Tenant Wins Compensation for Landlord's Failure to Maintain Property

OUTCOME: Allowed

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[2026] NZTT 5306339, 5273064

TENANCY TRIBUNAL AT AUCKLAND | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU

APPLICANT: [redacted]

Tenant

RESPONDENT: [redacted] agent for [RESPONDENT]

Landlord

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. The tenant’s name and identifying details must not be published.

2. [APPELLANT] [NAME] must pay [the tenant] $19,475.14 immediately, calculated as set out in the table below.

3. The tenant’s claims are allowed as set out below. All other claims are dismissed.

Description Landlord Tenant Rent arrears to 6 June 2025 Loss of amenity: no dishwasher

$1,050.00

Loss of amenity: FTM, insulation $14,702.15 Loss of amenity: Exemplary damages: failing to repair and maintain $4,800.00 Compensation for interference with quiet enjoyment $500.00 Exemplary damages: insurance; and HHS information $400.00 Compensation: tenant repairs – labour and materials Filing fee

$4,000.00 $28.00

Subtotals $1,050.00 $24,430.15

Net award to tenant $23,380.15

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Reasons:

1. I heard this matter at the Auckland District Court on 5 May 2025.

2. The tenant attended the hearing with [[NAME]’s name] who has lived at the premises

since about 30 October 2020.

3. [NAME] attended for [COMPANY].

Background and issues for determination

4. The tenancy began on about 9 January 2015 and continued until 6 June 2025. The

tenant lived in the premises from early on but did not formally became a tenant until

about 14 December. Since then, the tenant has managed the tenancy as the sole head

tenant and has shared the [NAME] with various flatmates who have contributed to the

rent.

5. Tamaki Real Estate is a boutique [NAME] management company in the sense it is a

small operator with only seven clients. Mr [NAME], who runs the company, also dedicates

his time to other endeavours including transporting children with disabilities.

6. The weekly rent for the tenancy was originally $650.00 and had increased to $800.00

during the tenancy.

7. The house is a 1930s’ bungalow on a full site. It has three bedrooms, a bathroom, and

one bedroom has an ensuite. It has been added to and renovated over the years, but

the character and structure of the original house appears to be largely intact. The

alterations to the house include construction of a downstairs area some decades ago.

8. Naturally, also over the 10 years of the tenancy, the house incurred further wear and

tear. The exterior paint got stained and flaked off, the interior paintwork and wall

coverings became increasingly dirty and mouldy in parts, the kitchen cupboards’

paintwork wore away, the interior window frames and sills’ paint peeled away and

moulded in the damp areas, and many of the front balcony’s planks rotted through.

9. Early in the tenancy, the tenant and his flatmates used the main basement room as a

bedroom. The landlord says that tenants are not meant to be use the room as a

bedroom. It was available for storage or use as a games room.

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10. The tenant alleges the landlord carried out practically no repairs or maintenance

throughout the entire tenancy and that in 2022 (by which time the house was unsafe

and unhealthy) the tenant emailed the landlord confirming the house’s rundown

condition and asking for a rent reduction. The landlord refused the rent reduction and

did nothing to address the house’s deteriorating condition.

11. In 2024 – the landlord still having done no repairs and maintenance - the tenant on his

own initiative, with the help of [NAME] carried out significant maintenance and repairs

himself.

12. The issues for decision arise from the parties’ claims.

13. The landlord claims:

a. For rent arrears.

b. That the tenant unlawfully refused access.

14. The tenant claims:

a. The landlord failed to maintain the premises to a reasonable standard of

repair generally and including in respect to the deck’s rotting boards, the

basement leaking, electrical wiring, the guttering being in poor repair and

blocked, the dishwasher not working, the window frames being poorly

maintained and in need of repair, the exterior and interior walls needing

repainting, the stove malfunctioning, and the garage door not opening

properly.1

b. The landlord breached their insulation duties.2

c. The landlord unlawfully entered the premises and harassed the tenant.3

d. The landlord failed to provide HHS and insurance information on request.4

e. The landlord failed to provide a written tenancy agreement.5

f. The landlord failed to keep proper rent and bond records.6

1 Residential Tenancies Act 1986 (RTA) s 45(1)(b). 2 RTA, s 45(1)(bb); Residential Tenancies (Healthy Homes Standards) Regulations 2019. 3 RTA ss 48 and 38. 4 RTA ss 45(AC) and 45(2B). 5 RTA s 13. 6 RTA s 30.

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The landlord’s claims

Rent arrears

15. The tenant calculated the rent arrears ordered above. Mr [APPELLANT] initially claimed

significantly more for rent arrears but on discussion agreed with the tenant’s calculation

of a lesser amount.

Did the tenant unlawfully refuse entry?

16. The landlord claims the tenant refused entry and seeks exemplary damages.

17. A landlord may enter the premises during the tenancy with the tenant's consent, in an

emergency, or after giving the required notice for inspections, repairs, and

maintenance.7

18. Mr [APPELLANT] relied upon a “notice” he gave the tenant by way of email on Tuesday 20 May

2025. In the email, Mr [NAME] mentioned conducting a sales valuation appraisal and

having a contractor quote for redecorating. The operative part of Mr [NAME] “notice” is

framed as a question:

To this end could someone be home Friday morning around 10 a.m. ?

19. The tenant did not reply in the affirmative. Nonetheless, Mr [APPELLANT] and the contractor

went to the house at about the time Mr [NAME] email requested someone to be home.

20. At the time Mr [APPELLANT] and his contractor arrived, the tenant was bedridden due to illness.

When the tenant did not answer the door, Mr [APPELLANT] and the contractor further opened the

tenant’s ajar bedroom window to request entry. The tenant refused entry. There was

then an unpleasant exchange between the tenant and the contractor.

21. Under s 48(2)(b) of the RTA, the landlord may enter the premises:

(b) for the purpose of inspecting the premises, at any time between 8 o’clock in the morning and 7 o’clock in the evening on a day specified in a notice given to the tenant not less than 48 hours nor more than 14 days before the intended entry.

22. The words “in a notice” mean that the landlord must clearly state that the landlord will

enter the premises in reliance upon the landlord’s relevant power to do so. A notice that

does not state the landlord will enter is bad for not engaging the section’s terms.

7 RTA s 48(1) and (2).

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23. The landlord’s claim for refusing access cannot succeed because the “notice” is not a

notice; it is a request.

24. This claim is dismissed.

Did the landlord fail to maintain the premises?

25. The tenant claims the landlord fundamentally failed to repair and maintain the premises

over the entire tenancy.

Legal principles

26. Under s 45(1)(b) of the Residential Tenancies Act 1986 (RTA), landlords must maintain

the premises in a reasonable state of repair. That provision provides:

45 Landlord’s responsibilities

(1) The landlord shall— (a) … (b) provide and maintain the premises in a reasonable state of repair having

regard to the age and character of the premises and the period during which the premises are likely to remain habitable and available for residential purposes…

27. Landlords are liable for defects that they have knowledge of. They must repair such

known defects within a reasonable time once they acquire such knowledge. The

author of Residential Tenancy Law in New Zealand explains:8

The landlord’s obligation of repair is not absolute. A landlord does not have to foresee a latent and unobservable defect before it causes damage… A landlord therefore must repair within a reasonable time after knowledge of the need for repair: 9

“…the obligation of the landlord, under s 45, is to investigate and repair a defect brought to its attention within a timeframe which is reasonable in the circumstances and as to what that time is, I think, depends not only on the gravity of the problem but also on the objective evidence of the attempts made by the landlord to investigate, and put right, whatever the problem might be…”

27. Tenants have a duty to notify the landlord of damage to the premises, or of the need for

any repair promptly after they discover the damage or disrepair.10 Notwithstanding the

8 [NAME] in New Zealand (2018) Thomson Reuters at 6.18. 9 [NAME] v [COMPANY] 2009-085-1431, 24 February 2010 at [15]. 10 RTA, s 40(1)(d).

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tenant’s duty to notify, Landlords have an independent obligation to repair things that

are apparent from observation:11

However, notice from the tenant is not needed if the landlords knew of the need for repair or the need for repair is apparent from observation…

28. If a landlord breaches their duty to maintain the premises, the Tribunal may order

compensation; and if the failure is intentional, exemplary damages up to a maximum of

$7,200.00.12

The facts

29. Mr [RESPONDENT] denies the landlord failed to repair and maintain the premises to a reasonable

state of repair.

29. The tenancy began two years before Mr [NAME] took over the management of the tenancy.

Before Mr [NAME] arrived on the scene, on 4 February 2015, one of the original tenants

emailed the then [NAME] manager complaining that, “In general the [NAME] was in a

fairly dirty and run-down condition and I am quite unhappy that my concerns have not

been treated with any urgency”. The tenant then listed items (in addition to a list that

they had already given to the [NAME] manager’s builder) requiring repair or

maintenance, including:

a. The dishwasher – bottom drawer was not working.

b. The deck had rotting and loose boards. “[T]his is a safety issue as someone

could very easily be injured here”.

c. The garage door “is damaged and needs fixing”.

30. On 28 February 2017, the tenant and an existing tenant, [APPELLANT], emailed Mr [APPELLANT]

requesting that the landlord accept the current tenant as the sole tenant by way of a

tenancy agreement variation. They also referred to “serious maintenance issues”. It is

not clear what steps the then (previous) [NAME] manager took to address the issues

referred to. However, when Mr [NAME] took over the management of the premises in 2017,

his initial (and apparently only written inspection report) one-page [NAME] inspection

report dated 22 July 2017 recorded several items needing repair, including:

11 See n 8. 12 RTA s 45(1A) and Schedule 1A.

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a. Exterior Paint: “old, stained”.

b. “Decking timber rotting in parts”.

c. “Dishwasher not working”.

d. “Slight mould to ceiling”.

e. “Spouting & downpipes 1 missing joint”.

31. Earlier in the proceedings, to clarify what repairs and maintenance the current [NAME]

management company had done during the tenancy, the Tribunal directed the landlord

to provide:

a. Any photographs taken during the tenancy.

b. All inspection reports.

c. All work orders and invoices for repairs, any other work at the premises, and any other payments made in respect to the premises.

d. Any documents relating to the tenancy including all communications whether by email, text, or otherwise.

e. All business records for the tenancy including the [NAME] manager’s file.

32. In response to the Tribunal’s direction, at the hearing Mr [NAME] provided 14 pages of

documents, which included documents showing repairs and maintenance as follows:

a. Repairing and reconnecting a downpipe to the spouting – invoice 19 October

2017, $97.75.

b. Removing trees – invoice 21 January 2019, $5,060.00.

c. Removing a garden shed, repairing fences, cutting back trees and shrubs,

and garden work – invoice 11 July 2019, $8,323.70.

d. Repairing a broken water main – invoice 2 January 2025, $425.00.

33. Of the five items needing repair that Mr [NAME] recorded in his inspection report of 22 July

2017, the landlord’s invoices show the landlord fixed only the spouting. That left

unaddressed from his brief report:

a. “Exterior Paint: old, stained”.

b. “Decking timber rotting in parts”.

c. “Dishwasher not working”.

d. “Slight mould to ceiling”.

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34. The tenant called a [NAME] [APPELLANT] [surname suppressed] to give evidence. He

deposed he lived at the premises until the end of 2019. His bedroom was in the

basement, which he said was “very damp, dark, cold, and unhealthy.” His statement to

the Tribunal states:

Mr [NAME] again came to the [NAME] unannounced while [NAME] was not at home. I let him

into the [NAME]. I showed him the leaks and water issues on the far side of the

basement bedroom. I also showed him the laundry room door near the basement

bedroom, which had an over one-inch gap causing a significant draft.

35. Mr [APPELLANT] denied meeting [APPELLANT]. The tenant says Mr [APPELLANT] has previously admitted the

visit. The visit was seven years ago, so everyone’s memories have faded. I am not

persuaded on the balance of the probabilities that Mr [NAME] himself made this visit. I

accept someone representing the landlord did visit the premises and spoke to [RESPONDENT].

However, in context, the evidence is not particularly crucial. This visit would have

confirmed the obvious and what the landlord already knew: that the premises was in a

significantly poor and worsening state of disrepair.

36. Mr [NAME] submitted that the basement was not intended to be used as bedroom. It was

suitable for storage or for a table tennis table. I accept Mr [APPELLANT] evidence on this point.

37. The tenant says that by 2022, despite verbally informing Mr [APPELLANT] of the continuing

issues, the landlord had done virtually nothing to maintain or repair the premises. He

was becoming increasingly affected by the state of the premises and disenchanted with

the landlord’s inaction. He says he repeatedly mentioned the problems to Mr [NAME]

verbally and eventually emailed Mr [NAME] on 3 July 2022 pointing out the house’s

disrepair, the consequent difficulty retaining flatmates, and asking for a rent reduction:

No maintenance of the interior of the [NAME] has been conducted over the past 7 years other than the repair to the outlet pipe in the laundry, smoke alarms and insulation top up.

...Over the years since then, I have been renting the rooms out to flatmates and it has become increasingly more difficult over time with all the issues that were mentioned at the beginning of the tenancy becoming gradually worse as well as just general wear and tear of the [NAME] overtime.

...At this stage all my flatmates are now looking for somewhere else to live and could give me two weeks notice any day. This is because they all believe it is too expensive for a run down old house with faulty wiring, no healthy homes compliance and a deck you fear using because it’s so rotted that you could fall through it.

...the basement room is unliveable as a bedroom and instead I live in the living room and the basement is the living room.

38. After prompting, on 25 July 2022, Mr [NAME] pithily responded:

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Owner says no to rent reduction.

39. The owner was similarly unresponsive to the tenant’s report of the house’s disrepair: he

did nothing.

40. The tenant could not have been surprised by the landlord’s inaction because the owner

had been aware of the situation for years and sat on his hands. By 2024, the house

was in poor condition in many respects. The tenant’s photographs, videos, oral

evidence and the evidence of his handyperson [NAME], [NAME] [surname suppressed]

demonstrate:

a. The front deck had many badly rotting boards making much of the deck

unsafe to walk on.

b. The exterior house’s weatherboards, balcony structural elements, and

window joinery were dirty, their paint was peeling off and showing signs of

deterioration in areas.

c. The paintwork on the kitchen drawers was badly chipped and flaking off.

d. Many of the interior wall and ceiling surfaces were worn and stained by

mould, and the wallpaper was torn or peeling off in places.

e. Two of the bedrooms’ walls and ceilings needed mould treatment,

maintenance, and repainting or re-wallpapering.

f. The interior window frames had areas of damp and mould and were well

overdue for sanding and repainting.

g. The bathroom walls needed repainting.

h. The ensuite bathroom’s ceiling was flaking off.

i. The basement rooms were regularly leaking from above when it rained, and

large parts of the ceilings were mould stained.

j. The guttering needed cleaning out and maintenance.

k. The dishwasher was still not working.

l. The garage door was not operating properly. It could only be opened with

difficulty.

41. The tenant’s [NAME] gave evidence under promise in the Tribunal and stated in his

written statement:

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13. Over my working life I have seen many rental properties, including ones in poor

condition. In my experience, the condition of this [NAME] was among the worst I

have seen for a long-term rental, and I have rarely seen a tenant put I as much effort

as my nephew did to try and make the house drier, healthier, and more liveable

despite the landlord’s lack of proper maintenance.

42. The tenant together with [NAME] addressed some of the house’s problems in 2024

by:

a. Boarding over the rotting deck boards with [NAME] sheets to make the deck

safe.

b. Clearing the gutters.

c. Washing down the exterior and repainting some of the weatherboards.

d. Removing the inoperable dishwasher.

e. Repairing and repainting the kitchen cupboard doors.

f. Removing the inoperable dishwasher from the kitchen.

g. Cleaning and sanding the ceilings, walls, and window frames and repainting

them with the correct quality of paint.

h. Disconnecting the garage door’s spring so that the door could be opened

and closed manually.

43. The tenant and [NAME] carried the work between about February to July 2024.

Afterwards, the premises were much improved but still not completely repaired. They

did not for instance do anything to the basement rooms.

Findings

44. I am satisfied the landlord failed to maintain the premises to a reasonable state of

repair from when the tenant formally became a tenant on about 14 December 2018.

Money claims are limited by the Limitation Act 2010 to six years after the date of the

act or omission on which the claim is based. Therefore, the Act limits the tenant’s claim

to the six years prior to the date the tenant filed his application on 17 July 2025, which

is 17 July 2019.

45. The landlord was aware of the premises’ disrepair. Mr [RESPONDENT] report recorded some of

the items needing repair and although he seldom inspected the premises, he did

inspect it occasionally. The premises’ need for repair would have been obvious.

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Moreover, the tenant emailed Mr [APPELLANT] on 3 July 2022, putting the issue of knowledge

beyond any doubt.

46. I find the landlord intentionally failed to repair and maintain the premises and

committed an unlawful act in that regard.

Remedies

47. The landlord’s actions being intentional, exemplary damages are an available remedy.

The Tribunal will also consider damages to compensate the tenant for loss of amenity

and the tenant’s repair costs and labour.

48. I deal with those remedies below.

Did the landlord fail to properly insulate the house?

49. Towards the end of the tenancy, the tenant investigated under the house. He entered

an area under the house that was walled off but accessible through a simple hatch and

discovered about 50m2 of the underfloor of the house was uninsulated.

50. From 1 July 2019, landlords must insulate their premises to a minimum standard.13

Where the landlord has insulated the premises before 1 July 2016, the ceiling

insulation must have an R-value of at least 1.9 (or 1.5 for houses of a brick or concrete

block construction). The underfloor insulation must have an R-value of at least 0.9.

The insulation must be in reasonable condition.

51. Breaching this obligation is an unlawful act for which the Tribunal may award

exemplary damages up to a maximum of $7,200.00.14

52. There are exceptions to these requirements, for example, where it insulating is not

reasonably practicable, or where there is a habitable space above or below the floor

that the landlord would otherwise have to insulate.

53. In this case, the landlord instructed an insulation contractor to install insulation as the

law required in 2019. The contractor installed insulation in the readily visible underfloor

area but did not access a sizeable portion of the underfloor. At this distance in time,

seven years after the event, it is not clear why the contractor did not do better. It is not

13 RTA s 45(1)(bb) and the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016. 14 RTA s 45 (1)(A) and Schedule 1A.

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evident to me that the landlord knew that the contractor had failed to fully insulate the

premises. That being so, exemplary damages are not an available remedy.

54. However, damages for loss of amenity - for the house being colder in winter and

warmer in summer than it otherwise would have been - is an available remedy that I

discuss below now.

Remedies: failing to maintain, breach of insulation duties

Compensation – loss of amenity failing to maintain and inadequate insulation

55. For the landlord’s failure to maintain and to insulate, I order compensation for loss of

amenity at the rate of $30.00 for the first year of the tenancy from 17 July 2019; for the

second year from 17 July 2020 at the increased rate of $37.50 due to worsening

conditions; $45.00 per week from 2021; $52.50 per week from 2022; and $60.00 from

2023. In 2024, the tenant’s repairs largely improved the premises’ condition but not to a

reasonable state of repair in all respects. For the 2024 year, I assess the rate for loss

of amenity as $30.00 per week.

56. The Tribunal orders the landlord to pay the tenant $14,702.15 compensation for loss of

amenity.

Compensation – materials and labour

57. Under s 49 of the RTA “where any party to a tenancy agreement breaches any of the

provisions of the agreement or of this Act, the other party shall take all reasonable

steps to limit the damage or loss arising from that breach”. Section 85 of the RTA

required the Tribunal to determine disputes according to “the substantial merits and

justice of the case”. The substantial merits and justice call for the Tribunal to order the

landlord to compensate the tenant for the work he did to repair the premises. The

tenant provided invoices proving the cost of materials. The amounts sought for labour

are modest. I order the landlord to compensate the tenant $4,000.00 for the tenant’s

maintenance and repair work.

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Exemplary damages

58. Exemplary damages are designed to punish and to deter. They are like a fine. In

Auckland City Council v Blundell [1986] NZLR 732 the Court of Appeal ([NAME]) said:

Exemplary and punitive [damages] are different words for the same thing. The damages are exemplary because they are meant to teach an example to the guilty officer and others. They are punitive because they are meant to punish. They are like a fine, though they go to the citizen who has been the victim of conduct.

59. Exemplary damages are available at the Tribunal’s discretion when one party has

proved that the other party has intentionally committed a defined unlawful act. If the

applicant proves that, the Tribunal may award exemplary damages if it finds it just to do

so having regard to:

a. the intent of the person committing the unlawful act.

b. the effect of the unlawful act.

c. the interests of the landlord or tenant against whom the unlawful act was

committee; and

d. the public interest.

60. The applicable maximum levels of exemplary damages are set out in Schedule 1A of

the Act. For these breaches, the maximum is $7,200.00.

61. The landlord’s intent was to maximise income from the [NAME] by maintaining the

house to a minimal standard. An owner may have a commercial motive in purchasing

real estate for residential tenancies, but it must ensure that home remains habitable to

a minimum of societal expectation.

62. The effect of the breach was that the tenant lived in substandard conditions,

culminating in the tenant having to carry out work that the landlord ought to have done.

63. It is in the tenant’s interest to receive exemplary damages that vindicate their harm.

64. It is in the public interest to order exemplary damages at a level that deters landlords

from failing to maintain their premises to a reasonable standard.

65. It is just to order exemplary damages.

66. The landlord’s omission to repair and maintain persisted for six years. It was wilful

neglect. The harm to the tenant was significant. The public interest calls for an order

that is commensurate with the landlord’s deliberate ongoing neglect in this case.

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67. It is apposite to set exemplary damages at about two-thirds of the maximum in this

case.

68. The Tribunal orders exemplary damages of $4,800.00.

Did the landlord unlawfully enter or interfere with the tenant’s reasonable peace?

69. The tenant claims that Mr [APPELLANT] visit to the [NAME] on 23 May 2025 and that the

landlord and the contractor which included an unpleasant interchange. Three days

later, the tenant filed an online complaint to Police stating:

On 23 May 2025 at about 10:05 a.m., [NAME] manager [NAME] of [COMPANY] arrived at my home, [ADDRESS], Mount Eden, with two other men.

[NAME] had emailed on 20 May asking if someone could be home at 10 a.m. for a decorator; I replied that I was unwell from mould, damp and cold-related issues in the house, and that I did not consent to access at this time. Despite this, [NAME] came to the [NAME] accompanied by a young man who waited in the driveway and by a contractor who identified himself as [NAME]. I was in bed completely naked when [NAME] fully slid open my partially opened bedroom window, pulled the curtains aside, laughed at me. I wrapped a towel around myself, began filming, confronted [NAME] and [NAME] on the deck, and told them to leave immediately, stating they were attempting to break in.

They refused to go; [NAME] contractor mocked me and shouted over my attempts to call Police on 111, saying words to the effect of “go on, call the Police, see what help they give you” ...

After about seven minutes of persistent yelling from [NAME], along with verbal abuse "look at you in a towel,' both men finally left.

70. Mr [NAME] documents also include a contemporaneous record in the form of an email to

the owner dated 23 May 2026 reporting:

We have had a most bizarre situation and the [NAME] this morning. I had arranged with the tenant that I would be accompanying our sub-contractor to view instruction the house to provide a quote for re-decorating. The agreed time was 10 a.m. When we arrived the tenant refused to allow us entry and became quite hostile and he our subbies exchanged insults. It tried to reason with him and he responded by calling the police !

...I don’t know hat triggered this change of attitude by the tenants as we have always got on quite well.

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Legal principles

71. A landlord must not interfere with the reasonable peace, comfort, or privacy of the

tenant in their use of the premises.15

72. Breaching this obligation in circumstances that amount to harassment is an unlawful

act for which the Tribunal may award exemplary damages up to a maximum of

$3,000.00.16

73. 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.

74. [NAME] Dictionary17 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.

75. The New Oxford Dictionary of English18 defines “harass” as:

subject to aggressive pressure or intimidation

76. The tenant claimed the landlord unlawfully entered the premises. However, under s

48(7) of the RTA, “premises does not include land or facilities”. It follows, the claim

cannot succeed because although Mr [NAME] and his contractor entered the premises

land, they did not enter the house.

Discussion

77. As discussed above in respect to the landlord’s (rejected) claim that the tenant failed to

allow the landlord to enter the premises, the landlord did not give proper notice of the

intended entry. That failure to give notice, however, did not make the landlord’s visit to

the premises unlawful per se, but the lawfulness on the [NAME] of entry and the

licence limited the landlord’s agent’s presence on the [NAME] to a licence to go to the

door and enquire.

78. The landlord’s contractor’s further opening of the tenant’s window to speak with the

tenant exceeded the licence. Moreover, the tenant withdrew the licence. Mr [APPELLANT] and

15 Residential Tenancies Act 1986 (RTA), s 38(2). 16 RTA, s 38(3) and Schedule 1A. 17 [NAME] (ed) Black’s Law Dictionary (8th ed, West Group, 2004). 18 [NAME] (ed) (Clarendon Press, Oxford, 1998).

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his contractor should have left the premises when the tenant refused entry. Moreover,

the contractor’s actions, which even on Mr [NAME] version, involved “exchanged insults”

amounted to an interference with the tenant’s reasonable peace. Mr [APPELLANT] should have

immediately intervened to halt his contractor’s ill-tempered comments and left the

premises with the contractor.

79. The landlord’s actions amounted to an interference with the tenant’s reasonable peace,

comfort, or privacy.

80. While the incident was unpleasant and, with the benefit of hindsight, Mr [NAME] could have

done more to prevent what occurred, it was a single isolated and unexpected incident.

Mr [NAME] was not the main protagonist. Mr [RESPONDENT] contractor (who was also the landlord’s

agent) was. I am not satisfied the landlord’s interference with the tenant’s privacy was

at a level to warrant a finding that the interference amounted to harassment. It remains

however, the landlord’s actions led to a serious interference with the tenant’s peace

and privacy.

81. The tenant was unwell in bed, and Mr [APPELLANT] and his contractor subjected him to an

unwelcome intrusion into his peace, privacy, and comfort by way of an uninvited visit,

poking of heads outside his bedroom window, and an intemperate and unwarranted

barrage of insults. The landlord’s agent insulted, derogated, and humiliated the tenant

in his own home. I order general damages for emotional harm of $500.00.19

Did the landlord fail to provide the tenant with HHS and insurance information?

82. On 14 May 2025, the tenant emailed the landlord requesting HHS compliance

documents and insurance information for the premises.

83. Under s 45(1AC) of the RTA, a landlord must, if requested by the tenant, supply the

records or other documents that relate to the landlords’ compliance with the Healthy

Homes Standards within 21 days after receiving the request. Breaching this obligation

19 See for example [NAME] v Kang [2023] NZDC 24786, [NAME] v Otautahi Community Housing [2020] NZDC 17667. Compare, for example, the Human Rights Review Tribunal where damages for emotional harm have been summarised as: Band 1 - up to $10,000.00; Band 2 - up to $50,000.00; and Band 3 - over $50,000.00. [NAME] v Credit Union Baywide [2015] HRRT 6 at [176]. $98,000.00 for emotional harm was ordered in that case.

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without a reasonable excuse is an unlawful act for which the Tribunal may award

exemplary damages up to a maximum of $750.00.20

84. Similarly, under s 45(2B) a tenant can request the landlord to provide a copy of any

insurance policy which relates to the tenant’s liability for destruction of, or damage to,

the premises, in which case, the landlord must provide a copy of the policy within a

reasonable time.21

85. Breaching this obligation is an unlawful act for which the Tribunal may award

exemplary damages up to a maximum of $900.00.22

86. The landlord failed to provide the information requested and has not proved a

reasonable excuse for the failures. I find they have committed an unlawful act.

87. 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.

88. The landlord’s failure was intentional.

89. Having regard to the statutory factors just mentioned, I set exemplary damages at

$400.00.

Did the landlord fail to provide the tenant with a copy of the tenancy agreement?

90. The tenant claims the landlord has not ensured the tenancy agreement was in writing

and did not provide a copy to the tenant.

91. A landlord must ensure the tenancy agreement is in writing, signed and provide a copy

provided to the tenant prior to the tenancy commencing.23

92. Breaching this obligation is an unlawful act, for which the Tribunal may award

exemplary damages up to a maximum of $750.00.

93. The [COMPANY] created the tenancy agreement in 2015. It

is not clear whether the then [NAME] manager provided a copy of the tenancy

agreement to the original tenants prior to the tenancy commencing.

20 RTA s 45(1AD) and Schedule 1A. 21 RTA s See s 45(2B) and (2C). 22 RTA s 45(2D) and Schedule 1A. 23 RTA s 13.

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94. Under s 109(2) of the RTA, the Tribunal can only award exemplary damages for

unlawful acts where the applicant files their claim within 12 months of the date the

unlawful act was committed.

95. If the landlord did breach its obligations in this regard, the tenant filed his application

more than 12 months after the unlawful act. There being so, the Tribunal does not have

the power to order exemplary damages if the alleged unlawful act occurred.

96. There being no appropriate remedy available, I do not consider the claim further.

Did the landlord fail to keep records of rent and bond?

97. The tenant claims the landlord has not kept records of rent and bond paid.

98. A landlord must keep proper business records showing details of all rent payments and

any bond paid by the tenant.24

99. Breaching this obligation is an unlawful act for which the Tribunal may award

exemplary damages up to a maximum of $350.00.

100. Mr [NAME] recently encountered problems with the software he was using for rent

payments. Consequently, he could not provide an electronic version of the tenant’s

rent history. Nonetheless, Mr [APPELLANT] records were sufficient for him to accept the

tenant’s outstanding rent at the end of the tenancy.

101. I am satisfied that at the time of hearing, Mr [NAME] did not have the proper business

records. However, the breach was not intentional and exemplary damages are not

available.

102. I make no order in the circumstances.

Filing fee

103. The landlord must reimburse the tenant for his filing fee.

Non-publication

104. The tenant seeks non-publication of his name and identifying details.

24 RTA s 30.

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105. The tenant has substantially succeeded in the proceedings. I do not consider that

publication is in the public interest nor justified because of the tenant’s conduct or any

other circumstances of the case.

106. The Tribunal therefore grants the tenant’s request for suppression.

R Kee 31 May 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 [NAME] 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 [NAME].

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: