What was the outcome of Tenancy Tribunal case 5268021?

The tribunal order states: Gabriella D'angelino (AKA Stephanie Sancia) must pay Cutlers Limited - As

How much money was awarded in case 5268021?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,777.14 awarded to landlord

What type of tenancy dispute was case 5268021?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5268021?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12035254-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5268021?

The tribunal order states: Gabriella D'angelino (AKA Stephanie Sancia) must pay Cutlers Limited - As

How much money was awarded in case 5268021?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,777.14 awarded to landlord

What type of tenancy dispute was case 5268021?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5268021?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12035254-Tenancy_Tribunal_Order.pdf.

557 Berwick Road, Clarendon, RD 1, Milton 9073 Tenancy Tribunal Case 5268021 — Rent arrears

Claims and awards in Tenancy Tribunal application 5268021 — net $2,004.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8/6/2025	$3,777.14	Rent arrears to 8/6/2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,004.14
Total payable by Tenant to Landlord	$2,004.14

Order

Gabriella D'angelino (AKA Stephanie Sancia) must pay Cutlers Limited - As Agent For Ds Fleming $2,004.14 immediately, calculated as per the table below:
The Bond Centre is to pay the bond of $1,800.00 (6507296-022) to Cutlers Limited - As Agent For Ds Fleming immediately.
The tenant’s application for compensation of $3,000.00 and exemplary damages is dismissed.

Reasons

Both parties attended the hearing, the tenant by telephone.
On 1/5/2025 the tenant applied for compensation of $3,000.00 and exemplary damages for breach of her quiet enjoyment and the state of the premises.
The landlord cross applied for rent arrears.
Just prior to the hearing the landlord also applied for compensation.
However, I declined to hear the compensation claim because the tenant had not had sufficient notice to consider the significant amount of evidence provided with the claim and it was unclear as to exactly what was being claimed.
If the landlord wishes to pursue the issue of compensation, then they must file a new application.
The tenancy was originally for a fixed term commencing on 9/10/2023 at $450.00 per week rent for a dwelling situated on a working farm.
The term of the tenancy reverted to periodic from 11/10/2024 and was ended by the landlord giving 90 days notice on 10/3/2025. Tenant’s claim Has the landlord breached the tenant’s quiet enjoyment?
The tenant claims the landlord has harassed her, including but not limited to “inducing” her to take the tenancy, allowing mail for the owner and a previous occupant to be left in the mailbox, and a local council officer visiting looking for the owner.
In response the landlord disputed that she had harassed the tenant and indeed suggested she had only seen the tenant about six times during the tenancy, for inspections.
Nor did the landlord believe the issue of the mail and visit from a local council official was harassment.
The landlord provided email communication between herself and the tenant prior to the tenancy commencing.
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.
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.
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.

Has the landlord breached their obligations?

The tenant claims that the landlord has breached their obligations by failing to have the fire properly repaired and not providing a suitable heat pump.
On the other hand, the landlord disputed that the premises were not provided and maintained in a reasonable condition.
The landlord submitted that the premises had a Healthy Homes Compliance certificate dated 20/9/2023.
Further the landlord confirmed that the fire had been repaired during the tenancy and the tenant helped to secure wood.
Under section 45, a landlord must, among other matters, provide and maintain the premises in a reasonable state of repair.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986. Standard of proof
This is a civil jurisdiction which means when looking at the claims the standard of proof is on the balance of probabilities. Put simply this means both parties must establish, with evidence, that their claims are more likely than not.
The Tribunal does not need to be completely certain. All evidence presented is considered and weighed to decide what is more likely.
Where there are serious allegations, or important issues at stake, then the Tribunal needs a level of supporting evidence benefitting the matters to be decided.
Although I have not referred to all the evidence presented at the hearing the parties can be assured that it has been considered. For the purposes of conciseness only the most relevant or important evidence has been referred to.
The onus is on each party to provide the necessary evidence to support their claim. If they fail to do so then the application will be dismissed, whether it has merit or not.
Unfortunate as it may be for the tenant I find she has failed to provide any objective, compelling evidence to support her claims about the issues of harassment and state of the premises.
Although the tenant mentioned several times that she had photographs and videos to support her claims she twice declined the opportunity to have the hearing adjourned so that she could provide further evidence.
I find the landlord has not committed any unlawful acts.
As the landlord has not committed any unlawful act exemplary damages are not available to the tenant.
Nor based on the lack of evidence do I consider compensation is available to the tenant. Landlord’s claim

Does the tenant owe rent arrears?

The tenancy ended on 8/6/2025.
According to my calculations from the rent records provided by the landlord the tenant owes $3,777.14 arrears.
The tenant did not dispute the arrears and confirmed that the last payment she made was on 2/4/2025.
I am satisfied that the tenant owes arrears and an award has been made for these, less the bond.
As Cutlers Limited - As Agent For Ds Fleming has wholly succeeded with the claim I must reimburse the filing fee.
The landlord did not ask for suppression.
As the tenant was unsuccess with her proceedings suppression is not available to her under section 95A.

Claims and awards in Tenancy Tribunal application 5268021 — net $2,004.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8/6/2025	$3,777.14	Rent arrears to 8/6/2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,004.14
Total payable by Tenant to Landlord	$2,004.14

Order

Gabriella D'angelino (AKA Stephanie Sancia) must pay Cutlers Limited - As Agent For Ds Fleming $2,004.14 immediately, calculated as per the table below:
The Bond Centre is to pay the bond of $1,800.00 (6507296-022) to Cutlers Limited - As Agent For Ds Fleming immediately.
The tenant’s application for compensation of $3,000.00 and exemplary damages is dismissed.

Reasons

Both parties attended the hearing, the tenant by telephone.
On 1/5/2025 the tenant applied for compensation of $3,000.00 and exemplary damages for breach of her quiet enjoyment and the state of the premises.
The landlord cross applied for rent arrears.
Just prior to the hearing the landlord also applied for compensation.
However, I declined to hear the compensation claim because the tenant had not had sufficient notice to consider the significant amount of evidence provided with the claim and it was unclear as to exactly what was being claimed.
If the landlord wishes to pursue the issue of compensation, then they must file a new application.
The tenancy was originally for a fixed term commencing on 9/10/2023 at $450.00 per week rent for a dwelling situated on a working farm.
The term of the tenancy reverted to periodic from 11/10/2024 and was ended by the landlord giving 90 days notice on 10/3/2025. Tenant’s claim Has the landlord breached the tenant’s quiet enjoyment?
The tenant claims the landlord has harassed her, including but not limited to “inducing” her to take the tenancy, allowing mail for the owner and a previous occupant to be left in the mailbox, and a local council officer visiting looking for the owner.
In response the landlord disputed that she had harassed the tenant and indeed suggested she had only seen the tenant about six times during the tenancy, for inspections.
Nor did the landlord believe the issue of the mail and visit from a local council official was harassment.
The landlord provided email communication between herself and the tenant prior to the tenancy commencing.
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.
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.
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.

Has the landlord breached their obligations?

The tenant claims that the landlord has breached their obligations by failing to have the fire properly repaired and not providing a suitable heat pump.
On the other hand, the landlord disputed that the premises were not provided and maintained in a reasonable condition.
The landlord submitted that the premises had a Healthy Homes Compliance certificate dated 20/9/2023.
Further the landlord confirmed that the fire had been repaired during the tenancy and the tenant helped to secure wood.
Under section 45, a landlord must, among other matters, provide and maintain the premises in a reasonable state of repair.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986. Standard of proof
This is a civil jurisdiction which means when looking at the claims the standard of proof is on the balance of probabilities. Put simply this means both parties must establish, with evidence, that their claims are more likely than not.
The Tribunal does not need to be completely certain. All evidence presented is considered and weighed to decide what is more likely.
Where there are serious allegations, or important issues at stake, then the Tribunal needs a level of supporting evidence benefitting the matters to be decided.
Although I have not referred to all the evidence presented at the hearing the parties can be assured that it has been considered. For the purposes of conciseness only the most relevant or important evidence has been referred to.
The onus is on each party to provide the necessary evidence to support their claim. If they fail to do so then the application will be dismissed, whether it has merit or not.
Unfortunate as it may be for the tenant I find she has failed to provide any objective, compelling evidence to support her claims about the issues of harassment and state of the premises.
Although the tenant mentioned several times that she had photographs and videos to support her claims she twice declined the opportunity to have the hearing adjourned so that she could provide further evidence.
I find the landlord has not committed any unlawful acts.
As the landlord has not committed any unlawful act exemplary damages are not available to the tenant.
Nor based on the lack of evidence do I consider compensation is available to the tenant. Landlord’s claim

Does the tenant owe rent arrears?

The tenancy ended on 8/6/2025.
According to my calculations from the rent records provided by the landlord the tenant owes $3,777.14 arrears.
The tenant did not dispute the arrears and confirmed that the last payment she made was on 2/4/2025.
I am satisfied that the tenant owes arrears and an award has been made for these, less the bond.
As Cutlers Limited - As Agent For Ds Fleming has wholly succeeded with the claim I must reimburse the filing fee.
The landlord did not ask for suppression.
As the tenant was unsuccess with her proceedings suppression is not available to her under section 95A.

Tenancy Tribunal case 5268021 — Rent arrears at 557 Berwick Road, Clarendon, RD 1, Milton 9073

At a glance

Tenancy Tribunal case 5268021 — Rent arrears at 557 Berwick Road, Clarendon, RD 1, Milton 9073

At a glance

Award balance

Claims & awards

Order

Reasons

Has the landlord breached their obligations?

Does the tenant owe rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Has the landlord breached their obligations?

Does the tenant owe rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions