Tenantcheck Insights · Case study
Tenancy Tribunal case 5411889 — State of repair at 450 Don Buck Road, Massey, Auckland 0614
Published 11 March 2026 · Application 5411889
Tenant favoured
- State of repair
- Smoke alarms
At a glance
Key facts from the published tribunal order.
Outcome
Tenant favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
C Lamdin
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $3,028.00
- Total balance for Landlord to pay Tenant
- $3,028.00
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Exemplary damages: Failure to maintain premises | $2,000.00 | Failure to maintain premises | |
| Exemplary damages: No smoke alarms | $1,000.00 | No smoke alarms | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $3,028.00 | ||
| Total payable by Landlord to Tenant | $3,028.00 |
Claims and awards for application 5411889 — net $3,028.00 NZD. Verify on MoJ.
Exemplary damages: Failure to maintain premises
- Amount
- $2,000.00
- Awarded to
- Tenant
- Reason
- Failure to maintain premises
Exemplary damages: No smoke alarms
- Amount
- $1,000.00
- Awarded to
- Tenant
- Reason
- No smoke alarms
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Tenant
- Reason
- Filing fee reimbursement
Net award
Tenant $3,028.00
Total payable by Landlord to Tenant
Tenant $3,028.00
Claim types — money lines allowed on this order
Order
- The landlord must carry out the following work to the premises, which must be completed by Wednesday 8 April 2026: a. Install smoke alarms, b. Install a lock on the garage door, c. Install door handles on the two closets in the hallway, d. Install a door handle on the door from the garage to the house, e. Replace or repair the two-light unit in the bathroom, f. Repair the window with the broken cat-flap, g. Replace the kitchen mixer/spout, h. Replace all rotten decking on both the upstairs and downstairs decks, i. Replace or repair the window frame that is falling apart in bedroom three, j. Replace or repair the broken oven, k. Repair the exposed wires in the living room, l. Replace the broken windows in the washhouse and stairwell.
- As an alternative to compliance with Order 1, the landlord must pay the tenant $8,500.00 immediately.
- If the landlord fails to comply with either Order 1 or 2 above, then the tenant may undertake the work and charge the landlord the costs of this work up to $10,000.00. These costs may be set off against rent payable.
- The landlord’s claims are dismissed.
Reasons
- This is a cross-application. Both parties filed applications on 11 December 2025.
- The tenant attended the hearing which was held by teleconference. The landlord did not seek to be admitted to the hearing or answer either of the calls made at the scheduled hearing time on the number provided to the Tribunal. The landlord has not requested an adjournment.
- The tenant claims 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 and comply with all requirements in respect of smoke alarms as set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016.
- 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 tenant said that since moving into the premises there have been no smoke alarms at the premises. The tenant said that the numerous other issues listed above in Order 1 were evident at the start of the tenancy or have developed during the tenancy.
- The tenant said she has tried on numerous occasions to contact the landlord about the problems, but the landlord is hard to get hold of, and when contact is made the landlord has said she will send someone around to fix the problems, but nobody ever arrives.
- The tenant said that at one point she stopped paying rent in order to try and get the landlord to engage with her. She said she didn’t make an application to the Tenancy Tribunal at that time because this is her first time renting and she wasn’t aware of the Tribunal’s existence.
- The tenant provided photographs in support of her claims. She made the following submissions: a. The lack of lock on the garage door means the premises can not be secured. b. For approximately one and a half years she has not been able to cook in the oven, and only two of the elements on the stove top work. c. The water-spout in the kitchen has repeatedly fallen off. d. The tenant’s sister stepped onto the downstairs deck on one occasion and her foot went through a rotten board. e. The two broken windows have been in that condition since the tenancy began.
- The tenant wants the problems 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.
- The claims are proved. I find the landlord has committed unlawful acts in failing to maintain the premises in a reasonable state of repair having regard to the age and character of the premises, and in failing to provide smoke alarms.
- 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.
- The oral information and supporting photographic information provided by the tenant show this to be a very poorly maintained property. The defects go beyond mere inconvenience. The defects breach a number of provisions across the Residential Tenancies Act, 1986, the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016, and the Housing Improvement Regulations 1947.
- The tenant said she has repeatedly attempted to engage the landlord to address the problems, but the landlord has been difficult to contact and unreliable in addressing the requests for action.
- I determine exemplary damages are warranted in this case. When I consider the above factors I determine a significant award is appropriate.
- Because the tenant has been wholly successful in her claims, I have reimbursed the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s109(3), s120C, s1947, s2016, s45, s45(1), s45(1A), s78(1), s78(2), s78(2AAB)
Key findings
- Dispute theme: state of repair
- Dispute theme: smoke alarms
Property management
- BETA PROPERTY INVESTMENT LIMITED (respondent)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5411889?
The tribunal order states: The landlord must carry out the following work to the premises, which must be
How much money was awarded in case 5411889?
Property Damage: $2,000.00 awarded to tenant; Smoke Alarms: $1,000.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant
What type of tenancy dispute was case 5411889?
The primary dispute was State of repair. Related themes: Smoke alarms.
Where can I read the official tribunal order for case 5411889?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13263958-Tenancy_Tribunal_Order.pdf.