What was Tenancy Tribunal case 5422985 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 5422985?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5422985?

The primary dispute was Rent arrears. Related themes: Cleanliness, Mould & damp.

Where can I read the official tribunal order for case 5422985?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13377403-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5422985 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 5422985?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5422985?

The primary dispute was Rent arrears. Related themes: Cleanliness, Mould & damp.

Where can I read the official tribunal order for case 5422985?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13377403-Tribunal_Order_Redacted.pdf.

48 Matawhanga Drive, Wattle Downs, Auckland 2103 Tenancy Tribunal Case 5422985 — Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
The tenancy at 48 Matawhanga Drive, Wattle Downs is terminated on 28 November 2025, and the rent in advance and the bond are to be refunded to the tenants immediately.
The landlord’s application for rent arrears and break least fees are dismissed
The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) to [The tenant/s] immediately.
Barfoot and Thompson Limited as agent for Wong Angela is to refund $628.00 to Brian Faatoia JR Faatoia and Shandee Wade immediately for the rent paid in advance and reimbursement of the filing fee, as calculated and set out below: DescriptionTenant Total award Bond $2,400.00 Rent paid in advance. Filing Fee TOTAL: $600.00 $28.00 $3028.00

Reasons

Both parties attended the hearing.
This was a fixed term tenancy for 6-months at 48 Matawhanga Drive, Wattle Downs. One of the tenants viewed the property on 12 November 2025 when the previous tenants were still occupying the property.
After the viewing, on 14 November 2025 the tenants signed the tenancy agreement, with a commencement date of 28 November 2025.
The tenants paid $2400.00 in bond and one weeks rent of $600.00, in advance on signing the tenancy agreement.
On 28 November 2025, the tenants collected the keys from the landlord and went to the property. Once inside the property they were able to view the condition of it clearly without the previous tenants’ possessions in it.
Immediately it was apparent that there was a cockroach infestation at the property. There were cockroaches seen and photographed by the tenants in the kitchen cupboard, upstairs bathroom, bedroom, and hot water cupboard.
The tenants found the oven was not clean, there was heavy stains on the carpet and the carpet smelt. There were black marks on the skirting boards, smear marks on the lino, mould on the shower, plaster from replastering the wall on the carpet, ants on the windowsill, pink stains in the bathroom cabinet, fly marks on the light fitting, scratches on the shower surface, toilet was dirty and a few minor cleaning spots.
The tenants were of the view that the standard of cleaning was poor and should be professionally cleaned.
The landlord acknowledged that there clearly was a cockroach infestation and some minor cleaning issues. The landlord was of the view that neither should have stopped the tenancy from taking place. The landlord offered to get the pest control people in and suggested that he could do the bit of cleaning that was required. The landlord was of the view that the overall standard of the cleanliness of the property was fine and a professional clean was not required.
The landlord told the tenants he could get the cleaning and pest control sorted that day.
The tenants left the property, and two days contacted the landlord to arrange a meeting to view the property again. The landlord and tenants meet at the property on 1 December 2025. Despite having to two more days available to do the cleaning and pest control, the landlord took no steps to remedy the issues. The property would have to have been fumigated for the pests regardless of whether these or other tenants took over the tenancy.
The parties looked through the property together and the landlord asked the tenants to consider whether they were taking the property or not. The tenants advised after viewing and seeing the cockroaches again and the unclean areas of the property to tell the landlord that they no longer had any interest in the property.
The tenants claim that they were committed to the tenancy until the 28 th of November 2025 when they saw the condition of the property. The landlord gave the tenants the details of the pest control people. The tenants spoke to someone from a pest control company who advised that there may require more than one treatment, and that gel or bait could be placed around the property.
The tenants have two small children, a 9 month old baby and a 2-year-old toddler. They were very concerned that there maybe toxic substances left around the house that the children could have access too.
The landlord advised the tenants that they would be paying rent until a new tenant could be found and a break lease fee. The landlord seeks to claim for these and refund of the tenant’s bond and reimbursement of the filing fee.
The tenants seek a declaration that the tenancy is terminated because of the landlord’s breach of s45 Residential Tenancies Act 1986 (RTA), refund of their bond and weeks rent in advance, reimbursement of the filing fee. . Landlord’s Obligations at Start of Tenancy
Under section 45(1)(a) of the Residential Tenancies Act 1986, the landlord must provide the premises in a reasonable state of cleanliness.
The landlord must also ensure the premises are habitable and free from infestations at the start of the tenancy. Tenant’s Right to Refuse Possession
If the property is infested with cockroaches and not reasonably clean at the start of the tenancy, this is a fundamental breach of the landlord’s obligations.
The Tribunal has held that tenants are not required to take possession of premises that are not fit for habitation or not provided in a reasonable state of cleanliness.
The tenant may treat the contract as repudiated (cancelled) due to the landlord’s breach. Termination Before Moving In
The tenants can apply to the Tribunal for an order terminating the tenancy on the grounds that the landlord has failed to comply with their obligations before possession began.
The Tribunal may order the tenancy terminated and order the landlord to refund the bond and any rent paid in advance.
The Tribunal may also consider compensation for any loss suffered by the tenants. Given that the landlord has also incurred financial loss I am not awarding any further compensation.
The tenants signed a fixed term tenancy and paid the bond and rent in advance. Upon attending the property at the start of the tenancy, they found it was infested with cockroaches and not reasonably clean.
The landlord acknowledged the infestation and cleaning issues. Under section 45(1)(a) of the Residential Tenancies Act 1986, the landlord is required to provide the premises in a reasonable state of cleanliness and free from infestation.
The landlord’s failure to do so is a fundamental breach of their obligations. The tenants were entitled to refuse to take possession and may apply to the Tribunal to terminate the tenancy. The Tribunal may order the tenancy terminated, refund any rent or bond paid, and consider compensation for any loss suffered by the tenants.
The Tribunal orders that the tenancy is terminated on 28 November 2026 before the tenancy commenced and that the tenants are to be refunded their bond and one weeks rent paid in advance. Bond/Reimbursement of the filing fee/ Suppression:
The bond centre is to refund the bond back to the tenants immediately.
The landlord is to refund $600.00 to the tenants immediately for the one week’s rent paid in advance.
The tenants have sought name suppression and as they have been successful with their claim, I am granting suppression of their names and details.
As the tenants have been successful, I am reimbursing their filing fee.
The landlords claim for rent arrears and break lease fees are dismissed.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
The tenancy at 48 Matawhanga Drive, Wattle Downs is terminated on 28 November 2025, and the rent in advance and the bond are to be refunded to the tenants immediately.
The landlord’s application for rent arrears and break least fees are dismissed
The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) to [The tenant/s] immediately.
Barfoot and Thompson Limited as agent for Wong Angela is to refund $628.00 to Brian Faatoia JR Faatoia and Shandee Wade immediately for the rent paid in advance and reimbursement of the filing fee, as calculated and set out below: DescriptionTenant Total award Bond $2,400.00 Rent paid in advance. Filing Fee TOTAL: $600.00 $28.00 $3028.00

Reasons

Both parties attended the hearing.
This was a fixed term tenancy for 6-months at 48 Matawhanga Drive, Wattle Downs. One of the tenants viewed the property on 12 November 2025 when the previous tenants were still occupying the property.
After the viewing, on 14 November 2025 the tenants signed the tenancy agreement, with a commencement date of 28 November 2025.
The tenants paid $2400.00 in bond and one weeks rent of $600.00, in advance on signing the tenancy agreement.
On 28 November 2025, the tenants collected the keys from the landlord and went to the property. Once inside the property they were able to view the condition of it clearly without the previous tenants’ possessions in it.
Immediately it was apparent that there was a cockroach infestation at the property. There were cockroaches seen and photographed by the tenants in the kitchen cupboard, upstairs bathroom, bedroom, and hot water cupboard.
The tenants found the oven was not clean, there was heavy stains on the carpet and the carpet smelt. There were black marks on the skirting boards, smear marks on the lino, mould on the shower, plaster from replastering the wall on the carpet, ants on the windowsill, pink stains in the bathroom cabinet, fly marks on the light fitting, scratches on the shower surface, toilet was dirty and a few minor cleaning spots.
The tenants were of the view that the standard of cleaning was poor and should be professionally cleaned.
The landlord acknowledged that there clearly was a cockroach infestation and some minor cleaning issues. The landlord was of the view that neither should have stopped the tenancy from taking place. The landlord offered to get the pest control people in and suggested that he could do the bit of cleaning that was required. The landlord was of the view that the overall standard of the cleanliness of the property was fine and a professional clean was not required.
The landlord told the tenants he could get the cleaning and pest control sorted that day.
The tenants left the property, and two days contacted the landlord to arrange a meeting to view the property again. The landlord and tenants meet at the property on 1 December 2025. Despite having to two more days available to do the cleaning and pest control, the landlord took no steps to remedy the issues. The property would have to have been fumigated for the pests regardless of whether these or other tenants took over the tenancy.
The parties looked through the property together and the landlord asked the tenants to consider whether they were taking the property or not. The tenants advised after viewing and seeing the cockroaches again and the unclean areas of the property to tell the landlord that they no longer had any interest in the property.
The tenants claim that they were committed to the tenancy until the 28 th of November 2025 when they saw the condition of the property. The landlord gave the tenants the details of the pest control people. The tenants spoke to someone from a pest control company who advised that there may require more than one treatment, and that gel or bait could be placed around the property.
The tenants have two small children, a 9 month old baby and a 2-year-old toddler. They were very concerned that there maybe toxic substances left around the house that the children could have access too.
The landlord advised the tenants that they would be paying rent until a new tenant could be found and a break lease fee. The landlord seeks to claim for these and refund of the tenant’s bond and reimbursement of the filing fee.
The tenants seek a declaration that the tenancy is terminated because of the landlord’s breach of s45 Residential Tenancies Act 1986 (RTA), refund of their bond and weeks rent in advance, reimbursement of the filing fee. . Landlord’s Obligations at Start of Tenancy
Under section 45(1)(a) of the Residential Tenancies Act 1986, the landlord must provide the premises in a reasonable state of cleanliness.
The landlord must also ensure the premises are habitable and free from infestations at the start of the tenancy. Tenant’s Right to Refuse Possession
If the property is infested with cockroaches and not reasonably clean at the start of the tenancy, this is a fundamental breach of the landlord’s obligations.
The Tribunal has held that tenants are not required to take possession of premises that are not fit for habitation or not provided in a reasonable state of cleanliness.
The tenant may treat the contract as repudiated (cancelled) due to the landlord’s breach. Termination Before Moving In
The tenants can apply to the Tribunal for an order terminating the tenancy on the grounds that the landlord has failed to comply with their obligations before possession began.
The Tribunal may order the tenancy terminated and order the landlord to refund the bond and any rent paid in advance.
The Tribunal may also consider compensation for any loss suffered by the tenants. Given that the landlord has also incurred financial loss I am not awarding any further compensation.
The tenants signed a fixed term tenancy and paid the bond and rent in advance. Upon attending the property at the start of the tenancy, they found it was infested with cockroaches and not reasonably clean.
The landlord acknowledged the infestation and cleaning issues. Under section 45(1)(a) of the Residential Tenancies Act 1986, the landlord is required to provide the premises in a reasonable state of cleanliness and free from infestation.
The landlord’s failure to do so is a fundamental breach of their obligations. The tenants were entitled to refuse to take possession and may apply to the Tribunal to terminate the tenancy. The Tribunal may order the tenancy terminated, refund any rent or bond paid, and consider compensation for any loss suffered by the tenants.
The Tribunal orders that the tenancy is terminated on 28 November 2026 before the tenancy commenced and that the tenants are to be refunded their bond and one weeks rent paid in advance. Bond/Reimbursement of the filing fee/ Suppression:
The bond centre is to refund the bond back to the tenants immediately.
The landlord is to refund $600.00 to the tenants immediately for the one week’s rent paid in advance.
The tenants have sought name suppression and as they have been successful with their claim, I am granting suppression of their names and details.
As the tenants have been successful, I am reimbursing their filing fee.
The landlords claim for rent arrears and break lease fees are dismissed.

Tenancy Tribunal case 5422985 — Rent arrears at 48 Matawhanga Drive, Wattle Downs, Auckland 2103

At a glance

Tenancy Tribunal case 5422985 — Rent arrears at 48 Matawhanga Drive, Wattle Downs, Auckland 2103

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions