What was the outcome of Tenancy Tribunal case 5229331?

The tribunal order states: The landlord’s claims against the tenant are dismissed.

How much money was awarded in case 5229331?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5229331?

The primary dispute was 14-day notice. Related themes: Exemplary damages, Harassment.

Where can I read the official tribunal order for case 5229331?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11868890-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5229331?

The tribunal order states: The landlord’s claims against the tenant are dismissed.

How much money was awarded in case 5229331?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5229331?

The primary dispute was 14-day notice. Related themes: Exemplary damages, Harassment.

Where can I read the official tribunal order for case 5229331?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11868890-Tenancy_Tribunal_Order.pdf.

41B Tawa Street, Mount Maunganui, Mount Maunganui Tenancy Tribunal Case 5229331 — 14-day notice

Order

The landlord’s claims against the tenant are dismissed.

Reasons

Both parties attended the hearing which was held at Tauranga Court.
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.
The landlord also made a claim for market rent and reimbursement of the filing fee.
I shall take each of the claims made in turn. Breach of quiet enjoyment
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.
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.
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.
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.
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.
The landlord also makes a claim for exemplary damages for the tenant’s breach of quiet enjoyment as provided by s40(2)(c).
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.
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". MacDonald v Dodds, CIV-2009-019-001524, DC Hamilton, 26 February 2010.
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.
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.
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
The landlord also makes a claim regarding market rent, pursuant to s25 of the Residential Tenancies Act 1986.
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
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.
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.
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. C ter Haar 20 May 2025

Order

The landlord’s claims against the tenant are dismissed.

Reasons

Both parties attended the hearing which was held at Tauranga Court.
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.
The landlord also made a claim for market rent and reimbursement of the filing fee.
I shall take each of the claims made in turn. Breach of quiet enjoyment
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.
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.
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.
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.
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.
The landlord also makes a claim for exemplary damages for the tenant’s breach of quiet enjoyment as provided by s40(2)(c).
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.
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". MacDonald v Dodds, CIV-2009-019-001524, DC Hamilton, 26 February 2010.
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.
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.
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
The landlord also makes a claim regarding market rent, pursuant to s25 of the Residential Tenancies Act 1986.
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
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.
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.
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. C ter Haar 20 May 2025

Tenancy Tribunal case 5229331 — 14-day notice at 41B Tawa Street, Mount Maunganui, Mount Maunganui

At a glance

Tenancy Tribunal case 5229331 — 14-day notice at 41B Tawa Street, Mount Maunganui, Mount Maunganui

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions