Tenant Wins Compensation for Unauthorised Entry by Landlord

OUTCOME: Allowed

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[2025] NZTT 5141210

TENANCY TRIBUNAL AT PALMERSTON NORTH | TE TARAIPIUNARA RETIHANGA KI TE PAPAIOEA

APPLICANT: [redacted]

Tenant

RESPONDENT: [redacted]

Landlord

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [COMPANY_2] is ordered to pay [NAME_1] the sum of $750.00 immediately.

2. The amount ordered in order 1 may be deducted from monies owing from the order made on 8 May 2025 in proceedings numbered 4832938.

3. [NAME_1]’s claims in respect of chattels including chickens are dismissed.

Reasons:

1. Both parties attended the hearing, the landlord represented by the property manager, [NAME_4].

2. The tenancy began on 10 November 2017. On 18 December 2023 notice was given to the tenant to vacate on Friday 22 March 2024 because the property was being sold.

3. In fact, the tenants were allowed to stay until Saturday 23 March. However, they did not remove all belongings or rubbish. On or about 2 April 2024 the landlord applied to the Tribunal for orders to dispose some goods. An order was made on 8 May for disposal of goods, the tenant having not attended that hearing.

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4. On or about 21 January 2025, the tenant filed an application for compensation for

a. the furniture that was disposed of before the order was made;

b. the emotional, physical and mental abuse the property manager caused the tenants’ family “on the day of all this”;

c. unlawful entry by the landlord $1,500;

d. attempting to terminate the tenancy without grounds $6,500;

e. interference with privacy $3,000;

f. calling a locksmith to change the locks.

5. The tenant also claimed exemplary damages, saying that the property manager unlocked the door and stepped inside and tried to force her way in. She alleges that the property manager assaulted the [NAME_5], broke privacy information, called a locksmith, called the children squatters and told them they needed to leave the house. She called the police, and described what the children were wearing and told the police that they were squatting there. She removed property from inside the house and removed pets.

6. At the hearing, the tenant clarified that the claim regarding attempting to terminate the tenancy without grounds concerns events on or about 22 March, rather than being a claim that the notice given three months earlier was invalid. In fact, claims (b) to (f) all relate to that episode.

7. The onus of proof is on the tenant, as applicant, and the standard of proof is on the balance of probabilities. That means that she must provide sufficient evidence to persuade the Tribunal that her allegations are more likely than not to be fact.

Entry without consent

8. The tenant claims the landlord has entered the premises without consent or notice.

9. A landlord may not enter the premises during the tenancy except with the tenant's consent, in an emergency, or after giving the required notice for inspections and repairs and maintenance. See section 48(1) and (2) Residential Tenancies Act 1986.

10. Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 48 (4)(a) and Schedule 1A Residential Tenancies Act 1986.

11. At the hearing, the tenant read from a prepared statement, saying that on Friday 22 March 2023 [NAME_4] unlocked the door and entered the house. The tenant

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was not there, but her daughters, aged 12 and 16 were there. The tenant relayed what her daughter had said to her.

12. In fact, her daughter, [Y] now 18, was present at the hearing and she confirmed what her mother told the Tribunal. This was that she heard a knock at the door. Before she made it to the door, [NAME_4] had unlocked the door with her key and let herself inside. There were two other women with her. [Y] told [NAME_4] that her mother was at work. [NAME_4] had stood in the doorway trying to force herself further into the house and the force pushed the door, into [Y], assaulting her. She told [Y] that they would be “blacklisted” and they would never able to rent a house again, that they were squatting, and they needed to leave the house as a locksmith was coming to change the lock. [Y] asked her many times to leave the property. She felt intimidated.

13. [NAME_4] denied visiting the property on 22 March. She said that she and another property manager, [NAME_6], visited the day before on 21 March 2024, at about 3.30pm. This was to conduct a pre-final inspection. She produced a copy of a notice dated 12 March 2024 addressed to the tenant, advising that [NAME_2] would be conducting an inspection on 21 March 2024. She said it was dropped in the letterbox. She did not know if it had also been emailed. [NAME_6] had left and [NAME_4] did not have access to her emails.

14. [NAME_4] said that she did not have keys to the premises, and that they knocked on the door and she took one step in. She said that [Y] tried to shut the door on her.

15. [NAME_4] produced an unsigned email dated 18 March 2025. The sender and recipient have been blacked out. It is purportedly a statement from [NAME_6]. It reads that the writer was the property manager while she worked at PB, and from memory, the tenant was denying access for agents and owners. The writer asked [NAME_4] to attend a pre-final inspection on 21 March. They did not have keys because the back lock had the key broken in it and the front door had a new handle, but the contractor had not given them a key. She said that [NAME_4] knocked on the door, called out, and next thing a person came from nowhere and pushed the door closed. She was pushed back down the steps by [NAME_4] going backwards. [NAME_4]’s foot was jammed in the door. [NAME_6] called the police as she did not know who the people were, and this had given her a big fright.

16. The tenant denied receiving notice of the inspection and said that all other notices had always been emailed and dropped in the letterbox. The notice had not been emailed or placed in her letter box.

17. Although 22 March was supposed to be the date of termination of the tenancy, the tenant was at work that day. She told the Tribunal that they had moved a lot

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of their belongings out already and she could not take time off work. The tenant also said that she was home on 21 March and there was no visit from the property manager. The tenant and her daughter were adamant that the events in question took place on Friday 22 March, the last day of the tenancy. In support of this, they referred to a screen shot of a text from [Y] to her mother on 22 March which read:

Answer

You need to an

Please get home

I’m not dealing with thud

This

Please get home

I can’t mum

Please

I’m shaking

I need you

Like now

Mum I swear to fucken god

18. The tenant also produced screen shots of communication between the property manager, [NAME_4], and herself on Friday 22 March. That communication starts at 11.18am and reads:1

[NAME_1] we were expecting the keys back to 183D South St Feilding today at 9am please advise asap.

Hi there Sorry we won’t be out of the property until Tuesday. Due to our transport truck cancelling on us and now not available until Monday Kind regards [NAME_1]

[NAME_1] we will be around shortly to collect keys and secure property.

You cannot stay at the property we will give access on Tuesday

If you would like to discuss further please call.

We have the locksmith coming around shortly.

19. The tenant said that she rang Tenancy Services and was told that she did not have to vacate until 11.59pm. She relayed that to the property manager, but the

1 The property manager’s texts are in italics.

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evidence of that was not provided. The next screenshot starts with a message from the property manager and reads:

That’s not correct you are deemed squatting. I’m sure you have also told them you have not paid rent and I do have the right to secure the property and the tenancy as ended and the owners have the right to secure the property.

We will be moving our items over the next couple of days.

Happy to get the police involved if required you will not have access.

Yes please get the police involved.

I have no problem with that.

Please ensure you take your medication and passport and ay important documents and we will ensure the house is secured.

Their people and website states different to what you say and I will refer the police to that. Thank you.

Please do

I will, thank you.

I will be home at 4pm. You are more than welcome to turn up with them then.

See you soon

No we are on our way around now

Happy to give you access.

You need to apply to tenancy service to return possession of property to you.

I have sent you an email regarding this.

We will be out as soon as we can. I will notify you Monday when all is gone.

Thank you.

We will secure the property today and allow you access on Tuesday as you stated that was the day you are moving with the truck. Have a lovely weekend.

We will be moving what we can over the next few days and the truck will do the rest.

Thank you

Have a fantastic day as well.

Police on there (sic) way.

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You are breaking the law by not going through tenancy services. How dare you go, threaten my kids, and scare them. You knew I wasn’t there. Leave the property and I will deal with the police later.

I am ending communication with you.

All goods

You are requested to leave the property immediately, Today is the 22nd and technically I have until 11.59pm.

You can then apply to have the property back in your possession through tenancy.

We will have items removed over the weekend.

Brilliant shall we meet you at 11.59pm to get the keys, Or are you going to refuse us access and unable to gain possession back! Think carefully about this [NAME_1].

What you have said to my kids today is absolutely disgusting. You came today, threatened my kids and myself. You have tried to force entry into the property when we are still entitled to be here.

20. The screenshots end there.

21. [NAME_4] said that although she had texted that she was on her way around to the property, she had not gone that day, because the owners had said not to.

22. For the following reasons, I find it more likely than not that the property managers attended on 22 March, not 21 March:

a. [NAME_6] was not present at the hearing to give evidence and answer questions about this event which took place a year ago.

b. The tenant denies receiving notice of a pre-final inspection to be carried out on 21 March. It is implausible that [NAME_2] are unable to access emails from past employees. The hard copy of the earlier notice to vacate dated 18 December 2023 shows that it was emailed from [NAME_4] at [EMAIL]. It would be expected that a notice of a pre-inspection would also have been sent from there. [NAME_4] said that usually when something is hand-delivered, a photograph is taken, but they do not have the phone that was done on. It would be expected that such a photo would have been uploaded to the property management file has proof of service. I am not satisfied on the balance of probabilities that the tenant received this notice.

c. The text communication between [NAME_4] and the tenant is consistent with her attending the premises on 22 March. [NAME_4] said that she did

mailto:[EMAIL]

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not end up visiting, but when the tenant texted saying, “You are requested to leave the property immediately, Today is the 22nd and technically I have until 11.59pm”, [NAME_4] did not reply denying that she was, or had been at the property. Again, there was no denial in the text communication that she had been at the property that day when the tenant said, “What you have said to my kids today is absolutely disgusting. You came today, threatened my kids and myself. You have tried to force entry into the property when we are still entitled to be here.”

d. The text communication from the [NAME_5] at 12.06pm is also consistent with her evidence that the property manager was at the premises that day.

23. Based on those findings, I find that on 22 March the landlord entered the premises without consent or any statutory right. Whether or not the landlord had a key, on 22 March 2024, she opened the door and entered, albeit briefly.

24. I find they have committed an unlawful act.

25. 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.

26. There are occasions where the impact of such an act is minimal. For example, where a landlord lives next door to a tenant, the relationships of neighbours as opposed to landlord/tenant become blurred; theTribunal may decide not to order exemplary damages against such a landlord who, on one occasion, knocks and enters.

27. In the present instance the tenant should have been in the process of moving out on 22 March. It was entirely reasonable for the landlord to be in contact that day asking when the key would be dropped off, and for there to be some consternation when the tenant said that she was not moving out that day. There had been some previous breaches of her obligations, and so the property manager was understandably motivated to protect her client’s interests.

28. However, the tone and content of the text communication was not reasonable. The property manager had threatened to call the police before even arriving there. She had threatened to change the locks. Then she had entered without consent. The police were called, and descriptions given of the occupants, being the tenant’s children. The tenant and her children were entitled to be in the premises until 11.59pm, frustrating as that may be for the property manager. The property manager’s conduct surrounding her unlawful entry are an aggravating feature of this conduct. The property manager’s acts caused stress

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to the tenant’s children. Accordingly, an order of exemplary damages is warranted and I order exemplary damages of $750.00 for this unlawful act.

29. [NAME_1] also claims the landlord has interfered with her privacy.

30. 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.

31. 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.

32. 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_8] v [NAME_8], CIV-2009-[PHONE], DC Hamilton, 26 February 2010.

33. The tenant has not produced evidence of a pattern of behaviour and has not established harassment. The property manager’s unlawful entry has been addressed above. The stress caused to the tenant’s children has been taken into account in the order for exemplary damages under section 48.

34. The tenant’s claim regarding the landlord threatening to change the locks has also been included above.

Attempting to terminate without grounds

35. At the time of the events on 22 March 2024, the tenant had been given a 90-day to notice to terminate the tenancy. The tenant has not disputed the grounds for that notice. Rather, her argument was that the landlord did not have the grounds to call the police or change the locks. The issue of calling the police has been dealt with above. The landlord did not change the locks until after the tenant had moved out. No further determination by the Tribunal is required on this matter.

Chattels and pets

36. A copy of the Tribunal’s order of 8 May 2024 (4832938), was provided by the landlord. On that day, the Tribunal made an order regarding items left at the premises at the end of the tenancy. It was recorded in the decision:

10. The landlord is unable to contact the tenant despite trying to do so. The landlord advised that the tenant has shown no interest in collecting her goods, including a motor vehicle, which have been left at the property.

11. It is not practicable for the landlord to the return the goods to the tenant. Some of the goods have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.

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12. The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).

13. The landlord may dispose of any goods that have no saleable value.

14. The landlord needs to satisfy itself before disposing of the motor vehicle that it is the property of the tenant.

37. During the hearing, I looked at the file for the above hearing. The order made on 8 May 2024 included $382.44 being the balance outstanding from a mediated order. That agreement was recorded in a report 4832938 dated 15 April 2024 where the tenant agreed to pay rent arrears and the cost of changing the locks and agreed to release the bond to the landlord in part-payment.

38. The locks were changed on 26 March 2024. The tenant says that the landlord has disposed of items before the Tribunal made an order the order on 8 May.

39. The tenant says that the landlord disposed of her daughter’s pet chickens. She says that they were left at the property and they returned to feed them. When they went on 29 March, the chickens were not there.

40. The tenant produced a screenshot of said that she texted the property manager at 8.06pm asking where the chickens were. She received no reply. The tenant said that she texted the owners on 1 April She produced a screenshot of a text to “Roger and…” sent at 3.41am on 1 April saying,

“Could you please have everything from inside the shed at 183D South St east put on the back deck tomorrow. Also the chickens returned to cage for transport. Moving guys will be there early Tuesday morning between 5am and 6am to pick it all up. Thank you.”

41. [NAME_4] said that she has no idea what happened to the chickens. She was not aware of any chickens. She said that there were two cats: a black one, that transpired to be the neighbour’s; and a ginger and white one that was re- homed.

42. The tenant produced a copy of the landlord’s application for disposal of items (application 4832938) in which it was said, “Tenant has vacated the property…starving animals have been re-homed. We now have the belongings of a vehicle, fridge and washing machine secured.” She said that shows that the landlord disposed of the chickens.

43. In one photo of the exit inspection, a small chicken house can be seen against a fence. There is no image of any chicken.

44. The landlord’s application for disposal of the goods does not refer to chickens, only to animals. It is possible that animals could have included chickens, but [NAME_4] denied that was the case.

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45. The tenant has not established that the chickens were left behind or if they were, that the landlord has disposed of the chickens. Anyone could have taken them.

46. The tenant said that inside the house were two reclining chairs, a couch, a fridge freezer, a queen bed base and a set of drawers. She says that the landlord disposed of these before the order dated 8 May 2024 was made. She said that she went back to the house and they were not inside the house or shed. Her evidence to support this allegation is that the property manager had obtained a quote for $1,403.53 from [NAME_9] for removal of items and in her application of 3 April, she asked for that amount.

47. A perusal of the application 4832938 shows that with the exception of $60.00 for removal of vehicle and dump, the invoice dated 1 April 2024 of $1,403.53 from [NAME_9] was for cleaning and rubbish removal.

48. The landlord’s application to the Tribunal for disposal included a fridge and washing machine as well as old couches. The landlord is not obliged to store items in the premises. It is reasonable that they be cleared out so that the property can be prepared for the next tenant.

49. The tenant has not established that the landlord disposed of her recliner chairs, couch, fridge freezer, bed base or set of drawers before the order was made. Her application is dismissed.

50. In any event:

a. section 62A provides that the landlord may assess the market value of goods and if the value of the goods is less than the cost of storing, transporting and selling them, the landlord may immediately dispose of those goods in any way the landlord thinks fit.

b. There is no provision in the Act stating that failure to comply with section 62 or 62A is an unlawful act, and therefore there is no power to order exemplary damages.

c. The tenant has not provided evidence of monetary loss for which she should be compensated and made no application to the Tribunal until January, some 10 months after the alleged loss. She did not attend the hearing on 8 May 2024 which concerned her chattels and made no application in relation to the chattels until 10 months had passed.

51. The landlord advised that they have recovered $300 in the sale of goods, and that amount will be deducted from the amount owed by the tenant. On 8 May 2024 the sum of $1,778.15 was ordered. That amount may therefore be reduced to $1,478.15.

52. An order of $750 has now been made in favour of the tenant, reducing the debt to $728.15.

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53. The tenant has had some success, but has not substantially succeeded. There is no order for refund of the filing fee.

T Baker

25 March 2025

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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 for the payment of less than $1000 • a final order to undertake work worth 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: Entry without consent Attempting to terminate without grounds Chattels and pets