Tenantcheck Insights · Case study
Tenancy Tribunal case 5390004 — Property damage at Unit/Flat Flat 5, 40 Station Road, Takanini, Takanini 2112
Decided 20 Apr 2026 · Published 20 Apr 2026 · Application 5390004
- Property damage
- Mould & damp
- Leaks
At a glance
Key facts from the published tribunal order.
Location
Takanini
Tribunal region
Adjudicator
J Tam
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $6,512.00
- Total balance for Landlord to pay Tenant
- $4,188.00
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 7 July 2025 | $1,162.00 | Rent arrears to 7 July 2025 | |
| Compensation: bathtub – 16 weeks delay in repairs | $1,600.00 | bathtub – 16 weeks delay in repairs | |
| Compensation: rubbish left behind the bathtub by landlord’s contractors | $300.00 | rubbish left behind the bathtub by landlord’s contractors | |
| Compensation: due to damp carpet that was not addressed for 8 weeks | $800.00 |
Order
Kāinga Ora–Homes And Communities must pay [The tenant/s] tenant/s] $4,188.00 immediately, calculated as shown in table below:
Reasons
- Both parties attended the hearing.
- The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
- The tenant seeks compensation against the landlord due to various items in the premises being unrepaired or unattended to without a reasonable timeframe after being notified to the landlord. The tenant contends that repairs and maintenance are required to be carried out by the landlord on the premises but the landlord’s contractors have not properly diagnosed the problems faced nor properly attended to them.
- I firstly set out the relevant legal principles that I must address when dealing with complaints raised by the tenant regarding maintenance.
- Under section 45 Residential Tenancies Act 1986 (‘RTA’), a landlord must provide and maintain the premises in a reasonable state of repair.
- A landlord must maintain the premises in a reasonable state of repair having regard to the age and character of the premises and to comply with all requirements in respect of buildings, health, and safety under any enactment so far as they applied to the premises.
- A landlord must also comply with the minimum standards of housing as set out in the Housing Improvement Regulations 1947. Section 15 of the Regulations provides that every house shall be free from dampness.
- A tenant has a corresponding duty to notify the landlord, as soon as possible after discovery of any damage to the premises, or of the need for any repairs (see section 40(1)(d) RTA).
- The landlord’s obligation is therefore to repair within a reasonable time after knowledge of the need for repair, either from observing the property or notice from the tenant: “... the obligation of the landlord, under section 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 may be.” (Collins v Professionals Hutt City Ltd DC Wellington, CIV- 2009-085-001431, 24 February 2010; see also Merwald Real Estate v Lanauze DC Auckland, MA151-89, 2 May 1989).
- Here the tenant has set out a timeline of when the tenant has notified the landlord, including during property inspections and walk-throughs, of matters requiring maintenance. Some of the issues raised by the tenant have not been documented by the landlord’s property managers. In such instances, I accept the tenant’s direct evidence before me that the tenant has duly notified the landlord as required under section 40(1)(d) RTA.
- Compensation ought to be awarded for breach of the landlord’s obligations and where the other party has suffered a loss or inconvenience because of that breach.
- It goes without saying that only if the landlord is found to in breach of their obligations under section 45 (as set out above) and the tenant has carried out his/her corresponding duty to notify and allow maintenance to be attended to, would an award of compensation be considered and made.
- Where the tenant has not carried out his/her corresponding duty to notify or not allow maintenance to be attended to, no award of compensation will be made.
- However, the landlord should not expect the tenant to be at home in order to supervise their contractors carrying out necessary repairs.
- Having heard from the parties, I find that there were specific instances of complaints raised by the tenant of items requiring attention, but the landlord failed to carry out the repairs within a reasonable time, as set out in the table above. Some of the tenant’s complaints were ignored and the issues were never addressed prior to the end of the tenancy in July 2025.
- I award the tenant compensation for the various unrepaired items as set out in the above table.
- In awarding compensation for loss of amenities and general damages for stress and inconvenience, I do not consider the tenant’s income-related rent to be relevant in the quantum of the awards. I consider that the tenant should be entitled to an appropriate standard of accommodation regardless of the low rent charged by the social housing landlord.
- The tenant’s claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 is successful.
- The amounts awarded as set out in the above table are proved.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s15, s1947, s40(1), s45
Key findings
- Dispute theme: rent arrears
- Dispute theme: property damage
- Dispute theme: leaks
Property management
- Kāinga Ora–Homes and Communities (respondent)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 5390004 about?
The tribunal order states: Kāinga Ora–Homes And Communities must pay [The tenant/s] tenant/s] $4,188.00
How much money was awarded in case 5390004?
Property Damage: $1,600.00 awarded to tenant; Compensation: Benchtop, Unattended: $350.00 awarded to tenant; Compensation: bulging toilet walls,…: $350.00 awarded to tenant; Compensation: due to damp carpet tha…: $800.00 awarded to tenant; Property Damage: $400.00 awarded to tenant; Compensation: further damp carpets n…: $850.00 awarded to tenant; Property Damage: $500.00 awarded to tenant; Pest Control: $150.00 awarded to tenant; Compensation: rubbish left behind th…: $300.00 awarded to tenant; Compensation: smell under kitchen si…: $50.00 awarded to tenant; Rent Arrears: $1,162.00 awarded to landlord
What type of tenancy dispute was case 5390004?
The primary dispute was Property damage. Related themes: Mould & damp, Leaks.
Where can I read the official tribunal order for case 5390004?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13469885-Tribunal_Order.pdf.
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