What was Tenancy Tribunal case 5344423 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 5344423?

Property Damage: $2,400.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5344423?

The primary dispute was State of repair.

Where can I read the official tribunal order for case 5344423?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12501736-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5344423 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 5344423?

Property Damage: $2,400.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5344423?

The primary dispute was State of repair.

Where can I read the official tribunal order for case 5344423?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12501736-Tribunal_Order_Redacted.pdf.

12 Goldie Street, St Heliers, Auckland 1071 Tenancy Tribunal Case 5344423 — State of repair

Claims and awards in Tenancy Tribunal application 5344423 — net $2,428.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages: Failure to maintain	$2,400.00	Failure to maintain
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,428.00
Total payable by Landlord to Tenant	$2,428.00

Claims and awards in Tenancy Tribunal application 5344423 — net $2,428.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages: Failure to maintain	$2,400.00	Failure to maintain
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,428.00
Total payable by Landlord to Tenant	$2,428.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
By consent the landlord must carry out the following work to the premises, which must be completed by 31 October 2025: a. Repair the wall damage caused by the roof leaks; b. Assess and repair the louvre windows to comply with the Healthy Homes draught stopping standard; and c. Carry out maintenance to the heat pump.
8-14 Goldie Street Limited must pay [The tenant/s] $2,428.00 immediately.
The landlord’s claims are dismissed.

Reasons

Both parties attended the hearing. Tenant application
The tenant applied for a declaration that a notice to terminate was retaliatory, a work order and exemplary damages in relation to a failure to maintain.
The application for the declaration that a notice to terminate was retaliatory was dealt with at a remote hearing on 29 May 2025. The Tribunal declared that the notice was retaliatory in the order dated 29 May 2025.
The remaining claims were set down for hearing on 2 October 2025.
The tenant claims that the landlord did not repair the damaged wall from the roof leak, repair the louvre windows which are draughty and maintain the heat pump. The tenant wants the problem fixed.
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.
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.
If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order. This provision does not apply to any work order, or part of a work order, in relation to smoke alarms, insulation, a failure to comply with a standard of fitness under section 120C Health Act 1956, or a failure to comply with any health or safety legislative requirement. See sections 78(2) and 78(2AA) Residential Tenancies Act 1986.
A work order may also authorise the tenant to undertake the work and charge the landlord the costs of doing the work, if the landlord should fail to comply with the work order and alternative monetary order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be set off by the tenant against rent payable. See sections 78(2AAB) and 78(2AAC)(b) Residential Tenancies Act 1986.

Has the landlord failed to comply with their obligations?

On 6 March 2025 the tenant served a 14-day notice on the landlord in respect of maintenance issues. Only a couple of the issues were addressed. Some of the issues are cosmetic. I consider the main issues to be the interior damage caused by roof leaks, the draught from the louvre windows and the maintenance of the heat pump.
At the hearing the landlord agreed to undertake the work directed. That work is to be completed by 31 October 2025. Exemplary damages
[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 provide and maintain the premises in a reasonable state of repair.
Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
The landlord has failed to maintain the premises particularly in relation to the damage caused by the leak, the window gaps and maintenance of the heat pump. I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
On 6 March 2025 the tenant served a 14-day notice on the landlord in relation to maintenance issues. Accompanying the notice was a list of issues. Most of the issues were not addressed by the landlord within the 14-day notice period.
The tenant produced photographs of the damage caused by the leak. One of the wardrobes had peeling wallpaper and the wall board appeared to be wet and had some mould growth. The landlord had contracted someone to dry the carpet and provided a dehumidifier but did not repair the walls.
In relation to the louvre windows the tenant produced photographs that appear to show that some of the louvres do not close. The tenant also said that some do not open. The landlord said that a contractor had looked at the louvre windows but was unable to provide any evidence to support that.
The effect of the tenant living with the damaged walls is that the premises are likely to be damp and the mould may have caused health issues. The louvre windows would have caused draughts especially during winter months.
The landlord intentionally committed the unlawful act of failing to maintain. That failure had a negative impact on the tenant. It is in the public interest that landlords maintain premises regardless of whether the plan is to sell it for development. A landlord cannot avoid maintenance obligations because a property is for sale.
After considering the intent, the effect on the tenant, the interests of the tenant, the public interest and whether it is just to make an award, the Tribunal orders exemplary damages of $2,400.00. Landlord application
The landlord applied for termination and rent arrears.
The application for termination was made on the basis that the rent was at least 21 days in arrear on the date the application was filed 1 and that a 14-day notice was served on the tenant.
The application was filed on 17 September 2025 and according to the rent summary $3,375.00 was outstanding on that date.
The landlord had served the tenant with a 14-day notice on several dates in September, but the notice dated 15 September 2025 states that the tenant’s rent was behind by $5,750.00. According to the rent summary produced by the landlord the rent arrears on that date was $4,000.00.
The tenant made a payment of $1,750.00 on 15 September 2025 and on 30 September 2025 a further payment of $5,750.00. At the date of hearing the tenant was $500.00 in credit for rent payments.
For termination applications based on rent arrears the Tribunal must be satisfied that the ground for termination exists at the date of hearing. As the rent is no longer in arrears the application for termination and rent arrears is dismissed.
Because [The respondent/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The tenant also sought an order for name suppression and is entitled to an order as the successful party 2 .

Tenancy Tribunal case 5344423 — State of repair at 12 Goldie Street, St Heliers, Auckland 1071

At a glance

Tenancy Tribunal case 5344423 — State of repair at 12 Goldie Street, St Heliers, Auckland 1071

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions