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TMT New Zealand Ltd v Sweeney [2021] NZDC 16182

Published 28 November 2024

Appeal from Tenancy Tribunal — exemplary damages — unlawful act — public interest — loss of amenity — reasonable state of cleanliness — failure to provide documentation — reasonable security — Residential Tenancies Act 1986, ss 11, 13A, 45, 46, 85, 109 & 118 — District Court Rules 2014, r 18.20 — Austin, Nicholls & Co Inc v Stichting Lodestar [2008] 2 NZLR 141 — Housing New Zealand Corporation v Salt [2008] DCR 697. The appellant landlord appealed a decision of the Tenancy Tribunal. The Tribunal found in favour of the tenants, awarding them a total of $1,520.44, for failure to provide the premises in a reasonable state of cleanliness, for which $550 compensation and $500 exemplary damages were awarded, as well as exemplary damages for failure to provide documentation and failure to secure the premises, and a reimbursement of the filing fee. The appellant's grounds of appeal were: the issue of cleanliness, provision of documentation, and security. Failure to provide the premises in a reasonable state of cleanliness, failure to provide appropriate documentation relating to the premises and failure to secure the premises all constitute "unlawful acts" under the Residential Tenancies Act. The Court determined that the Tribunal had not erred it its assessment of these issues, but did find that the award of exemplary damages in relation to the cleanliness of the premises was incorrectly reached. The Court therefore allowed the appeal on this issue, but dismissed all other grounds of appeal. Judgment Date: 13 August 2021.

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