What was the outcome of Tenancy Tribunal case 5163452?

The tribunal order states: The tenancy of Caleb Metternich at 8A School Road, Kakanui, North Otago 9495,

How much money was awarded in case 5163452?

Property Damage: $2,500.00 awarded to tenant; Homes Standards: $1,000.00 awarded to tenant; Previous Order Application 5163452 D…: $5,680.00 awarded to landlord

What type of tenancy dispute was case 5163452?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5163452?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12169503-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5163452?

The tribunal order states: The tenancy of Caleb Metternich at 8A School Road, Kakanui, North Otago 9495,

How much money was awarded in case 5163452?

Property Damage: $2,500.00 awarded to tenant; Homes Standards: $1,000.00 awarded to tenant; Previous Order Application 5163452 D…: $5,680.00 awarded to landlord

What type of tenancy dispute was case 5163452?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5163452?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12169503-Tribunal_Order.pdf.

8A School Road, Kakanui, North Otago 9495, C/- Kakanui Tenancy Tribunal Case 5163452 — Exemplary damages

Claims and awards in Tenancy Tribunal application 5163452 — net $1,070.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Previous order application 5163452 dated 11/06/2025	$5,680.00		Previous order application 5163452 dated 11/06/2025
Bond (presumed not lodged		$1,110.00	Bond (presumed not lodged
Exemplary damages - failure to comply with Healthy		$2,500.00	Exemplary damages - failure to comply with Healthy
Homes Standards		$1,000.00	Homes Standards
Total award	$5,680.00	$4,610.00
Net award	$1,070.00
Total payable by Tenant to Landlord	$1,070.00

Order

The tenancy of Caleb Metternich at 8A School Road, Kakanui, North Otago 9495, C/- Kakanui Store is terminated, and possession is granted to Simon Lawrence, at 11.59pm on Sunday 10 August 2025.
Caleb Metternich must pay Simon Lawrence $1,070.00 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing today, the landlord in person, the tenant by phone.
The landlord has applied for termination of the tenancy, rent arrears, and refund of the bond.
The tenant has applied for compensation and exemplary damages for breaches by the landlord. Previous order
I first heard the landlord’s application on 11 June 2025. I terminated the tenancy for rent arrears but suspended the order on the condition that the tenant continue to pay rent when due, pending the tenant filing his cross application.
Today the landlord confirmed that the tenant had complied with the terms of the order I made. The landlord’s claim for rent arears remains the amount previously ordered.
Because the rent was, and is still, more than 21 days in arrears, the tenancy must be terminated. I made that order on 11 June 2025 (with reasons) but suspended enforcement pending me hearing the tenant’s cross application.
To avoid doubt, the stay (suspension) earlier granted is now lifted. I have granted the landlord possession of the premises on 10 August 2025 to allow the tenant time to find other accommodation. The tenant’s application.
The tenant sought compensation for rubbish removal and repairs he did at the start of the tenancy. The tenancy started on 18 September 2021. A claim now for matters that occurred nearly 4 years ago is difficult to establish.
The tenant did not provide sufficient evidence that the landlord failed in his responsibility to provide the premises in a reasonably clean and tidy condition. The landlord says he did.
This claim is dismissed for lack of proof. Exemplary damages
The tenant has claimed exemplary damages for the landlord’s failure to comply with the Healthy Homes Standards (HHS).
Section 45 RTA sets out a landlord’s responsibilities. Included among them are the responsibility to provide the premises in a reasonably clean state; to provide and maintain the premises in a reasonable state of repair (having regard to the age and character of the premises); and to comply with the Healthy Homes Standards (HHS).
A failure to comply with the HHS is a defined unlawful act.
Exemplary damages are designed to punish and to deter. They are like a fine.
Exemplary damages are awarded at the Tribunal’s discretion when one party has proved that the other party has committed a defined unlawful act. If that is proven, and before the Tribunal may award exemplary damages, it must take account of the factors set out in section 109 of the Residential Tenancies Act 1986 (RTA). Those factors are: • The intention of the person; • The effect of the unlawful act; • The interests of the party against whom the unlawful act was committed; and • The public interest.
The HHS compliance date for this tenancy was 18 December 2021, 3 months after the start date of the tenancy.
The landlord accepted that he did not have extraction fans installed in the kitchen and bathroom until sometime between March and June 2024. The tenant was similarly vague about the dates.
An application for exemplary damages must be made within 12 months of the date of the alleged breach. In this case, it is probable that the tenant’s application (lodged on 19 June 2025) was more than 12 months after the extraction fans were installed.
However, the landlord accepted that there was no working heat pump or other approved source of heating for the past 3 years. He said he told the tenant he would fix the heat pump if the tenant paid his rent arears and paid for remote controls.
The landlord’s responsibility was to ensure that the premises had an approved heating source adequate for the size of the premises that worked.
His admission that there was no such heat source, and his statement that he was not prepared to provide one until the tenant paid his rent arrears, establishes that he intentionally committed an unlawful act.
Parliament intended a breach of the HHS to be regarded seriously. It provided for exemplary damages up to $7,200.00 for this breach.
I find that the criteria for awarding exemplary damages are met in this case. I award the tenant exemplary damages of $2,500.00 for the landlord’s failure to comply with the HHS heating standard.
The tenant’s application for exemplary damages for an alleged unlawful entry by the landlord must be dismissed as the alleged event probably happened more than 12 months before his application was lodged (the date was not clearly established). Compensation
The Tribunal may award compensation to a party for losses arising from a proven breach or breaches by the other party of their statutory responsibilities.
Compensation is generally awarded for actual losses and sometimes for less tangible effects of proven breaches such as a loss of enjoyment of the tenancy and the accompanying stress and anxiety.
In Birch v Otautahi Community Housing Trust 1 the District Court confirmed that the Tribunal must consider the following factors when deciding to award compensation: • The nature of the breach; • The duration of the breach; and • The effect of the breach on the party.
The landlord’s failure to comply with the HHS resulted in a loss of enjoyment of the tenancy because the premises were not heated. That has continued for about 2-3 years. The tenant described how the premises were damp and cold.
For this prolonged loss of enjoyment of the tenancy caused by the landlord’s breach of his section 45 RTA responsibilities, I separately award the tenant compensation of $1,000.00. The bond
The landlord accepts that the tenant paid a bond of $1,110.00 at the start of the tenancy.
The landlord states that he paid the bond to the Bond Centre, but it has ‘been lost’. The Tribunal cannot locate any record of the bond.
I have deducted the amount of the bond from the rent arears the tenant owes on the assumption that the landlord is still holding it.
If the landlord obtains confirmation from the Bond Centre that it is holding a bond for this tenancy (a bond number) he may apply for an order releasing the bond to him, by emailing the registry. 1 [2020] NZDC 17667 Result
The tenancy is terminated because even after the deductions on the tenant’s successful application the rent is still more than 21 days in arrears. The landlord is granted possession of the premises on 10 August 2025.
The tenant must pay the landlord rent arrears of $5,680.00 as proved at the hearing on 11 June 2025. From that will be deducted the bond ($1,110.00); exemplary damages for non-compliance with the HHS ($2,500.00); and compensation for the tenant’s loss of enjoyment of the tenancy due to the landlord’s failure to comply with the HHS heating standard $1,000.00).
The tenant must therefore pay the landlord $1,070.00.
The tenant’s other claims are dismissed.
No order is made for reimbursement of the filing fees the parties paid. Both parties have succeeded. An award to one would be cancelled by an award to the other.
Neither party sought an order for name suppression.

Claims and awards in Tenancy Tribunal application 5163452 — net $1,070.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Previous order application 5163452 dated 11/06/2025	$5,680.00		Previous order application 5163452 dated 11/06/2025
Bond (presumed not lodged		$1,110.00	Bond (presumed not lodged
Exemplary damages - failure to comply with Healthy		$2,500.00	Exemplary damages - failure to comply with Healthy
Homes Standards		$1,000.00	Homes Standards
Total award	$5,680.00	$4,610.00
Net award	$1,070.00
Total payable by Tenant to Landlord	$1,070.00

Order

The tenancy of Caleb Metternich at 8A School Road, Kakanui, North Otago 9495, C/- Kakanui Store is terminated, and possession is granted to Simon Lawrence, at 11.59pm on Sunday 10 August 2025.
Caleb Metternich must pay Simon Lawrence $1,070.00 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing today, the landlord in person, the tenant by phone.
The landlord has applied for termination of the tenancy, rent arrears, and refund of the bond.
The tenant has applied for compensation and exemplary damages for breaches by the landlord. Previous order
I first heard the landlord’s application on 11 June 2025. I terminated the tenancy for rent arrears but suspended the order on the condition that the tenant continue to pay rent when due, pending the tenant filing his cross application.
Today the landlord confirmed that the tenant had complied with the terms of the order I made. The landlord’s claim for rent arears remains the amount previously ordered.
Because the rent was, and is still, more than 21 days in arrears, the tenancy must be terminated. I made that order on 11 June 2025 (with reasons) but suspended enforcement pending me hearing the tenant’s cross application.
To avoid doubt, the stay (suspension) earlier granted is now lifted. I have granted the landlord possession of the premises on 10 August 2025 to allow the tenant time to find other accommodation. The tenant’s application.
The tenant sought compensation for rubbish removal and repairs he did at the start of the tenancy. The tenancy started on 18 September 2021. A claim now for matters that occurred nearly 4 years ago is difficult to establish.
The tenant did not provide sufficient evidence that the landlord failed in his responsibility to provide the premises in a reasonably clean and tidy condition. The landlord says he did.
This claim is dismissed for lack of proof. Exemplary damages
The tenant has claimed exemplary damages for the landlord’s failure to comply with the Healthy Homes Standards (HHS).
Section 45 RTA sets out a landlord’s responsibilities. Included among them are the responsibility to provide the premises in a reasonably clean state; to provide and maintain the premises in a reasonable state of repair (having regard to the age and character of the premises); and to comply with the Healthy Homes Standards (HHS).
A failure to comply with the HHS is a defined unlawful act.
Exemplary damages are designed to punish and to deter. They are like a fine.
Exemplary damages are awarded at the Tribunal’s discretion when one party has proved that the other party has committed a defined unlawful act. If that is proven, and before the Tribunal may award exemplary damages, it must take account of the factors set out in section 109 of the Residential Tenancies Act 1986 (RTA). Those factors are: • The intention of the person; • The effect of the unlawful act; • The interests of the party against whom the unlawful act was committed; and • The public interest.
The HHS compliance date for this tenancy was 18 December 2021, 3 months after the start date of the tenancy.
The landlord accepted that he did not have extraction fans installed in the kitchen and bathroom until sometime between March and June 2024. The tenant was similarly vague about the dates.
An application for exemplary damages must be made within 12 months of the date of the alleged breach. In this case, it is probable that the tenant’s application (lodged on 19 June 2025) was more than 12 months after the extraction fans were installed.
However, the landlord accepted that there was no working heat pump or other approved source of heating for the past 3 years. He said he told the tenant he would fix the heat pump if the tenant paid his rent arears and paid for remote controls.
The landlord’s responsibility was to ensure that the premises had an approved heating source adequate for the size of the premises that worked.
His admission that there was no such heat source, and his statement that he was not prepared to provide one until the tenant paid his rent arrears, establishes that he intentionally committed an unlawful act.
Parliament intended a breach of the HHS to be regarded seriously. It provided for exemplary damages up to $7,200.00 for this breach.
I find that the criteria for awarding exemplary damages are met in this case. I award the tenant exemplary damages of $2,500.00 for the landlord’s failure to comply with the HHS heating standard.
The tenant’s application for exemplary damages for an alleged unlawful entry by the landlord must be dismissed as the alleged event probably happened more than 12 months before his application was lodged (the date was not clearly established). Compensation
The Tribunal may award compensation to a party for losses arising from a proven breach or breaches by the other party of their statutory responsibilities.
Compensation is generally awarded for actual losses and sometimes for less tangible effects of proven breaches such as a loss of enjoyment of the tenancy and the accompanying stress and anxiety.
In Birch v Otautahi Community Housing Trust 1 the District Court confirmed that the Tribunal must consider the following factors when deciding to award compensation: • The nature of the breach; • The duration of the breach; and • The effect of the breach on the party.
The landlord’s failure to comply with the HHS resulted in a loss of enjoyment of the tenancy because the premises were not heated. That has continued for about 2-3 years. The tenant described how the premises were damp and cold.
For this prolonged loss of enjoyment of the tenancy caused by the landlord’s breach of his section 45 RTA responsibilities, I separately award the tenant compensation of $1,000.00. The bond
The landlord accepts that the tenant paid a bond of $1,110.00 at the start of the tenancy.
The landlord states that he paid the bond to the Bond Centre, but it has ‘been lost’. The Tribunal cannot locate any record of the bond.
I have deducted the amount of the bond from the rent arears the tenant owes on the assumption that the landlord is still holding it.
If the landlord obtains confirmation from the Bond Centre that it is holding a bond for this tenancy (a bond number) he may apply for an order releasing the bond to him, by emailing the registry. 1 [2020] NZDC 17667 Result
The tenancy is terminated because even after the deductions on the tenant’s successful application the rent is still more than 21 days in arrears. The landlord is granted possession of the premises on 10 August 2025.
The tenant must pay the landlord rent arrears of $5,680.00 as proved at the hearing on 11 June 2025. From that will be deducted the bond ($1,110.00); exemplary damages for non-compliance with the HHS ($2,500.00); and compensation for the tenant’s loss of enjoyment of the tenancy due to the landlord’s failure to comply with the HHS heating standard $1,000.00).
The tenant must therefore pay the landlord $1,070.00.
The tenant’s other claims are dismissed.
No order is made for reimbursement of the filing fees the parties paid. Both parties have succeeded. An award to one would be cancelled by an award to the other.
Neither party sought an order for name suppression.

Tenancy Tribunal case 5163452 — Exemplary damages at 8A School Road, Kakanui, North Otago 9495, C/- Kakanui

At a glance

Tenancy Tribunal case 5163452 — Exemplary damages at 8A School Road, Kakanui, North Otago 9495, C/- Kakanui

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions