What was Tenancy Tribunal case 5429610 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 5429610?

Compensation: Loss of amenity bathro…: $420.00 awarded to tenant; Compensation: Loss of amenity bedroo…: $335.00 awarded to tenant; Property Damage: $480.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5429610?

The primary dispute was Mould & damp.

Where can I read the official tribunal order for case 5429610?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13529698-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5429610 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 5429610?

Compensation: Loss of amenity bathro…: $420.00 awarded to tenant; Compensation: Loss of amenity bedroo…: $335.00 awarded to tenant; Property Damage: $480.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5429610?

The primary dispute was Mould & damp.

Where can I read the official tribunal order for case 5429610?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13529698-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5429610 — Mould & damp

Claims and awards in Tenancy Tribunal application 5429610 — net $1,263.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Water and mould damaged items	$480.00	Water and mould damaged items
Compensation: Loss of amenity bathrooms	$420.00	Loss of amenity bathrooms
Compensation: Loss of amenity bedroom	$335.00	Loss of amenity bedroom
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,263.00
Total payable by Landlord to Tenant	$1,263.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
The term of the fixed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends on 23 February 2026. Responsibility for rental payments end on this date.
Monarch Realty Limited must pay [The tenant/s] $1263.00 immediately.

Reasons

Both parties attended the hearing.
The tenant has applied for reduction of the fixed-term tenancy due to end on 27 July 2026, compensation and a rent reduction.

Should the term of the tenancy be reduced?

The Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and b. there would be severe hardship to the applicant if the term is not reduced; and c. the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986.
There has been an unforeseen change in the tenant's circumstances. The tenants stated that they have lost confidence in the premises after ongoing issues with leaks coming from the showers in both the main bathroom and ensuite. The landlord was notified of the first leak October 2023. Both showers were replaced in April 2024. On 4 November 2025 there was another leak in the ensuite, and mould discovered in the main bedroom wardrobe which shares a wall with the ensuite shower.
After mould was found, the tenants were concerned for the health and safety of their children who were suffering from breathing issues and other complaints. A medical record was provided. They felt the premises could put their family at risk.
The tenants stated that they did not expect multiple repairs for the same issue and calculated that during the tenancy 255 days were impacted by these issues either communicating with the landlord, quotes for repairs or having various trades people at the premises.
The landlord has agreed to end the tenancy on 23 February 2026 and not charge the tenant a break lease fee. The tenants however are not released from their obligation to pay rent until a new tenancy begins.
The tenants have found a new property with the tenancy starting on 24 February 2026. They state they are a single income family, and they would suffer severe hardship if the responsibility for rent was not reduced as well as the term.
The landlord would suffer hardship if the term were reduced because they have financial obligations including mortgage repayments. There was an indication given that an agreement had been reach to re-tenant the premises from 28 February 2026.
I find that the tenant’s hardship would be greater than the landlord’s hardship.
Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986.
I have considered the high probability that the premises will be re-rented within 4 days of the tenants leaving and find that to compensate the landlord for the resulting loss of rent for four days is not required. Compensation
The tenants sought compensation for goods damaged by the water leaking into the wardrobe from the ensuite. These included books, clothes, a chest of drawers and a speaker.
It is not disputed that there was a leak in the ensuite in October 2023 ,the shower was replaced in April 2024 and a severe leak occurred on 4 November 2025.
It is the incident in November 2025 that the tenants said damaged their items. The carpet was wet and damaged and had to be replaced and the shower wall and base were repaired. Photos were provided of part of a wall and casing that had swollen with water damage in the main bedroom and mould under an area of lifted carpet. It appeared that this leak had occurred over a period of time.
The tenants provided photos of damaged books, clothes hanging in the wardrobe and a speaker. Other damaged belongings they said were taken immediately to the dump to stop it contaminating further items.
The tenants were unable to provide invoices for purchase of the damaged items, but did provide estimated costs to replace them.
The tenants established that books were damaged, but it was harder to see the damage on clothes and the speaker. If items had been in the wardrobe especially near the floor it is logical that these would have suffered some damage.
The tenant said the speaker was 7-8 years old, the books 1-2 years and clothes 1-4 years old, (these were not itemised).
The landlord disputed costs because of the lack of evidence and their belief that the tenants did not provide enough information for their own insurance claim which was declined.
The release of this decision was delayed for the landlord to update the Tribunal on an insurance claim that the plumber who repaired the Ensuite shower had made. The Tribunals original timing of 2-3 days has been extended to 10 days without confirmation of any insurance award and a decision is now made in respect of these claims.
A landlord has the responsibility to maintain the premises and although I do not have a claim for a breach of these duties it is the repair that failed and caused a loss to the tenant. On this basis I make a nominal award.
The amounts ordered are nominal because the tenant cannot establish the exact losses, but a sum is awarded to recognise that the landlord has breached their obligations and have caused damage for which they are liable.
There was no evidence of damaged drawers and the speaker has an estimated useful life of 4 years. Considering depreciation, and minimal I information about the original cost I find an award of $480.00 appropriated for this damage. Rent reduction.
The tenants sought a reduction of rent for the loss of use of the bathrooms and bedroom. It was not disputed that the ensuite was not able to be used during the tenancy in total for six weeks and the main bathroom for one week due to leaks, repairs, replacement or waiting for repairs to dry.
The tenants said that upon finding mould in the wardrobe in the main bedroom they moved out until it was rectified, which was from 4 November 2025 to 13 December 2025, being 5 weeks and 4 days. The landlord said they were told that the tenant had moved out in December 2025. However, there is clear evidence that the landlords knew about the leak and mould on 4 December 2025, and it is not unrealistic to expect a tenant to move out of the bedroom until the issues were resolved.
The Tribunal typically awards $50 to $100 per week for loss of amenity in relation to bedrooms and bathrooms. The Tribunal considers factors such as if it is the only bathroom or bedroom, for how long it is unavailable and the consequence on the parties. In this circumstance I award $70.00 for the loss of use of the bathrooms, for a total of 6 weeks, amounting to $420.00, and $60.00 per week for the bedroom for 5 weeks and 4 days being $335.00.
Because [The tenant/s] has wholly succeeded with the claim I must reimburse the filing fee and grant name suppression as requested.

Claims and awards in Tenancy Tribunal application 5429610 — net $1,263.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Water and mould damaged items	$480.00	Water and mould damaged items
Compensation: Loss of amenity bathrooms	$420.00	Loss of amenity bathrooms
Compensation: Loss of amenity bedroom	$335.00	Loss of amenity bedroom
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,263.00
Total payable by Landlord to Tenant	$1,263.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
The term of the fixed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends on 23 February 2026. Responsibility for rental payments end on this date.
Monarch Realty Limited must pay [The tenant/s] $1263.00 immediately.

Reasons

Both parties attended the hearing.
The tenant has applied for reduction of the fixed-term tenancy due to end on 27 July 2026, compensation and a rent reduction.

Should the term of the tenancy be reduced?

The Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and b. there would be severe hardship to the applicant if the term is not reduced; and c. the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986.
There has been an unforeseen change in the tenant's circumstances. The tenants stated that they have lost confidence in the premises after ongoing issues with leaks coming from the showers in both the main bathroom and ensuite. The landlord was notified of the first leak October 2023. Both showers were replaced in April 2024. On 4 November 2025 there was another leak in the ensuite, and mould discovered in the main bedroom wardrobe which shares a wall with the ensuite shower.
After mould was found, the tenants were concerned for the health and safety of their children who were suffering from breathing issues and other complaints. A medical record was provided. They felt the premises could put their family at risk.
The tenants stated that they did not expect multiple repairs for the same issue and calculated that during the tenancy 255 days were impacted by these issues either communicating with the landlord, quotes for repairs or having various trades people at the premises.
The landlord has agreed to end the tenancy on 23 February 2026 and not charge the tenant a break lease fee. The tenants however are not released from their obligation to pay rent until a new tenancy begins.
The tenants have found a new property with the tenancy starting on 24 February 2026. They state they are a single income family, and they would suffer severe hardship if the responsibility for rent was not reduced as well as the term.
The landlord would suffer hardship if the term were reduced because they have financial obligations including mortgage repayments. There was an indication given that an agreement had been reach to re-tenant the premises from 28 February 2026.
I find that the tenant’s hardship would be greater than the landlord’s hardship.
Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986.
I have considered the high probability that the premises will be re-rented within 4 days of the tenants leaving and find that to compensate the landlord for the resulting loss of rent for four days is not required. Compensation
The tenants sought compensation for goods damaged by the water leaking into the wardrobe from the ensuite. These included books, clothes, a chest of drawers and a speaker.
It is not disputed that there was a leak in the ensuite in October 2023 ,the shower was replaced in April 2024 and a severe leak occurred on 4 November 2025.
It is the incident in November 2025 that the tenants said damaged their items. The carpet was wet and damaged and had to be replaced and the shower wall and base were repaired. Photos were provided of part of a wall and casing that had swollen with water damage in the main bedroom and mould under an area of lifted carpet. It appeared that this leak had occurred over a period of time.
The tenants provided photos of damaged books, clothes hanging in the wardrobe and a speaker. Other damaged belongings they said were taken immediately to the dump to stop it contaminating further items.
The tenants were unable to provide invoices for purchase of the damaged items, but did provide estimated costs to replace them.
The tenants established that books were damaged, but it was harder to see the damage on clothes and the speaker. If items had been in the wardrobe especially near the floor it is logical that these would have suffered some damage.
The tenant said the speaker was 7-8 years old, the books 1-2 years and clothes 1-4 years old, (these were not itemised).
The landlord disputed costs because of the lack of evidence and their belief that the tenants did not provide enough information for their own insurance claim which was declined.
The release of this decision was delayed for the landlord to update the Tribunal on an insurance claim that the plumber who repaired the Ensuite shower had made. The Tribunals original timing of 2-3 days has been extended to 10 days without confirmation of any insurance award and a decision is now made in respect of these claims.
A landlord has the responsibility to maintain the premises and although I do not have a claim for a breach of these duties it is the repair that failed and caused a loss to the tenant. On this basis I make a nominal award.
The amounts ordered are nominal because the tenant cannot establish the exact losses, but a sum is awarded to recognise that the landlord has breached their obligations and have caused damage for which they are liable.
There was no evidence of damaged drawers and the speaker has an estimated useful life of 4 years. Considering depreciation, and minimal I information about the original cost I find an award of $480.00 appropriated for this damage. Rent reduction.
The tenants sought a reduction of rent for the loss of use of the bathrooms and bedroom. It was not disputed that the ensuite was not able to be used during the tenancy in total for six weeks and the main bathroom for one week due to leaks, repairs, replacement or waiting for repairs to dry.
The tenants said that upon finding mould in the wardrobe in the main bedroom they moved out until it was rectified, which was from 4 November 2025 to 13 December 2025, being 5 weeks and 4 days. The landlord said they were told that the tenant had moved out in December 2025. However, there is clear evidence that the landlords knew about the leak and mould on 4 December 2025, and it is not unrealistic to expect a tenant to move out of the bedroom until the issues were resolved.
The Tribunal typically awards $50 to $100 per week for loss of amenity in relation to bedrooms and bathrooms. The Tribunal considers factors such as if it is the only bathroom or bedroom, for how long it is unavailable and the consequence on the parties. In this circumstance I award $70.00 for the loss of use of the bathrooms, for a total of 6 weeks, amounting to $420.00, and $60.00 per week for the bedroom for 5 weeks and 4 days being $335.00.
Because [The tenant/s] has wholly succeeded with the claim I must reimburse the filing fee and grant name suppression as requested.

Tenancy Tribunal case 5429610 — Mould & damp

At a glance

Award balance

Tenancy Tribunal case 5429610 — Mould & damp

At a glance

Award balance

Claims & awards

Order

Reasons

Should the term of the tenancy be reduced?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the term of the tenancy be reduced?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions