Tenantcheck Insights · Case study
Tenancy Tribunal case 5421548 — Tenancy dispute at 69 Riselaw Street, Mairehau, Christchurch 8013
Published 2 March 2026 · Application 5421548
Tenant favoured
- Compensation
- Exemplary damages
- Harassment
- Property damage
- 14-day notice
At a glance
Key facts from the published tribunal order.
Outcome
Tenant favoured
From published order
Location
Christchurch
Tribunal region
Adjudicator
R Morgan
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $515.00
- Total balance for Landlord to pay Tenant
- $515.00
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Compensation: Laundry | $15.00 | Laundry | |
| Compensation: Breach of Quiet Enjoyment | $500.00 | Breach of Quiet Enjoyment | |
| Net award | $515.00 | ||
| Total payable by Landlord to Tenant | $515.00 |
Claims and awards for application 5421548 — net $515.00 NZD. Verify on MoJ.
Compensation: Laundry
- Amount
- $15.00
- Awarded to
- Tenant
- Reason
- Laundry
Compensation: Breach of Quiet Enjoyment
- Amount
- $500.00
- Awarded to
- Tenant
- Reason
- Breach of Quiet Enjoyment
Net award
Tenant $515.00
Total payable by Landlord to Tenant
Tenant $515.00
Dismissed claims
- Other Claims — All other claims dismissed
Claim types — money lines allowed on this order
Order
- Kāinga Ora–Homes and Communities must pay Nicole Garbutt $515.00 immediately, calculated as shown in table below:
- The landlord will carry out an annual inspection and scope the repair work required at the premises (“the repairs”) on Friday, 6 March 2026.
- The landlord will carry out the repairs in the week of 16 to 20 March 2026.
- The tenant’s other claims are dismissed.
- This matter is determined as indicated by the orders above, but if there are any issues regarding the scope of repairs required, or access to complete the repairs, the parties are granted a period of two months within which they can request that the application be brought back before to the Tribunal and the matter will be re-opened.
Reasons
- Both parties attended the hearing.
- The tenant claims that the landlord has not carried out necessary repairs and maintenance. The tenant wants the problems fixed.
- Under section 45(1)(a) - (ca) Residential Tenancies Act 1986, the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements. Where the Tribunal finds the landlord has failed to comply with any of these obligations, it may make an order for the landlord to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.
- The tenant has applied for work orders in relation to: a. Completing bathroom repairs – skirtings, sealant, gib stopping and painting. b. Gap/draught stopping and adjusting doors and windows to stop them sticking. c. Replace toilet door. d. Slippering front and rear steps.
- The landlord accepts that some repairs are required but claims that the work cannot be confirmed or completed because the tenant has not allowed access or has attempted to put unreasonable requirements on access.
- The tenant also claims that the landlord has breached its right to quiet enjoyment and/or entered the premises when it was not entitled to do so. Background
- The tenant claims that a pattern of harassment or interference with quiet enjoyment started in November/December 2023 when the landlord refused to reschedule an annual inspection.
- She issued a 14-day notice in January 2025 seeking bathroom and other repairs. The landlord carried out testing the existing bathroom flooring. Asbestos was present which meant that the tenant would have to move to temporary accommodation while the repairs were carried out.
- The landlord wanted to complete all repairs requested by the tenant at the same time. The tenant refused. She wanted the bathroom repairs done while she was out of the house and said that the balance could be completed when she returned. The landlord agreed.
- The landlord provided the tenant with temporary accommodation from 23 March to 4 April 2025. The tenant had to pay $15.00 for laundry services while she was away from her home. The landlord required her to move out during works (for two weeks). It is reasonable that she should be compensated for the laundry costs she incurred during that period. I have made an order accordingly.
- Most of the bathroom work was completed by 4 April 2025. The tenant returned home on that day. She discovered that one of the tradesmen had entered the living room while she was away and serviced the heat pump. She said that was contrary to her agreement to allow access for the bathroom works only.
- She said that she expected the landlord to return to complete the outstanding work, but they never did, so she made the application for work orders.
- The correspondence shows that the landlord made numerous attempts to gain access to complete work, but that the tenant was obstructive. Her communication to the landlord’s staff was inappropriate. She attempted to put unreasonable conditions on access and sequencing of works.
- The tenant did not reply to the landlord’s last attempt to gain entry for repairs, in July 2025. At the hearing she said that she had not seen the email, as it had been sent on an email chain regarding outstanding rent.
- The landlord gave proper notice for an inspection in November 2025. The tenant attempted to rearrange all visits and re-iterated that all access would be on dates and times she provided to the landlord. She said that she would not be home at the time advised by the landlord.
- The landlord attended with a locksmith, expecting that the tenant would not be home to grant access. The tenant was in fact home and refused access. Work Orders
- The tenant wants work done. The landlord wants to do the work but has not had access to the property to confirm the full scope of repairs required.
- The landlord will have access to the premises on 6 March 2026 to carry out its annual inspection and to determine a more precise scope of works. The work will be completed in the week 16 to 20 March 2026. The landlord should provide the tenant with more precise times of entry on those dates by giving notice in accordance with s48(2)(b) and (d) RTA.
- Given the landlord’s acceptance that maintenance is required and its difficulty in obtaining access, it is not appropriate for me to make precise orders as to the work.
- However, if there are any issues regarding the scope of repairs required, or access to complete the repairs, the parties are granted a period of two months within which they can request that the application be brought back before to the Tribunal and the matter will be re-opened. Access & Quiet Enjoyment
- A landlord may not enter the premises during the tenancy except with the tenant's consent, in an emergency, or after giving the required notice for inspections and repairs and maintenance. 1 See section 48(1) and (2) Residential Tenancies Act 1986. In particular a landlord may enter premises: a. for the purpose of an inspection, at any time between 8 o’clock in the morning and 7 o’clock in the evening on a day specified in a notice given to the tenant not less than 48 hours nor more than 14 days before the intended entry, and not more frequently than once in any period of 4 weeks; and b. for the purpose of carrying out necessary repairs to or necessary maintenance of, the premises, at any time between 8 o’clock in the morning and 7 o’clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it at least 24 hours before the intended entry
- Failure by the tenant, without reasonable excuse, to allow the landlord to enter upon the premises in any circumstances in which the landlord is entitled to enter s an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 48 (4)(b) and Schedule 1A Residential Tenancies Act 1986.
- 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.
- The tenant said there was a pattern of the landlord interfering with her right to quiet enjoyment. The evidence did not establish any such pattern. Rather, it 1 Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 48 (4)(a) and Schedule 1A Residential Tenancies Act 1986. was the tenant’s communications to the landlord that were inappropriate and offensive.
- The landlord provided proper notices to carry out inspections in 2023 and 2025. It does not retain keys to the premises, so attended with a locksmith (in 2025) to pick the lock after the tenant declined entry and said she would not be home. When it was apparent that the tenant was home, the landlord did not obtain entry and left the property. The tenant did not establish that the landlord has breached s48(5) RTA.
- After the tenant served the 14-day notice in January 2025, the landlord wanted to complete all work while the tenant was out of the property. The tenant refused. The landlord was entitled to carry out the work in accordance with a properly issued notice under s48(2)(d) RTA but chose not to exercise its right of entry and tried to work with the tenant.
- The landlord agreed that its trades people would only work on the bathroom in late March 2025. There was a communication issue between the head contractor and a subtrade which meant that someone gained access to the lounge and serviced a heat pump. The main contractor immediately apologised to the tenant and acknowledged the error.
- The mistake was not intentional but has caused significant distress to the tenant. It was also a breach of her privacy in circumstances where the landlord had agreed not to enter other rooms. Having regard to the background, communications regarding access and the conditions the tenant has attempted to impose, I find that a very modest award of compensation is appropriate for this breach. I award $500.
- The tenant did not establish any other breaches of the landlord’s obligations. The landlord’s communications remained courteous and professional in the face of intemperate emails from the tenant, with unreasonable conditions. All other claims are dismissed.
- The tenant applied for suppression of her details but was not substantially successful. The tenant did not suggest any other reason why suppression should be granted. The request is declined.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s17, s38(2), s38(3), s45(1), s48, s48(1), s48(2), s48(5), s78(1)
Key findings
- Dispute theme: termination 14day
- Dispute theme: exemplary damages
- Dispute theme: harassment
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5421548?
The tribunal order states: Kāinga Ora–Homes and Communities must pay Nicole Garbutt $515.00
How much money was awarded in case 5421548?
Compensation: Breach of Quiet Enjoym…: $500.00 awarded to tenant; Compensation: Laundry: $15.00 awarded to tenant
What type of tenancy dispute was case 5421548?
The dispute type was not classified.
Where can I read the official tribunal order for case 5421548?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13210818-Tenancy_Tribunal_Order.pdf.