Published tribunal order
Tenancy Tribunal case 5344166 — Tenancy dispute at Unit 3, 265 St Johns Road, Saint Johns, Auckland 1072
Decided 18 Feb 2026 · Published 18 Feb 2026 · Application 5344166
- Exemplary damages
- Leaks
- Mould & damp
- Property damage
- State of repair
Party names are redacted in the official published order.
Order
- The tenants’ names and identifying details must not be published.
- Street Smart Property Management Limited as agent for R & Q must pay [the tenants] $1,338.71 immediately, calculated as shown in table below.
- The Bond Centre is to return the bond to the tenants.
Reasons
- The hearing was conducted by video on Microsoft Teams. 1
- Mr [tenants’ surname] attended the hearing for the tenants.
- Terry Lee, the property manager, attended the hearing for the landlord.
- The tenants seek compensation for maintenance problems they suffered during the tenancy.
- The landlord seeks compensation for rubbish removal costs. Background
- The tenancy began on 8 October 2022 and ended on 13 February 2026.
- On about 11 April 2024, the tenants reported damage to a bedroom wall. When contractors removed the wall panels they found the wall cavity was damp and mouldy. The landlord’s contractors repaired the wall by replacing rotting framing and linings by about 6 May 2024.
- On about 14 August 2025, the unit above the tenants’ unit’s washing machine flooded into the tenants’ unit. When the landlord’s contractor’s inspected the ceiling, they discovered a slow leak into the bathroom/hall wall. They removed the wall linings revealing mould and damp in the framing and wall panels. The landlord’s contractors repaired the wall by 29 September 2025. During the final week of the repair, the tenants could not use the shower because of the extent of the work required. Maintenance problems
- The tenants seek compensation for the maintenance problems that emerged in April 2024 and August 2025. Legal principles
- Under s 45(1)(b) of the Residential Tenancies Act 1969 (RTA), landlords must maintain the premises in a reasonable state of repair. That provision provides: 1 The hearing was originally scheduled for a face-to-face hearing at Auckland District Court. The tenants applied for an adjournment, which was sent to the Tribunal on 16 February 2026. I declined the adjournment, but directed the mode of hearing be converted to a video hearing. 45 Landlord’s responsibilities (1) The landlord shall— (a) ... (b) provide and maintain the premises in a reasonable state of repair having regard to the age and character of the premises and the period during which the premises are likely to remain habitable and available for residential purposes...
- Landlords are liable for defects that they have knowledge of. They must repair defects within a reasonable time once they acquire such knowledge. As the author of Residential Tenancy Law in New Zealand explains: 2 The landlord’s obligation of repair is not absolute. A landlord does not have to foresee a latent and unobservable defect before it causes damage... A landlord therefore must repair within a reasonable time after knowledge of the need for repair: 3 “...the obligation of the landlord, under s 45, is to investigate and repair a defect brought to its attention within a timeframe which is reasonable in the circumstances and as to what that time is, I think, depends not only on the gravity of the problem but also on the objective evidence of the attempts made by the landlord to investigate, and put right, whatever the problem might be...”
- Tenants have a duty to notify the landlord, as soon as possible after discovery, of any damage to the premises, or of the need for any repair. 4 However, landlords also have an obligation to repair things that are apparent from observation. 5 Discussion and compensation
- The landlord addressed the 2024 event within about four weeks and the 2025 event within about seven weeks. The repairs required investigation and significant work. The latter repairs were delayed by miscommunication around entering the premises.
- The repairs were carried out within a reasonable time in the circumstances. That being so, the landlord did not breach its repair duties and exemplary damages are not available. However, the tenants did suffer a loss of amenity during the time that the repairs were outstanding and conducted.
- I assess the tenants’ loss of amenity for the 2024 event at 25 per cent of the rent for the period 11 April to 8 May 2024. For the 2025 event I assess their loss of amenity at 2 Stewart Benson Residential Tenancy Law in New Zealand (2018) Thomson Reuters at 6.18. 3 Collins v Professionals Hutt City Ltd DC Wellington CIV 2009-085-1431, 24 February 2010 at [15]. 4 RTA, s 40(1)(d). 5 See n 1. 25 per cent for the period 14 August to 22 September 2025; and 50 per cent for the period 23 to 29 September 2025, during which the tenants could not use the shower.
- The Tribunal orders a total of $1,610.71 compensation. Rubbish removal
- The tenant and Mr Lee agreed that the tenants will pay the landlord $300.00 for the cost of removing some rubbish that the tenants left behind. Filing fee and bond
- The landlord must reimburse the tenants for the filing fee because the tenants have substantially succeeded in their claim.
- The Tribunal directs the Bond Centre to release the bond to the tenants. Non-publication
- The tenants seek and order for non-publication.
- The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 6
- The tenants substantially succeed in the proceedings. I do not consider that publication is otherwise in the public interest or justified by the tenants’ conduct or any other circumstances. The Tribunal orders non-publication.