What was Tenancy Tribunal case 5328059 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 5328059?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5328059?

The primary dispute was 14-day notice. Related themes: State of repair, Healthy homes, Mould & damp.

Where can I read the official tribunal order for case 5328059?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13156428-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5328059 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 5328059?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5328059?

The primary dispute was 14-day notice. Related themes: State of repair, Healthy homes, Mould & damp.

Where can I read the official tribunal order for case 5328059?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13156428-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5328059 — 14-day notice

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and the address of the tenancy.
The landlord must carry out the following work to the premises, which must be completed by 5.00pm Thursday 5 March 2026: a. Ensure the bathroom extractor fan is working and meets Healthy Homes Standards.
As an alternative to compliance with Order 2, the landlord must pay the tenant $1.17 per day from Friday 6 March 2026 until the bathroom extractor fan is fixed. The tenant can notify the landlord that any sum due under this order can be offset against rent payable. If the tenant wants the costs to be applied as a rent reduction they must notify the landlord in writing.
The remainder of the tenant’s application is dismissed.

Reasons

The hearing was scheduled as an in-person hearing. 280592
The tenant did not attend the hearing at the scheduled time, request an adjournment, or notify the Tribunal the matter has settled. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986 (RTA).
Mrs Thompson-Wise, representing the landlord attended the hearing.
I am satisfied that the hearing notice was properly served on the parties.
As the applicant in the proceedings the tenant is required to establish her claim on the balance of probabilities. That means she must prove that what she is claiming is more likely than not.
Where an applicant is absent the Tribunal may hear and determine, or dismiss or adjourn a claim 1 .
The tenant claims the landlord has breached the Healthy Homes Standards and that the premises in not in a reasonable state of repair as: •The carpets feel wet and damp, and there is a subfloor trench under the property; •The bathroom extractor fan is not working; •The roof is collapsing. As a result the tenant says her family, including her children have had infections/issues since they moved into the premises.
The landlord admits part of the tenant’s claim, in that it accepts that the extractor fan in the bathroom was not working from the start of the tenancy. In making this admission the landlord accepts liability for compensation for this failure calculated at 5% of the weekly rent for period the tenant was affected. The landlord has come to this amount after considering all aspects of ventilation and insulation available in the property.
I consider the calculation of 5% of the weekly rent is reasonable compensation for the failure. In terms of the period of time compensation has been awarded, the landlord accepts the fan was not working from the start of the tenancy despite receiving a Healthy Homes Assessment report completed before the tenancy started that showed that it was working to the standard required. The landlord contacted the tenant on 26 August to arrange for the fan to be fixed. The tenant advised that she did not want any work done on the property as she wanted the Tribunal to resolve her issues 2 .
Where a party to a tenancy agreement breaches any of their obligations under the RTA or the tenancy agreement, the other party must take all reasonable steps to mitigate, or reduce, the damage or loss that arises from the breach 3 . 1 See section 92 RTA 2 The tenant filed had filed her application by this time; the application was filed on 19 August 2025. 3 See section 49, RTA 280593 That means that the tenant should have agreed to the landlord coming to fix the extractor fan.
I would expect the fan to be fixed within a week of the landlord contacting the tenant to arrange for the repair to be done. Therefore I have awarded compensation based on the admission of the landlord, at 5% of the weekly rent (then $194.00, being $9.70 a week) until 2 September 2025 ($491.93).
The landlord also accepts that a work order should be made requiring the fan to be in working order within 14 days after the date this order is issued. I am satisfied that is a reasonable timeframe to arrange the required work to be completed.
However I bring to the tenant’s attention that in the Tribunal making a work order for the bathroom extractor fan, the tenant must allow the landlord to enter the premises to do the required work. The landlord will need to give the tenant at least 24 hours’ notice of their intended entry to carry out the work 4 , unless the tenant agrees to entry with less than notice.
Failure by the tenant, without reasonable excuse, to allow the landlord entry as permitted under the RTA is an unlawful act 5 .
I have made an alternative order for compensation in the event that the landlord does not comply with the work order as set out in the order section above. The daily rate ordered reflects that current rent is $164.00 a week. The remainder of the tenant’s claim
As the tenant has failed to attend and prosecute and prove the remainder of her claim, the remainder of the tenant’s application is dismissed. Other Matters
Filing Fee: The filing fee is not reimbursed. While the tenant has partly succeeded in her claim, her success has resulted from the landlord’s admission of liability.
Suppression: The Tribunal on its own initiative, having regard to the interest of the parties and the public interest, can order that particulars of any identifying particulars, witness or parties not be published (section 95A, RTA). I am satisfied that it is not in the interests of the parties or the public interest to publish the tenant’s name or the address of the tenancy. 4 See section 48(cb) RTA 5 See section 48(4)(b) RTA 280594

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and the address of the tenancy.
The landlord must carry out the following work to the premises, which must be completed by 5.00pm Thursday 5 March 2026: a. Ensure the bathroom extractor fan is working and meets Healthy Homes Standards.
As an alternative to compliance with Order 2, the landlord must pay the tenant $1.17 per day from Friday 6 March 2026 until the bathroom extractor fan is fixed. The tenant can notify the landlord that any sum due under this order can be offset against rent payable. If the tenant wants the costs to be applied as a rent reduction they must notify the landlord in writing.
The remainder of the tenant’s application is dismissed.

Reasons

The hearing was scheduled as an in-person hearing. 280592
The tenant did not attend the hearing at the scheduled time, request an adjournment, or notify the Tribunal the matter has settled. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986 (RTA).
Mrs Thompson-Wise, representing the landlord attended the hearing.
I am satisfied that the hearing notice was properly served on the parties.
As the applicant in the proceedings the tenant is required to establish her claim on the balance of probabilities. That means she must prove that what she is claiming is more likely than not.
Where an applicant is absent the Tribunal may hear and determine, or dismiss or adjourn a claim 1 .
The tenant claims the landlord has breached the Healthy Homes Standards and that the premises in not in a reasonable state of repair as: •The carpets feel wet and damp, and there is a subfloor trench under the property; •The bathroom extractor fan is not working; •The roof is collapsing. As a result the tenant says her family, including her children have had infections/issues since they moved into the premises.
The landlord admits part of the tenant’s claim, in that it accepts that the extractor fan in the bathroom was not working from the start of the tenancy. In making this admission the landlord accepts liability for compensation for this failure calculated at 5% of the weekly rent for period the tenant was affected. The landlord has come to this amount after considering all aspects of ventilation and insulation available in the property.
I consider the calculation of 5% of the weekly rent is reasonable compensation for the failure. In terms of the period of time compensation has been awarded, the landlord accepts the fan was not working from the start of the tenancy despite receiving a Healthy Homes Assessment report completed before the tenancy started that showed that it was working to the standard required. The landlord contacted the tenant on 26 August to arrange for the fan to be fixed. The tenant advised that she did not want any work done on the property as she wanted the Tribunal to resolve her issues 2 .
Where a party to a tenancy agreement breaches any of their obligations under the RTA or the tenancy agreement, the other party must take all reasonable steps to mitigate, or reduce, the damage or loss that arises from the breach 3 . 1 See section 92 RTA 2 The tenant filed had filed her application by this time; the application was filed on 19 August 2025. 3 See section 49, RTA 280593 That means that the tenant should have agreed to the landlord coming to fix the extractor fan.
I would expect the fan to be fixed within a week of the landlord contacting the tenant to arrange for the repair to be done. Therefore I have awarded compensation based on the admission of the landlord, at 5% of the weekly rent (then $194.00, being $9.70 a week) until 2 September 2025 ($491.93).
The landlord also accepts that a work order should be made requiring the fan to be in working order within 14 days after the date this order is issued. I am satisfied that is a reasonable timeframe to arrange the required work to be completed.
However I bring to the tenant’s attention that in the Tribunal making a work order for the bathroom extractor fan, the tenant must allow the landlord to enter the premises to do the required work. The landlord will need to give the tenant at least 24 hours’ notice of their intended entry to carry out the work 4 , unless the tenant agrees to entry with less than notice.
Failure by the tenant, without reasonable excuse, to allow the landlord entry as permitted under the RTA is an unlawful act 5 .
I have made an alternative order for compensation in the event that the landlord does not comply with the work order as set out in the order section above. The daily rate ordered reflects that current rent is $164.00 a week. The remainder of the tenant’s claim
As the tenant has failed to attend and prosecute and prove the remainder of her claim, the remainder of the tenant’s application is dismissed. Other Matters
Filing Fee: The filing fee is not reimbursed. While the tenant has partly succeeded in her claim, her success has resulted from the landlord’s admission of liability.
Suppression: The Tribunal on its own initiative, having regard to the interest of the parties and the public interest, can order that particulars of any identifying particulars, witness or parties not be published (section 95A, RTA). I am satisfied that it is not in the interests of the parties or the public interest to publish the tenant’s name or the address of the tenancy. 4 See section 48(cb) RTA 5 See section 48(4)(b) RTA 280594

Tenancy Tribunal case 5328059 — 14-day notice

At a glance

Claims & awards

Tenancy Tribunal case 5328059 — 14-day notice

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions