What was the outcome of Tenancy Tribunal case 5260802?

The tribunal order states: Far North Circle Real Estate Limited as agent for David & Pricilla Chetty is

How much money was awarded in case 5260802?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5260802?

The primary dispute was Harassment. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5260802?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12065548-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5260802?

The tribunal order states: Far North Circle Real Estate Limited as agent for David & Pricilla Chetty is

How much money was awarded in case 5260802?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5260802?

The primary dispute was Harassment. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5260802?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12065548-Tribunal_Order.pdf.

15 Marchant Road, Hihi, RD 1, Mangonui 0494 Tenancy Tribunal Case 5260802 — Harassment

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Reasons

Both parties attended the hearing.

The landlord has applied for possession of the premises following the termination of the tenancy.

The tenant has made a cross application for retaliatory notice and exemplary damages for harassment and discrimination. Background

On 7 February 2025 the landlord issued a notice to terminate the tenancy with the end date being 8 May 2025.

The tenant filed an application with the Tribunal seeking a six-month extension of the 90-day notice, as well as making claims for exemplary damages for harassment and retaliatory notice.

On 8 May 2025 the Tribunal issued a decision dismissing the tenant’s claims for an extension, retaliatory notice, and exemplary damages for harassment. 1 The decision declared that the end date of the tenancy was to be 8 May 2025.

On 14 May 2025 the tenant applied for a rehearing. On 12 June 2025 the Tribunal dismissed the application for a rehearing. 2

At around the same time, the tenant filed an additional claim for harassment and discrimination that has been scheduled for a hearing in early August (5257959). The tenant agreed that this will be dealt with at the scheduled hearing and therefore the issue of discrimination was not considered today.

The tenant remains in the property and advises that she has not been able to find anywhere else to live. She believes that it is due to the property manager’s actions in not allowing her to find another property in the area (being part of the claims made in 5257959). Possession

As explained in the hearing, I am not able to consider the issues of retaliatory notice and harassment as these issues have already been heard by the Tribunal and a decision issued. As I explained, the concept of res judicata (an issue that has already been decided) prevents parties from repeatedly bringing the same issue(s) to the Tribunal after a decision has been made.

These claims are therefore dismissed.

The final issue of discrimination is the subject of the separate claim to be heard at a later hearing and has no relevance or impact on the entitlement of the landlord to possession of the property. 1 Irina Lyubina v Ray White Doubtless Bay [2025] NZTT 5244991. 2 Ibid.

Although it is unfortunate that the tenant has been unable to secure alternative accommodation, that is not legally relevant to the landlord’s entitlement to possession of the property.

The tenancy ended on 8 May 2025 which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied and immediate possession is granted to the landlord. R Harvey-Lane 03 July 2025

Reasons

Both parties attended the hearing.

The landlord has applied for possession of the premises following the termination of the tenancy.

The tenant has made a cross application for retaliatory notice and exemplary damages for harassment and discrimination. Background

On 7 February 2025 the landlord issued a notice to terminate the tenancy with the end date being 8 May 2025.

The tenant filed an application with the Tribunal seeking a six-month extension of the 90-day notice, as well as making claims for exemplary damages for harassment and retaliatory notice.

On 14 May 2025 the tenant applied for a rehearing. On 12 June 2025 the Tribunal dismissed the application for a rehearing. 2

These claims are therefore dismissed.

Although it is unfortunate that the tenant has been unable to secure alternative accommodation, that is not legally relevant to the landlord’s entitlement to possession of the property.

Tenancy Tribunal case 5260802 — Harassment at 15 Marchant Road, Hihi, RD 1, Mangonui 0494

At a glance

Tenancy Tribunal case 5260802 — Harassment at 15 Marchant Road, Hihi, RD 1, Mangonui 0494

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions