What was Tenancy Tribunal case 5261560 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5261560?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5261560?

The primary dispute was Mould & damp. Related themes: State of repair, Cleanliness, Healthy homes, Exemplary damages.

Where can I read the official tribunal order for case 5261560?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12278944-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5261560 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5261560?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5261560?

The primary dispute was Mould & damp. Related themes: State of repair, Cleanliness, Healthy homes, Exemplary damages.

Where can I read the official tribunal order for case 5261560?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12278944-Tribunal_Order_Redacted.pdf.

Unit/Flat 10, 272 The Terrace, Te Aro, Wellington 6011, Tenancy Tribunal Case 5261560 — Mould & damp

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants’ names and identifying details.
The term of the fixed-term tenancy of [The tenant/s] at Unit/Flat 10, 272 The Terrace, Te Aro, Wellington 6011, Bydder Apartments is reduced and now ends when the tenants give the landlord seven days notice of termination of the tenancy.
All other claims are dismissed.

Reasons

Both parties attended the second hearing. The landlord was represented by Mr Cook and Ms Charles.
At the first hearing on 26 June 2025 I amended the tenant’s application and adjourned so the landlord could have time to investigate the tenants’ claims the flat was mouldy and damp. The questions I have to decide include: • Have the tenants proved the flat is damp and mouldy? • Should I reduce the term of the fixed term tenancy? • Should I allow compensation and exemplary damages?

Have the tenants proved the flat is damp and mouldy?

In my order dated 26 June 2025 I amended the tenants’ application to allow a claim for the reduction of the fixed term tenancy because of damp and mould in the flat. A routine inspection was carried out on 30 June 2025. The landlord found no mould in the unit and the carpets were not damp to the touch. They submitted they inspected every flat in the building and none were mouldy or damp. I have been provided with photos of the flat taken at the inspection.
The tenants said they used janola, exit mould and a 30 seconds product on the carpets and the walls as required before the inspection, so there was no mould on 30 June. The tenants provided photos taken on 9 August 2025 showing floor to ceiling mould on one of the bedroom walls and on one of the walls in the lounge. The tenants also submitted that the flat is still damp and there is mould under the carpet in their sons’ bedroom.
This is the tenants’ claim to prove. It seems likely to me the new mould growth shown in the photos has happened because the flat is damp. The landlord was on notice after my order to check the flat for mould and damp, but only the property managers went to the flat. They did not have a builder check the flat and no moisture readings were done.
There was a discussion at the hearing about the fact the flat is in a concrete building and the tenants had to expect it will be colder and produce more condensation than other tenancy premises. On 3 July 2025 the landlord emailed the tenants and included this paragraph:
It seems most likely to me the tenants have been heating the flat, using the dehumidifier provided by the landlords, and airing the flat when reasonable. Despite this the flat is damp, condensation runs down the walls and there is more mould than is usual. The tenants have proved the flat is damp and mouldy.

Should I reduce the term of the fixed term tenancy?

Section 66 Residential Tenancies Act 1986 (RTA) allows for the reduction of fixed term tenancy agreements. The applicant needs to establish that: • there has been a change in their circumstances • the change was unforeseen • the unforeseen change will result in severe hardship to the applicant if the tenancy is not reduced • the severe hardship the applicant will suffer if the term is not reduced exceeds the hardship the other party will suffer if the term is reduced.
I find the mould and damp to be an unforeseen change in the tenants’ circumstances. I am not persuaded by the landlord’s submission that there was a failure by the tenants to anticipate the condensation when living in a concrete building. There is no way the tenants could have foreseen the damp and the excessive condensation when they moved into the flat during summer.
The weighing of relative hardship is a question of fact to be assessed objectively in each case. I find there has been severe hardship because the tenants have been unwell, they have been struggling to get the landlord to accept the flat is damp, and they are concerned about their young son living in the flat. The hardship for the landlord is that it will be difficult to find new tenants in winter, and the market is slow. They also submitted that the proper process for the Tribunal would be work orders rather than ending the tenancy.
The landlord had a month to arrange expert cleaning, carry out moisture testing, and have a builder inspect and provide a report for the hearing, but they chose not to take any of these steps. The tenants’ application is an appropriate response to their living conditions. I find the hardship for the tenants is greater than the hardship for the landlord. The fixed term tenancy is reduced.
Usually I would put the tenancy end date in the order. The tenants have to find a new tenancy and asked if they can give one weeks notice when they find somewhere to live. This seems reasonable to me because the tenants need this order before they can commit to another tenancy and do not know how long it will take to find somewhere that suits their needs and budget.
Section 66(2) provides that, if the Tribunal reduces the term of the tenancy, it may order the applicant to pay reasonable compensation to the other party for any loss or damage which results from the reduction of the term. I do not find there is any reason to order compensation for the landlord in these circumstances.

Should I allow compensation and exemplary damages?

The tenants have claimed that the landlord has breached their obligations under section 45 of the RTA, which provides that the landlord must maintain the premises in a reasonable state of repair.
When the application was first filed there were concerns about the dishwasher, the rubbish outside, and a repair to the bathroom. The order made on 26 June 2025 dismissed those claims. The claims for breach of quiet enjoyment because of those issues was also dismissed. No order is made for compensation or exemplary damages. Other orders
The tenants are the most successful party so there is an order for reimbursement of the filing fee.
The tenant’s application for suppression is allowed because they are the most successful party. The landlord’s name will be published because there is public interest when tenancy premises are mouldy and damp. See section 95A RTA.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants’ names and identifying details.
The term of the fixed-term tenancy of [The tenant/s] at Unit/Flat 10, 272 The Terrace, Te Aro, Wellington 6011, Bydder Apartments is reduced and now ends when the tenants give the landlord seven days notice of termination of the tenancy.
All other claims are dismissed.

Reasons

Both parties attended the second hearing. The landlord was represented by Mr Cook and Ms Charles.
At the first hearing on 26 June 2025 I amended the tenant’s application and adjourned so the landlord could have time to investigate the tenants’ claims the flat was mouldy and damp. The questions I have to decide include: • Have the tenants proved the flat is damp and mouldy? • Should I reduce the term of the fixed term tenancy? • Should I allow compensation and exemplary damages?

Have the tenants proved the flat is damp and mouldy?

In my order dated 26 June 2025 I amended the tenants’ application to allow a claim for the reduction of the fixed term tenancy because of damp and mould in the flat. A routine inspection was carried out on 30 June 2025. The landlord found no mould in the unit and the carpets were not damp to the touch. They submitted they inspected every flat in the building and none were mouldy or damp. I have been provided with photos of the flat taken at the inspection.
The tenants said they used janola, exit mould and a 30 seconds product on the carpets and the walls as required before the inspection, so there was no mould on 30 June. The tenants provided photos taken on 9 August 2025 showing floor to ceiling mould on one of the bedroom walls and on one of the walls in the lounge. The tenants also submitted that the flat is still damp and there is mould under the carpet in their sons’ bedroom.
This is the tenants’ claim to prove. It seems likely to me the new mould growth shown in the photos has happened because the flat is damp. The landlord was on notice after my order to check the flat for mould and damp, but only the property managers went to the flat. They did not have a builder check the flat and no moisture readings were done.
There was a discussion at the hearing about the fact the flat is in a concrete building and the tenants had to expect it will be colder and produce more condensation than other tenancy premises. On 3 July 2025 the landlord emailed the tenants and included this paragraph:
It seems most likely to me the tenants have been heating the flat, using the dehumidifier provided by the landlords, and airing the flat when reasonable. Despite this the flat is damp, condensation runs down the walls and there is more mould than is usual. The tenants have proved the flat is damp and mouldy.

Should I reduce the term of the fixed term tenancy?

Section 66 Residential Tenancies Act 1986 (RTA) allows for the reduction of fixed term tenancy agreements. The applicant needs to establish that: • there has been a change in their circumstances • the change was unforeseen • the unforeseen change will result in severe hardship to the applicant if the tenancy is not reduced • the severe hardship the applicant will suffer if the term is not reduced exceeds the hardship the other party will suffer if the term is reduced.
I find the mould and damp to be an unforeseen change in the tenants’ circumstances. I am not persuaded by the landlord’s submission that there was a failure by the tenants to anticipate the condensation when living in a concrete building. There is no way the tenants could have foreseen the damp and the excessive condensation when they moved into the flat during summer.
The weighing of relative hardship is a question of fact to be assessed objectively in each case. I find there has been severe hardship because the tenants have been unwell, they have been struggling to get the landlord to accept the flat is damp, and they are concerned about their young son living in the flat. The hardship for the landlord is that it will be difficult to find new tenants in winter, and the market is slow. They also submitted that the proper process for the Tribunal would be work orders rather than ending the tenancy.
The landlord had a month to arrange expert cleaning, carry out moisture testing, and have a builder inspect and provide a report for the hearing, but they chose not to take any of these steps. The tenants’ application is an appropriate response to their living conditions. I find the hardship for the tenants is greater than the hardship for the landlord. The fixed term tenancy is reduced.
Usually I would put the tenancy end date in the order. The tenants have to find a new tenancy and asked if they can give one weeks notice when they find somewhere to live. This seems reasonable to me because the tenants need this order before they can commit to another tenancy and do not know how long it will take to find somewhere that suits their needs and budget.
Section 66(2) provides that, if the Tribunal reduces the term of the tenancy, it may order the applicant to pay reasonable compensation to the other party for any loss or damage which results from the reduction of the term. I do not find there is any reason to order compensation for the landlord in these circumstances.

Should I allow compensation and exemplary damages?

The tenants have claimed that the landlord has breached their obligations under section 45 of the RTA, which provides that the landlord must maintain the premises in a reasonable state of repair.
When the application was first filed there were concerns about the dishwasher, the rubbish outside, and a repair to the bathroom. The order made on 26 June 2025 dismissed those claims. The claims for breach of quiet enjoyment because of those issues was also dismissed. No order is made for compensation or exemplary damages. Other orders
The tenants are the most successful party so there is an order for reimbursement of the filing fee.
The tenant’s application for suppression is allowed because they are the most successful party. The landlord’s name will be published because there is public interest when tenancy premises are mouldy and damp. See section 95A RTA.

Tenancy Tribunal case 5261560 — Mould & damp at Unit/Flat 10, 272 The Terrace, Te Aro, Wellington 6011,

At a glance

Tenancy Tribunal case 5261560 — Mould & damp at Unit/Flat 10, 272 The Terrace, Te Aro, Wellington 6011,

At a glance

Claims & awards

Order

Reasons

Have the tenants proved the flat is damp and mouldy?

Should I reduce the term of the fixed term tenancy?

Should I allow compensation and exemplary damages?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Have the tenants proved the flat is damp and mouldy?

Should I reduce the term of the fixed term tenancy?

Should I allow compensation and exemplary damages?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions