Published tribunal order
Tenancy Tribunal case 5395162 — State of repair
Decided 10 Mar 2026 · Published 10 Mar 2026 · Application 5395162
- State of repair
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
- The Tribunal declares that this tenancy commenced on Friday 21 November 2025.
- [Landlord 1] must pay [The tenant/s] the sum of $528.00 calculated as shown in the table below:
- The landlord must carry out the following work to the premises, which must be completed by Friday 20 March 2026: a. Repair upstairs shower and bathroom floor damage. b. Carpet clean, odour neutralise and stain removal treatment c. Repair missing section of back fence
- As an alternative to compliance with Order 4a, the landlord must pay the tenant $100.00 per week by way of a reduction in the weekly rent payable from 20 March 2026 until the upstairs bathroom is able to be used.
- If the landlord fails to comply with either Order 4b, 4c, or 4d above, then the tenant may undertake the work and charge the landlord the costs of this work up to a total of $2500. These costs may be set off against rent payable.
- The application for rent arrears is dismissed.
Reasons
- The tenant attended the hearing supported by her mother.
- On Saturday 7 February 2026 [Landlord 1] emailed the Tribunal requesting to attend the hearing by telephone as she lives in Australia. A New Zealand mobile phone number to call was provided. The Tribunal responded asking the landlord whether there was an agent in New Zealand able to attend the hearing (pursuant to section 16A Residential Tenancies Act 1986 (RTA) which requires a landlord who is out of New Zealand for longer than 21 consecutive days to appoint an agent). On the date of the hearing there was no reply from [Landlord 1].
- There was no attendance of a landlord at the hearing and there was no attendance of an agent for the landlord. After calling the matter and waiting for the landlord the Tribunal telephoned [Landlord 1] on the number provided three times and the calls went to voicemail.
- When notice of a hearing has been given to a party in accordance with the RTA and that party does not attend the hearing the Tribunal may hear and determine, or dismiss or adjourn, the matter in the absence of that party. See section 92 of the RTA.
- The file records that notice of today’s hearing was sent to [Landlord 1] on 22 January 2026 by email to the address provided by her. [Landlord 1] emailed the Tribunal indicating she was aware of the hearing.
- I am satisfied that notice of the hearing has been given and therefore the hearing proceeded.
- The tenant rented a large six-bedroom, two-bathroom home from the landlord and lives there with her children and family. The rent is $1275.00 per week.
- [Landlord 1] has applied for rent arrears.
- The tenant has applied for compensation and work orders.
- Although the tenancy agreement records two landlords with the second being [Landlord 2] these proceedings name [Landlord 1] only.
Does the tenant owe rent arrears?
- The landlord has filed a claim for rent arrears of $3275.00.
- A rent summary has not been provided but the landlord’s application claims that the tenant did not pay rent in advance as required by the landlord.
- The tenant responded as follows: (a)Although the tenancy agreement records a start date of 8 November 2025 the tenancy did not actually commence until 21 November 2025 as this is when she was given the keys and possession of the premises due to issues with the landlord’s rent in advance claims and due to the landlord needing further time to provide the premises reasonably clean. (b)The tenant stated that on 7 November 2025 she paid the landlord the sum of $5650.00 being bond of $5100.00 plus $550 towards the first week’s rent. (c)The landlord did not agree to her moving in on 8 November 2025 and instead provided her with an additional agreement dated 7 November 2025 to take to MSD. This recorded that a further $3275.00 was required to pay two weeks rent in advance plus another weeks rent due on 13 November 2025. (d)The tenant stated that the landlord would not allow the tenancy to commence until this further amount of $3275.00 was paid and there were delays with receiving the money as the landlord needed to be approved as an MSD supplier and MSD questioned the dates on the additional agreement. (e)MSD paid the $3275.00 to the landlord on 17 November 2025. (f)The tenant sought to obtain possession of the premises and this was not provided. (g)The tenant made contact with the second landlord named on the tenancy agreement [Landlord 2] who gave access for her to view the premises on 18 November 2025. (h)When the tenant viewed the premises she discovered that they were not clean and needed pest treatment. [Landlord 2] agreed to arrange this. (i)On Friday 21 November 2025 the tenant was given the keys and possession of the premises. (j)The tenant stated that she took advice from Tenancy Services who informed her that the landlord cannot charge rent more than two weeks in advance so as she had paid three weeks rent in advance she began paying further weekly rent from 5 December 2025.
- In support of this response the tenant provided proof of the initial payments made by herself and MSD, the tenancy agreement and additional agreement.
- The landlord has filed evidence of a pest control invoice dated 19 November 2025 and a cleaning invoice dated 21 November 2025.
- I accept the tenant’s evidence that she was given possession of the premises on 21 November 2025 following payment of the $3275.00 on 17 November 2025 and the landlord arranging cleaning and pest treatment. Therefore, the Tribunal declares that this tenancy commenced on Friday 21 November 2025.
- A landlord must not require a tenant to pay more than two weeks in advance or rent before the already paid rent expires. See section 23(1) Residential Tenancies Act 1986. This means that a landlord cannot seek more than a maximum of two weeks rent in advance and cannot ask for more rent until the previously paid rent period has expired. In this case the tenancy agreement only requires the rent to be paid weekly in advance.
- In the absence of the rent summary and in light of the proof of the initial payments provided by the tenant I am not satisfied on the balance of probabilities that the tenant is in rent arrears and therefore this claim is dismissed.
Has the landlord failed to comply with their obligations?
- [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 has obligations including that they must provide and maintain the premises in a reasonable state of repair.
- The tenant advised that the claims in her application relating to window latches, toilet seats and a leaky toilet have been repaired by the landlord and these claims are withdrawn.
- The tenant claimed that the landlord has failed to provide the premises in a reasonable state of repair as follows: (a)Hot water – the premises were provided with non-compliant gas. The tenants did not have hot water until the matter was resolved. The landlord has filed invoices showing that a power outlet was relocated away from the gas bottle outlet on 2 December 2025 and the gas company attended the same day. The tenant stated that the landlord did not then provide the gas bottles, and she paid for this and deducted this from her rent. I find that the landlord failed to provide the premises with a compliant gas connection at the commencement of the tenancy. (b)Upstairs bathroom – the tenant stated that the seals on the shower need replacing and the shower leaks, this has resulted in the floor rotting. She stated that she became aware that the bathroom floor was soft and there is a crack in the ceiling directly below. She provided photographs showing the edge of the shower and the rotting wood under the lino beside it. The landlord was notified and a plumber attended in December 2025. The tenant stated that the plumber told them not to use the upstairs bathroom due to the water damage to the floor so they have not had use of this bathroom since December 2025. Recently an insurance assessor visited the premises but the tenant has not been advised when the issue will be fixed and has now been waiting since December 2025. I find that the landlord has failed to maintain the shower and bathroom in a reasonable state of repair due to the delay in repairing the issue meaning the tenant and her family have had no use of the upstairs bathroom since December 2025. (c)Carpet – the tenant claimed that the premises were provided with carpet in the downstairs of the premises that was damaged with stains and had a strong odour. She provided two photographs of stains on the carpet. The [Cleaning company’s] invoice filed by the landlord recorded “quick vacuum carpeted areas”. Having considered the evidence I find that downstairs carpet was not provided in a reasonable state of repair as more than a quick vacuum was required to address the stains. A carpet clean with stain and odour treatment is required. (d)Paintwork – the tenant claimed that the premises were provided with poorly maintained paintwork and windows upstairs. She provided photographs of bedroom doors and doorways with large patches of paint worn off and a photo of lifting paintwork on a window frame and a gap in another bedroom window frame. Having considered the evidence I am satisfied that the upstairs paintwork and window frames were not provided in a reasonable state of repair. (e)Fence – the tenant claimed that there was a gap in the wooden back fence. The tenant is concerned about the fencing not being secure as she has seven children. A photograph showing the gap in the wooden fence was provided. The gap is covered with a shorter metal fence piece and the tenant advised that is not secured and it falls over. I am satisfied that the landlord failed to provide the fence in a reasonable state of repair.
- The tenant seeks compensation for the loss of enjoyment of the premises due to the breach of the landlord obligations. The Tribunal can order a landlord to pay such sum by way of damages or compensation as the Tribunal shall assess in respect of the breach of any provision of the Residential Tenancies Act (section 77(2)(n)).
- Rather than out of pocket expenses the Tenants’ claim for compensation is in the nature of general damages for the loss of enjoyment and stress of living in a property not provided in a reasonable state of repair and the delays in the matters being remedied. The Tribunal has jurisdiction to make such award pursuant to section 77(2)(n) of the Act: Eayrs v Hindmarsh, DC Wellington, TT223/93, 12 November 1993. Awards of compensation are generally modest. I find that the number of issues with the property at the beginning of the tenancy affected the tenant’s use of and enjoyment of the premises and award a lump sum amount of $500 in compensation, being $100 for each of the five issues raised.
Should a work order be made?
- The tenant wants the problems in paragraph 22(b)-(e) fixed and seeks a work order.
- 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.
- The Tribunal has found in paragraph 22 above that the landlord has breached section 45(1)(b) of the RTA.
- The landlord must carry out the following work to the premises, which must be completed by Friday 20 March 2026: a. Repair upstairs shower and bathroom floor damage. b. Carpet clean, odour neutralise and stain removal treatment c. Repair missing section of back fence d. Repair paintwork on upstairs bedroom doors, doorframes and window sills and repair window gap.
- As an alternative to compliance with the work order to repair the upstairs shower and bathroom, the landlord must pay the tenant $100.00 per week by way of a reduction in the weekly rent payable from 20 March 2026 until the upstairs bathroom is able to be used.
- If the landlord fails to comply with the remainder of the work orders, then the tenant may undertake the work and charge the landlord the costs of this work up to a total of $2500 for all work. These costs may be set off against rent payable. Suppression/Filing fee
- The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. Having considered the factors in this case the Tribunal finds that the interests of the parties outweigh any public interest in their identities being published and orders suppression of all party identifying details in any publication of this order.
- As the tenant has been substantially successful with her application, I order the landlord to reimburse the filing fee paid pursuant to section 102(4) RTA.