Published tribunal order
Tenancy Tribunal case 5256361 — Property damage at 35 Monument Road, Clevedon, RD 2, Clevedon 2582
Decided 15 Oct 2025 · Published 15 Oct 2025 · Application 5256361
- Property damage
Party names are redacted in the official published order.
Order
- The Tribunal orders suppression of the tenant’s name and identifying details.
- Lumen Property Limited as agent for Developer TP Limited must pay [The tenant/s] $2,077.00 immediately, calculated as shown in table below:
- The landlord must carry out the following work to the premises, which must be completed by 17 October 2025: a. Reconnection of roof water to the water tank; and b. Replacement of water filter to roof/tank water.
Reasons
- Both parties attended the hearing on 1 October 2025.
- The tenant claims that the landlord did not provide potable water to the premises through the supply of clean tank water. The tenant wants the problem fixed. The property is on tank water supply.
- 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. Landlords must provide an adequate means for the collection and storage of water where there is no reticulated supply.
- 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 landlord had been supplying water through water trucks to the tank. The tenant prefers rainwater collected from the roof; the landlord has now acceded to the tenant’s request.
- The landlord emailed the Registry on 10 October 2025 that: With regards to portable water: Water tank has been cleaned, roof and gutter will be cleaned today (disconnection of the gutter and roof to water tank for the clean) reconnection later next week (have been advised the current tank is still full). Water filters will be changed next week (pending date). Tenants will continue to use rain water from collected clean roof and gutter as per request after work completion.
- I hereby make a work order, by consent, as set out in order 3.
Has the landlord failed to comply with their obligations?
- [The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
- Under section 45, a landlord must: a) provide and maintain the premises in a reasonable state of repair; b) comply with any relevant enactment in relation to buildings, health and safety; and c) provide an adequate means for the collection and storage of water.
- Having heard from the parties on 1 October, I find that the landlord has failed to provide potable water to the premises due to the state of the uncleaned roof and gutters, and dirty water in the tank.
- I award the tenant compensation of $100.00 for roof filter replacement costs incurred by the tenant in early January 2025 and $300.00 for 3 months’ purchase of bottled water.
- There was also an overflow from the septic tank at the start of the premises which bad odour permeated the grounds and caused loss of enjoyment of the premises. I award general damages to the tenant in the sum of $850.00. Has the landlord caused or permitted interference to the tenant’s peace, comfort and quiet enjoyment of the premises?
- [The tenant/s] claims the landlord’s contractors working on the front of the property have interfered with the reasonable peace, comfort, quiet enjoyment and privacy in their use of the premises by their parking outside the tenant’s kitchen and for 3 days, contractors blocked their driveway access.
- The tenant’s quiet enjoyment was also interrupted between 24 March to 29 March 2025 with the contractors’ trucks coming in and out of the adjacent lands.
- 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.
- While I do not consider that the landlord has harassed the tenant, I find the landlord’s contractors have interfered with the reasonable peace, comfort, quiet enjoyment and privacy in the tenant’s use of the premises.
- I award compensation of $650.00 as set out in the table above.
- The absence of actual knowledge by the landlord of their contractors causing the interference does not excuse the breach. It was for the landlord to ensure that their contractors and agents working at or near the premises do not cause interference with the reasonable peace, comfort or privacy of the tenant in their use of the premises.
- Under section 38 RTA, the definition of “premises” includes facilities such as any land or buildings intended for use for storage space or for the parking of motor vehicles, recreational areas, lawns, and gardens, and other facilities provided by the landlord for the non-exclusive use and enjoyment of the tenant, otherwise than as part of the premises that are the subject of the agreement.
Has the landlord breached their obligations in respect of the bond?
- [The tenant/s] claims the landlord has not lodged the bond with the Bond Centre within the required time.
- A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986.
- Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.
- The tenant says that confirmation of bond lodgment was only given by the Bond Centre on 16 April 2025 some 4 months after the bond was paid to the landlord on 18 December 2024.
- However, I prefer the landlord’s evidence that they have sent the bond monies to the Bond Centre on 6 January 2025, within the 23 working days from receipt of the bond from the tenant.
- The delay in the bond receipt by the Bond Centre was due to the changes in the bond agency’s information management system. The delay has been duly managed by the landlord’s property manager together with the Bond Centre at the material times. Breach by the landlord, if any, was merely technical and unintentional.
- I therefore dismiss the tenant’s claim for exemplary damages against the landlord made under section 19 RTA.
- Lastly, because [The applicant/s] has substantially succeeded with the claim, I have reimbursed the filing fee. I also order suppression of his name.