Tenant Wins Compensation and Removal of Landlord's Belongings in Tenancy Tribunal Case

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[2026] NZTT 5484249

TENANCY TRIBUNAL AT TAURANGA | TE TARAIPIUNARA RETIHANGA KI TAURANGA MOANA

APPLICANT: [redacted]

Tenant

RESPONDENT: [redacted]

Landlord

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [COMPANY] as Agent for [NAME] are to remove all of the owner’s belongings/items from the premises within 14 days of the date of this order, excluding the following:

Entrance

1 side cabinet

Family room

1 x 3-seater couch

2 cane chairs

Lounge/Dining

1 hexagon glass coffee table

1 dining table

6 chairs

2. [COMPANY] As Agent For [NAME] must pay [NAME] and [NAME] $2,003.00 immediately, as shown in table below.

Description Landlord Tenant Compensation: Cleaning $40.00 Compensation: Loss of amenity $135.00 Compensation: Breach of HHS standards $300.00 Exemplary damages: Failure to maintain, HHS $500.00

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Exemplary damages: Healthy Homes Statement $500.00 Exemplary damages: Insurance statement $500.00 Filing fee reimbursement $28.00 Total award $2,003.00 Total payable by Landlord to Tenant $2,003.00

Reasons:

1. Both parties attended the hearing.

2. This is a fixed term tenancy which commenced on 2 January 2026 and is due to run until 31 January 2027.

3. The tenant is seeking the following:

- Removal of the landlord’s furniture and belongings and/or $50.00 rent reduction per week for the tenancy.

- $280.00 for cleaning.

- $300.00 for breach of healthy homes standards.

- Exemplary damages for lack of maintenance and failure to comply with healthy homes standards.

- Exemplary damages for a false or misleading healthy homes statement.

- Exemplary damages for failure to provide insurance statement.

4. Both parties attended the hearing.

5. The onus is on the tenant to prove her claims on the balance of probabilities.

6. The issues to be decided are as follows:

- What was agreed about the landlord’s furniture and belongings?

- Did the landlord fail to provide the premises in a reasonable state of cleanliness?

- Did the landlord fail to provide the premises in a reasonable state of repair and compliant with healthy homes standards?

- Did the landlord provide a false or misleading healthy homes statement?

- Did the landlord fail to provide an insurance statement?

What was agreed about the landlord’s furniture and belongings?

7. The tenant wants all of the landlord’s furniture and personal belongings removed from the premises and/or a rent reduction of $50.00 per week. The tenant says these items were not listed on the tenancy agreement.

8. The premises was advertised as, “Partly furnished: Dining table & chairs, casual lounge settee and more.” This is consistent with the advertising photographs provided. I accept the evidence of the landlord that she pointed out all of the furniture which was to

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remain at the premises at the viewings. I therefore find that this was agreed before the tenants signed the agreement and moved in.

9. However, I also find that the landlord left behind other belongings and smaller items which were not part of the agreement and were not removed until 2 February. This took up all of space in the storage cupboards in the garage and some space along a side wall which has led to a loss of amenity for the tenant. I assess this loss as $135.00 which is calculated as $30.00 per week for 4.5 weeks.

10. I order the removal of all remaining furniture and belongings except those items listed above which are to remain at the premises.

Did the landlord fail to provide the premises in a reasonable state of cleanliness?

11. The tenant claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.

12. Under section 45, a landlord must provide the premises in a reasonable state of cleanliness.

13. The landlord provided an invoice for cleaning that was carried out about a month before the tenants moved in. They accept that some items have been missed but they do not believe 8 hours of cleaning is justified. The landlord has already paid $200.00 to the tenants as compensation for cleaning.

14. I find that the premises was not up to a reasonably clean standard based on the evidence provided by the tenant and photographs provided. The tenant is seeking 8 hours of cleaning at $40.00 per hour.

15. I find that the number of hours claimed is reasonable given that this includes removing the landlord’s belongings to the storage cupboards and the inevitable additional cleaning involved.

16. I find that $30.00 per hour is fair and reasonable and proportionate for a total of $240.00. As the landlord has already paid $200.00, I award an additional $40.00 compensation.

Did the landlord fail to provide the premises in a reasonable state of repair and compliant with healthy homes standards?

17. The tenant is seeking $300.00 for lack of healthy homes compliance, and exemplary damages.

18. Under section 45 RTA, a landlord must provide and maintain the premises in a reasonable state of repair and comply with the health homes standards.

19. 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.

20. The landlord does not dispute that the premises was not healthy homes compliant at the start of the tenancy in respect of heating, ceiling insulation, and draught stopping.

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This was rectified by 11 February 2026. The landlord says that the electrical issues, kitchen tap, and gutters, have all been attended to, and would not have been immediately obvious from the previous inspection.

21. While I acknowledge that no property is perfect and some maintenance issues are to be expected, I find that the premises was not provided in a reasonable state of repair, and it was not healthy homes compliant.

22. I find the landlord has committed an unlawful act.

23. Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied 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.

24. The landlord says they were not aware that the healthy homes work had not been done before this tenancy started, but this should have been checked by them as part of their own due diligence. I find that the accumulation of issues has breached the tenant’s quiet enjoyment of the premises and caused unnecessary stress and inconvenience.

25. I award $300.00 compensation as claimed for the healthy homes breaches (lack of heating, insulation and draught stopping), and $500.00 exemplary damages (at the low end of the scale).

Did the landlord provide a false or misleading healthy homes statement?

26. The tenant is seeking $850.00 for the landlord providing a false or misleading healthy homes statement.

27. In accordance with section 13(1CA) RTA, the landlord must include a statement in the tenancy agreement detailing the property's current level of compliance for heating, insulation, ventilation, moisture ingress/drainage, and draught stopping.

28. The landlord commits an unlawful act if the statement includes anything that the landlord knows to be false or misleading.

29. Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $900.00. See section 13A(1F)(b) and Schedule 1A Residential Tenancies Act 1986.

30. The tenant noticed the heat requirement did not appear to be correct on the statement as a wall heater was noted as installed but there was no wall heater. The tenant later found out that the insulation and draught stopping were not compliant either. All of these matters were noted as assessed on 30 November 2020, and signed off on 20 December 2025.

31. The landlord says they made a genuine mistake, and they did not knowingly provide a false or misleading statement. They assumed that all the required work had already been done as they had been sent an invoice by their contractor.

32. I find that the landlord has committed an unlawful act.

33. Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the

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party’s intent, the effect of the unlawful act, the interest of the other party, and the public interest. See section 109(3) RTA.

34. I consider that an award of exemplary damages is appropriate as the landlord knew the premises was not compliant but provided a statement to the contrary.

35. Considering all of the above factors, I award exemplary damages of $500.00.

Did the landlord fail to provide an insurance statement?

36. Under section 13(2) RTA, the landlord must include in the tenancy agreement a statement about insurance. If the premises are not insured, a statement that they are not insured; and if the premises are insured, a statement setting out, for each insurance policy that is relevant to the tenant’s liability for destruction of or damage to the premises, the amount of each excess that is relevant (if any) to that liability; and informing the tenant that a copy of the policy is available to the tenant on request.

37. Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $750.00. See section 13(2) and Schedule 1A Residential Tenancies Act 1986.

38. The landlord does not dispute that a statement was not provided, and they marked this section of the tenancy agreement ‘TBC’. The landlord stated at the hearing that the landlord has only just confirmed they do not have any insurance for the premises.

39. I find that the landlord has committed an unlawful act.

40. I consider that an award of exemplary damages is appropriate as the landlord was aware of their obligations to provide up to date insurance information but failed to do so. This is not a conditional obligation but a mandatory one, and there is a high public interest in ensuring that landlords fulfil their obligations under the Act. It is important for tenants to know the limits of their financial liability for careless damage from the outset.

41. Considering all of the factors in section 109(3), I award $500.00 exemplary damages.

Filing fee

42. As the tenant has partly succeeded with the claim, the landlord must reimburse the filing fee.

[NAME] 18 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.

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].

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/

Reasons: