What was the outcome of Tenancy Tribunal case 5301082?

The tribunal order states: Mark Spiers And Natalja Abramova are to pay $150.00 Willem Jacobus Botha

How much money was awarded in case 5301082?

ORDER Mark Spiers And Natalja Abramo…: $150.00 awarded to landlord

What type of tenancy dispute was case 5301082?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5301082?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13078977-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5301082?

The tribunal order states: Mark Spiers And Natalja Abramova are to pay $150.00 Willem Jacobus Botha

How much money was awarded in case 5301082?

ORDER Mark Spiers And Natalja Abramo…: $150.00 awarded to landlord

What type of tenancy dispute was case 5301082?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5301082?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13078977-Tribunal_Order.pdf.

Unit/Flat B, 1 Rifle Range Road, Pukekohe, Auckland 2676 Tenancy Tribunal Case 5301082 — Exemplary damages

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Unit/Flat B, 1 Rifle Range Road, Pukekohe, Auckland 2676 Tenancy Tribunal Case 5301082 — Exemplary damages | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5301082. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ORDER Mark Spiers And Natalja Abramova are to pay	$150.00		ORDER Mark Spiers And Natalja Abramova are to pay

Claims and awards for application 5301082. Verify on MoJ.

ORDER Mark Spiers And Natalja Abramova are to pay

Amount: $150.00
Awarded to: Landlord
Reason: ORDER Mark Spiers And Natalja Abramova are to pay

Order

Mark Spiers And Natalja Abramova are to pay $150.00 Willem Jacobus Botha and Juanita Filmalter to immediately.

Reasons

Both parties attended the hearing on 7 November and 5 February 2026.
On 7 November, I terminated the tenancy at Unit/Flat B, 1 Rifle Range Road, Pukekohe, Auckland 2676 by mutual consent of the parties effective 22 November 2025.
The tenant sought an order for the premises to be declared as unlawful residential premises, refund of 85% of the rent pursuant to section 78A Residential Tenancies Act 1986 (‘RTA’) and exemplary damages.
The landlord was in receipt of an abatement notice from Auckland Council concerning the legality of the 2 bedroom premises that is rented out to the tenant but after the landlord’s challenge at the Environment Court, Auckland Council has withdrawn their abatement notice and undertakes that no further enforcement action will be taken regarding the dwelling.
I am satisfied that there is no breach in relation to section 78A RTA and the tenanted premises is not unlawful residential premises.
For those reasons, I dismiss the tenant’s claims couched under section 78A RTA.
The tenant’s claim in respect of the incorrect address given for this property is successful.
The tenant informed the property manager that the address that was given to them (and as stated on the tenancy agreement) of 1B Rifle Range Road does not exist as a postal address, nor is it a legal address on any council or postal websites. This led to the property manager telling the tenant to use 8A Hart Road (the neighbour’s address) which is also incorrect for the tenanted premises. Nothing has been done to remediate this issue during the tenancy.
The landlord acknowledged at the hearing that while the premises concerned sits on the title at 1 Rifle Range Road, the correct postal address for the dwelling is 8 Hart Road. There is no legal title or postal address known as 1B Rifle Range Road as stated on the tenancy agreement.
I am satisfied that the tenant has suffered inconvenience for the misdescription in the address of the property.
I award the tenant general damages of $150.00 in the circumstances.
Only the amounts ordered are proved.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5301082. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ORDER Mark Spiers And Natalja Abramova are to pay	$150.00		ORDER Mark Spiers And Natalja Abramova are to pay

Claims and awards for application 5301082. Verify on MoJ.

ORDER Mark Spiers And Natalja Abramova are to pay

Amount: $150.00
Awarded to: Landlord
Reason: ORDER Mark Spiers And Natalja Abramova are to pay

Order

Mark Spiers And Natalja Abramova are to pay $150.00 Willem Jacobus Botha and Juanita Filmalter to immediately.

Reasons

Both parties attended the hearing on 7 November and 5 February 2026.
On 7 November, I terminated the tenancy at Unit/Flat B, 1 Rifle Range Road, Pukekohe, Auckland 2676 by mutual consent of the parties effective 22 November 2025.
The tenant sought an order for the premises to be declared as unlawful residential premises, refund of 85% of the rent pursuant to section 78A Residential Tenancies Act 1986 (‘RTA’) and exemplary damages.
The landlord was in receipt of an abatement notice from Auckland Council concerning the legality of the 2 bedroom premises that is rented out to the tenant but after the landlord’s challenge at the Environment Court, Auckland Council has withdrawn their abatement notice and undertakes that no further enforcement action will be taken regarding the dwelling.
I am satisfied that there is no breach in relation to section 78A RTA and the tenanted premises is not unlawful residential premises.
For those reasons, I dismiss the tenant’s claims couched under section 78A RTA.
The tenant’s claim in respect of the incorrect address given for this property is successful.
The tenant informed the property manager that the address that was given to them (and as stated on the tenancy agreement) of 1B Rifle Range Road does not exist as a postal address, nor is it a legal address on any council or postal websites. This led to the property manager telling the tenant to use 8A Hart Road (the neighbour’s address) which is also incorrect for the tenanted premises. Nothing has been done to remediate this issue during the tenancy.
The landlord acknowledged at the hearing that while the premises concerned sits on the title at 1 Rifle Range Road, the correct postal address for the dwelling is 8 Hart Road. There is no legal title or postal address known as 1B Rifle Range Road as stated on the tenancy agreement.
I am satisfied that the tenant has suffered inconvenience for the misdescription in the address of the property.
I award the tenant general damages of $150.00 in the circumstances.
Only the amounts ordered are proved.

Tenancy Tribunal case 5301082 — Exemplary damages at Unit/Flat B, 1 Rifle Range Road, Pukekohe, Auckland 2676

At a glance

Tenancy Tribunal case 5301082 — Exemplary damages at Unit/Flat B, 1 Rifle Range Road, Pukekohe, Auckland 2676

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