What was Tenancy Tribunal case 5353142 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 5353142?

Consent Order Award: $2,600.00 awarded to landlord

What type of tenancy dispute was case 5353142?

The dispute type was not classified.

Where can I read the official tribunal order for case 5353142?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12713142-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5353142 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 5353142?

Consent Order Award: $2,600.00 awarded to landlord

What type of tenancy dispute was case 5353142?

The dispute type was not classified.

Where can I read the official tribunal order for case 5353142?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12713142-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 2, 72 Homebush Road, Khandallah, Tenancy Tribunal Case 5353142 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 5353142 — net $133.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Consent order award	$2,600.00	Consent order award
Net award	$133.00
Bond	$2,600.00
Total payable by Tenant to Landlord	$133.00

Claims and awards in Tenancy Tribunal application 5353142 — net $133.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Consent order award	$2,600.00	Consent order award
Net award	$133.00
Bond	$2,600.00
Total payable by Tenant to Landlord	$133.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants’ names and identifying details.
[The tenant/s] to pay Comprende Limited On Behalf Of Kelly Begg $133.00 from the bond, which is $161.00 by consent for carpet cleaning, less the filing fee of $27.00.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) immediately apportioned as follows: Comprende Limited On Behalf Of Kelly Begg: $133.00 [The tenant/s]: $2,467.00
The term of the fixed-term tenancy of [The tenant/s] at Unit/Flat Flat 2, 72 Homebush Road, Khandallah, Wellington 6035 is reduced and their responsibility for paying rent and the rent subsidy ended on Thursday 30 October 2025.
All other claims are dismissed.

Reasons

Both parties attended the hearing.
The tenants moved out of their rental part way through the fixed term tenancy. When the tenants filed their application they asked to be released from the fixed term. Since then they have worked with the landlord to find new tenants and have paid all their rent and the break lease fee. In order to find new tenants the landlord dropped the rent and the tenants also agreed to subsidise the new rent by $30 a week. They have agreed to pay this until June 2026. At the hearing the tenants clarified that they want the Tribunal to make an order that they can stop paying the subsidy. The landlord has applied for the compensation for cleaning to be paid out of the bond. The questions I have to decide include: • Should I reduce the fixed term and end the subsidy? • Should the landlord get compensation for cleaning?

Should I reduce the fixed term and end the subsidy?

The tenants applied for the reduction of the fixed-term tenancy due to end in June 2026. I can only address the subsidy if there are grounds to reduce the fixed term. The Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and b. there would be severe hardship to the applicant if the term is not reduced; and c. the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986 (RTA).
The tenants moved into the house in June 2024. They did not have problems with mould. They extended the fixed term for another year. The tenants had a baby and their problems with the house started after they made a conscious effort to keep the house at around 18 degrees. They ran the heat pump constantly and bought a panel heater for the baby’s room. About a month later they noticed an excessive amount of mould growing in the house. The mould grew on walls and ceilings and doors. The baby’s room was especially bad. The tenant’s said mould grew on their furniture, on the baby’s cot and mattress, and on clothes in the wardrobes. I have seen photos and accept there was more mould than usual for a house in Wellington. Mould even grew above the door frames in the hallway.
The tenants asked the landlord for help in and were told to ventilate and clean all the mould as it developed. The tenants bought a fan, a window vac, and a dehumidifier in an effort to keep on top of the mould. The tenants said they ventilated, dried all the windows every day, and very occasionally had some washing inside. They used the extractor fans and they kept the house heated. They used recommended chemical cleaners on the mould. Despite all of this the mould continued to grow and spread in the house.
In September the landlord arranged for a building inspector to check the house. The roof was also checked. The moisture levels were normal and no leaks were found. The mould was not linked to water ingress. The inspector did note there were elevated levels of humidity inside the house that would have contributed to condensation and, consequently, mould. He found this was because the house was in a valley, it was shaded, the cooler air in winter increased the risk of condensation, and there was limited air movement in enclosed spaces, such as cupboards, behind furniture and above doors.
The inspector’s recommendations were to open windows and doors during warmer and drier weather, cross ventilate, keep internal doors open, utilise extractors, “avoid drying clothes indoors where possible”, and lifestyle adjustments. He also recommended the extractor fans and insulation be checked to confirm full compliance with the Healthy Homes Standards, but the tenants were not sure if this was done.
Overall, the report is helpful because it confirms there was no water ingress, but that excessive condensation allowed the mould to grow. It seems most likely the excessive condensation was because of the tenants’ efforts to keep the house warmer. I accept the tenants’ submission that once mould is established and has attached to the gib board then it will always grow back. They said there was some existing mould in the house when they moved in, but this was not reported to the landlord at the time. The ingoing photos show one of the curtains had mould on the lining at the start of the tenancy.
Deciding if there was an unforeseen change in the tenants’ circumstances has been hard, because there are many houses in Wellington that are shaded, in valleys, and have condensation and mould over winter. But I think the difference here is that these tenants lived in the house for a whole year and did not have these problems. The excessive condensation and consequent mould only happened after they had the baby at home, and they were doing their best to keep the house heated to 18 degrees. Their evidence they did everything they could to manage the condensation and the mould is credible because they had a new baby and new baby gear to protect. By the slimmest of margins I find the excessive condensation and mould to be an unforeseen change in the tenants circumstances.
There was severe hardship for the tenants over the months as they cleaned the mould, decided to end the fixed term tenancy, moved out with a baby, paid double rent for about a month, and threw out many of their belongings. I acknowledge there has been hardship for the landlord and the owner as well because they have reduced the rent and found new tenants. Taken together I find the tenants’ hardship has been greater than the landlord’s hardship. This means I have grounds to reduce the term of the tenancy.
The tenants have moved out and paid the break lease fee. There will be loss for the landlord because of the decreased rent for 12 months after the start of the new tenancy. However, I find the ongoing subsidy of $30 a week, on top of everything the tenants have had to pay, and the belongings they will have to replace, to be unfair. I reduce the tenants’ liability to 30 October 2025, which means they are not required to pay any subsidy. The landlord will need to reimburse any $30 payments which have been made.

Should the landlord get compensation for cleaning?

The tenants were required to leave the premises reasonably clean and tidy at the end of the tenancy. See section 40(1)(e)(ii)-(v) RTA.
The tenants agreed to the claim for carpet cleaning. The amount claimed is reasonable.
There is a claim for cleaning mould off the curtains. This is the landlord’s claim to prove. She provided me with good photos and I can see there is a lot of mould on the linings. The tenants said they did their best, but the curtains were mouldy because of the problems in the house, plus one curtain had mould on the lining when they moved in. I find that cleaning the mould off the curtains in this house, which is shaded, in a valley, and prone to condensation, is a landlord maintenance job between tenancies. The claim for the curtains is dismissed. Other orders
Because the tenants have substantially succeeded with the claim I have reimbursed the filing fee and used my discretion to allow suppression. The landlord’s application for suppression is not allowed because there is public interest in the management of rental houses with mould. See section 95A RTA.

Tenancy Tribunal case 5353142 — Tenancy dispute at Unit/Flat Flat 2, 72 Homebush Road, Khandallah,

At a glance

Tenancy Tribunal case 5353142 — Tenancy dispute at Unit/Flat Flat 2, 72 Homebush Road, Khandallah,

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Should I reduce the fixed term and end the subsidy?

Should the landlord get compensation for cleaning?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Should I reduce the fixed term and end the subsidy?

Should the landlord get compensation for cleaning?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions