Tribunal Rejects Landlord's Claims for Termination and Market Rent
📌 In brief
The Tenancy Tribunal dismissed the landlord's claims for terminating the tenancy, claiming market rent, and getting back the filing fee because the landlord didn't follow the correct procedures and didn't provide enough proof to support these claims.
⚖️ Legal holding
A landlord cannot terminate a tenancy for breach of quiet enjoyment without serving a 14-day notice.
📖 What the law says
This section outlines the tenant's responsibilities, which include paying rent on time, keeping the premises reasonably clean, notifying the landlord of damage or repair needs, and leaving the property tidy when moving out.
This rule allows the Tenancy Tribunal to end a tenancy if one party has broken the tenancy agreement or the Act. For breaches that can be fixed, the party complaining must first give the other party a notice to fix the problem within at least 10 working days.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal dismissed the landlord's claims for termination, market rent, and reimbursement of filing fees.
📜 Headnote Official document
The Tenancy Tribunal at Tauranga dismissed the landlord's claims for termination of the tenancy, market rent, and reimbursement of the filing fee due to procedural errors and lack of evidence supporting the claims.
📚 Full judgment Official document
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[2025] NZTT 5229331
TENANCY TRIBUNAL AT TAURANGA | TE TARAIPIUNARA RETIHANGA KI TAURANGA MOANA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Mount Maunganui, Mount Maunganui 3116
ORDER
1. The landlord’s claims against the tenant are dismissed.
Reasons:
1. Both parties attended the hearing which was held at [ADDRESS].
2. The landlord sought to terminate the tenancy on the grounds that the tenant had a number of parties at the tenanted premises, disturbing the neighbours’ peace and quiet. He also sought exemplary damages on this ground.
3. The landlord also made a claim for market rent and reimbursement of the filing fee.
4. I shall take each of the claims made in turn.
Breach of quiet enjoyment
5. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations under s40(2)(c) of the Residential Tenancies Act 1986.
6. A tenant must not cause or permit interference with the reasonable peace, comfort, or privacy of the landlord's other tenants or of anyone else living in the neighbourhood. See section 40(2)(c) Residential Tenancies Act 1986.
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7. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
8. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
9. I am dismissing the landlord’s application for termination of the tenancy because of this breach, because the landlord has not served a 14-day notice on the tenant to remedy this situation, as required by s56.
10. The landlord also makes a claim for exemplary damages for the tenant’s breach of quiet enjoyment as provided by s40(2)(c).
11. Breaching s40(2)(c) 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 40(3A)(d) and Schedule 1A Residential Tenancies Act 1986.
12. 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.
13. I am also dismissing the landlord’s claim for exemplary damages. I do so because the behaviour complained of, while no doubt distressing to his neighbours, is not behaviour that is particularly directed at another person and so does not amount to harassment.
14. I note that at today’s hearing I discussed termination for anti-social behaviour as provided by s55A of the Residential Tenancies Act 1986. In particular I discussed the notices required in order to terminate the tenancy under this section.
15. However, after the hearing I recalled that this was a fixed term tenancy. An application to terminate under s55A applies only to periodic tenancies.
Market rent
16. The landlord also makes a claim regarding market rent, pursuant to s25 of the Residential Tenancies Act 1986.
17. I am dismissing this part of the landlord’s claim because an application for market rent may only be brought by a tenant.
Reimbursement of the filing fee
18. Pursuant to s102(4)(a) of the Residential Tenancies Act 1986 if an applicant has been wholly successful in their claim, the Tribunal must order the respondent to reimburse the filing fee to the applicant.
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19. Under s102(4)(b) if the applicant has been partly successful in their claim, the tribunal may order the respondent to reimburse them the filing fee.
20. In this case the applicant has not been successful in any of his claims and so I am dismissing his claim for reimbursement of the filing fee.
[NAME]
20 May 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.
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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord must first serve a 14-day notice on the tenant to remedy the breach before terminating the tenancy.
- The behavior complained of was not directed at another person and thus did not amount to harassment.
- Applications for market rent can only be brought by tenants, not landlords.
- The applicant has not been successful in any of his claims, so the claim for reimbursement of the filing fee was dismissed.
❌ Tends to be rejected
- The landlord claimed termination of the tenancy for breach of quiet enjoyment without serving a 14-day notice.
- The landlord sought exemplary damages for the tenant’s breach of quiet enjoyment, but the behavior was not considered harassment.
- The landlord attempted to claim market rent, which is not allowed under the Residential Tenancies Act for landlords.
- The landlord requested reimbursement of the filing fee despite not being successful in any of his claims.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal dismissed the landlord's claims for termination of the tenancy, market rent, and reimbursement of the filing fee.
What was the dispute about?
The dispute was about whether the landlord could terminate the tenancy for breach of quiet enjoyment, claim market rent, and get back the filing fee.
How did the court decide, and why?
The court decided to dismiss the landlord's claims because he did not serve a 14-day notice to the tenant to remedy the breach, and because the landlord did not provide sufficient evidence to support his claims.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 40(2)(c) and 56(1), were applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord did not serve a 14-day notice to the tenant to remedy the breach of quiet enjoyment.
Was the decision for or against the person who brought the case?
The decision was against the landlord who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that they need to ensure they follow all the necessary procedures and provide sufficient evidence to support their claims.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.