Published tribunal order
Tenancy Tribunal case 5382322 — Mould & damp at 52 Anderson Avenue, Point England, Auckland 1072
Decided 18 Dec 2025 · Published 18 Dec 2025 · Application 5382322
- Mould & damp
- Smoke alarms
- Healthy homes
- Exemplary damages
- Water Rates
Order
- [The tenant/s] must pay Barfoot & Thompson Limited Mt Roskill as Agent for Shazad Ibnul $285.17 immediately, being water charges of $257.17 and the filing fee.
- The tenant must carry out the following work to the premises, which must be completed by Friday 23 January 2026: a. Repair the broken windows in the kitchen and bedroom. b. Repair the dent in the door of bedroom 2. c. Clean the living room curtains. d. Reinstate the back lawn.
- If the tenant fails to comply with order 2 above, the landlord may request a further hearing to consider making an alternative money order, authorise the landlord to undertake the work and charge the tenant for the cost, or for any other remedy to which the landlord may be entitled.
- The landlord may enter the property for the purpose of installing smoke alarms and/or to inspect the premises, on 24 hours’ written notice given to the tenant, which notice may be given by email to the email address given by the tenant as an address for service in the tenancy agreement.
Reasons
- The landlord attended the hearing today.
- The landlord applied for water charges, access to the premises for inspections and for compliance with the Healthy Homes Standards, and work orders. The application in respect of a pet dog was not pursued at the hearing.
- The landlord provided water invoices which prove the amount currently owing for water.
- There is damage to the premises, as shown in the landlord’s photographs taken on 15 October 2025. There are two broken windows, damage to a bedroom door, the curtains are mouldy, and the back lawn has been damaged by the tenant and/or his dog. I have made a work order for the tenant to carry out repairs/reinstatement.
- The landlord explained that, since the tenancy started on 21 June 2025, they have been trying to gain access to install smoke alarms. The landlord has a right to enter premises for the purpose of complying with the requirements for smoke alarms and in respect of the Healthy Homes Standards. The landlord may also enter premises for the purpose of inspection. If the tenant fails to allow the landlord to enter, exemplary damages may be awarded.
- If the tenant does not allow access after notice is given, the landlord may have grounds to apply for termination of the tenancy for breach, in accordance with section 56 of the Residential Tenancies Act 1986. Filing Fee
- The landlord’s application has been successful. I award the filing fee.