What was the outcome of Tenancy Tribunal case 5443930?

The tribunal order states: Golden Links Property Management Limited As Agent For Eunjung Kang must

How much money was awarded in case 5443930?

Compensation: Alternative accommodat…: $300.00 awarded to tenant; Compensation: Rent Refund: $880.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5443930?

The dispute type was not classified.

Where can I read the official tribunal order for case 5443930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13483757-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5443930?

The tribunal order states: Golden Links Property Management Limited As Agent For Eunjung Kang must

How much money was awarded in case 5443930?

Compensation: Alternative accommodat…: $300.00 awarded to tenant; Compensation: Rent Refund: $880.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5443930?

The dispute type was not classified.

Where can I read the official tribunal order for case 5443930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13483757-Tenancy_Tribunal_Order.pdf.

Room 2001B, 17 Wakefield Street, City, Auckland 1010 Tenancy Tribunal Case 5443930 — Tenancy dispute

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Reasons

Claims and awards in Tenancy Tribunal application 5443930 — net $1,208.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Rent refund	$880.00	Rent refund
Compensation: Alternative accommodation	$300.00	Alternative accommodation
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,208.00
Bond	$1,760.00
Total payable by Landlord to Tenant	$1,208.00

Both parties attended the hearing held on 21 April 2026. Both parties had the assistance of a mandarin interpreter.

This tenancy was due to start on 20 January 2026 and was for a fixed term due to end on 25 January 2027.

The tenant applied for bond refund, a claim relating to the Health Homes standards, to be released from the fixed term tenancy and for compensation.

The landlord applied for termination, rent arrears and a re-letting fee and advertising.

There were problems with this tenancy before the commencement date. A pre tenancy inspection took place on 19 January 2026. The inspection report notes the following: -Walls and carpet show normal wear and tear (a few marks on) -One button on oven is not working -One socket in the lounge is broken -The washing machine plug is broken -The dryer filter is missing

The report does not record all the issues that the photographs show including that the fridge was significantly mouldy and in relation to the washing machine the pins on the power plug was damaged and appeared not safe to use.

At the hearing the tenant produced a report which she says records the actual condition of the property observed by the tenant. She submits that the property was not in a clean, safe or habitable condition at the commencement of the tenancy. The tenant report, which included photographs, records the following issues on 19 January 2026: -Fridge contained visible mould -Strong mould / damp smell -Washing machine was not functional -Dryer contained visible mould -Oven was not fully functional -Wall power socket was broken and unsafe -Overall cleaning standard was below a reasonable level -Entrance door and lock was unstable -Balcony contained leftover rubbish

The landlord arranged for the fridge and the walls to be cleaned on 21 January 2026. On the same day an electrician attended to install a new oven and repaired the broken power point. For both contractors the tenant was expected to be available to let them into the premises and remain while the work was carried out. The tenant spent the entire day at the premises on 21 January 2026 to supervise cleaning, oven installation and repair work.

The tenant advised the landlord that she was not obligated to handle or coordinate with cleaners, maintenance personnel or delivery staff. The landlord replied and said, “As a tenant, you will generally be directly contacted by the maintenance personnel to arrange a suitable time for the inspection.” Later the landlord said that she would help to negotiate to reduce the rent by one week.

It is normal practice for a landlord to give notice of contractors attending and for the contractors to sometimes contact the tenant to coordinate suitable times, but in this situation, where the tenancy was not provided in a reasonable state, and the tenant did not move into the premises, the responsibility for coordinating the tradespeople and letting them in should have fallen on the landlord.

The tenant issued a 14-day notice to remedy on 26 January 2026. That notice identified the following issues to be remedied: -Serious mould and indoor air quality concerns -Severely mould contaminated refrigerator – replacement required -Washing machine and dryer installation failure – replacement and proper installation required -Removal of all rubbish and mould contaminated items -Mouldy entrance door and unsafe lock – replacement required -Damaged mailbox – repair and key provision required -No obligation to supervised works or installations

The landlord replied by email on 27 January 2026 and advised that after the cleaning on 21 January 2026 the property was made available at the commencement of the tenancy in a condition consistent with the landlord’s obligation under sections 45 and 46 of the Residential Tenancies Act 1986.

Section 45 provides that the landlord shall provide the premises in a reasonable state of cleanliness 1 and provide the premises in a reasonable state of repair 2 .

A joint inspection was carried out on 6 February 2026. During the inspection the unused items (considered rubbish by the tenant) were removed from the balcony and the landlord organised for measurements to be taken in respect of the oversized dryer and washing machine which had been installed on 25 January 2026. The replacement appliances were scheduled to be installed on 13 February 2026.

The tenant produced five witness statements which all recorded that the witnesses detected a strong, persistent musty and damp odour throughout the apartment. 1 Section 45(1)(a) Residential Tenancies Act 1986 2 Section 45(1)(2) Residential Tenancies Act 1986

At the hearing the tenant had a witness who gave evidence that when the door was opened there was a strong damp smell and there was a strong smell from the fridge and dark spots.

The landlord produced a document from the cleaner who attended on 21 January 2026. It states that there was no mould inside the house, and there were only a few scratches on the wall. While the cleaner states there was no mould, the reason for the cleaning was because the fridge had significant mould and there are also photographs showing mould growth on the kitchen sink silicone.

The contractor who installed the oven on 21 January 2026 also provided a document recording that he found the property to be in a clean and orderly state and he did not encounter any smell of mould or signs of poor maintenance.

On the evidence submitted I find that it is likely that the premises did smell of mould. I am told that the fridge was closed without power between the exit of the previous tenant in December 2025 and the pre tenancy inspection held on 19 January 2026. That situation is likely to have caused significant mould that is clear in the photographs. Also, cleaning of the fridge may not have eliminated the mould smell in the premises.

The tenant did not move into the premises, stating that the mould and damp smell were never properly addressed. The landlord did not employ a professional to investigate whether there was mould (in addition to the fridge) at the premises and if so, the cause of the mould. At the hearing the landlord said that it was the rainy season, and it was suggested that the tenant open the doors.

Under section 45(1)(c) of the Residential Tenancies Act 1986, the landlord is required to provide the premises in a reasonably clean and tidy condition at the start of the tenancy and to comply with all requirements in respect of buildings, health, and safety.

In this case, the evidence shows that at the scheduled start of the tenancy, the premises were not in a reasonably clean and tidy condition, and there were outstanding maintenance and cleanliness issues. Although the landlord took steps to address the issues after the tenancy was due to commence, the tenant was entitled to expect that the premises would be ready for occupation at the start of the tenancy.

The tenant’s decision not to move in was reasonable in the circumstances, given the presence of mould and a damp smell, which are matters that go to the health and safety of the premises.

While the tenant did move into the premises, she was able to remain at her previous address until 9 February 2026 when she stayed at a hotel. At the hotel she paid $140.00 per week.

The tenant returned the keys for the property to the landlord on 24 February 2026. The landlord advised the tenant that return of the keys did not constitute an end to the fixed term tenancy but to mitigate potential loss, the landlord agreed to re-advertise the property for a new tenant. The landlord agreed to terminate the tenancy on 10 March 2026.

The landlord claimed for rent arrears to 9 March 2026, a reletting fee of $379.50, advertising of $180.00 and the application fee.

The landlord was at fault in this situation. The impression I get is that the landlord did not carry out any checks on the premises prior to the start of the tenancy. The last tenancy ended on 22 December 2025. The landlord expected that any issues would be raised at the pre-tenancy inspection and then the landlord would act to address these. Alternatively, the tenant would raise any issues after the tenancy commenced. This is too late. The landlord should check and ensure that the premises are ready to be occupied before the pre tenancy inspection and well before the start of the tenancy to allow time for any action to be taken.

As stated above, in the circumstances, the tenant was entitled not to move in, given the condition that the premises was in. The rent paid by the tenant is returned to her and the landlord’s claim for rent arrears is dismissed together with the claims for re-letting and advertising.

I have also awarded compensation for the cost of alternate accommodation for the tenant from 9 February 2026 until 24 February 2026.

The bond is released to the tenant.

Because Mengying Jiang has substantially succeeded with the claim I have reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5443930 — net $1,208.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Rent refund	$880.00	Rent refund
Compensation: Alternative accommodation	$300.00	Alternative accommodation
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,208.00
Bond	$1,760.00
Total payable by Landlord to Tenant	$1,208.00