the tenant, I consider compensation of $500 to be appropriate

30. 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) Residential Tenancies Act 1986.

31. The landlord’s conduct in failing to address the privacy concerns arising from the absence of blinds and in allowing the tenant to become involved in matters relating to the landlord’s unpaid debt warrants an award of exemplary damages.

32. Having regard to the circumstances of the case, I award exemplary damages of $500.

Filing fee

33. [NAME] has wholly succeeded with the claim I must reimburse the filing fee.

M Kan

15 June 2026

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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.

Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.

You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf

Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals

Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is less than $1000.

Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].

Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.

https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/

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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

Reasons: