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Tenancy Tribunal case 5482729 — Tenancy dispute at Unit/Flat Flat 1, 20 Patteson Avenue, Mission Bay, Auckland

Decided 4 Aug 2026 · Published 4 Aug 2026 · Application 5482729

Cleanliness
Compensation
Filing Fee
Healthy homes
Leaks
Mould & damp

View official order on MoJ →Explore similar cases

At a glance

Key facts from the published tribunal order.

Location

Auckland

Tribunal region

Dispute themes

Award balance

Gross awards, any bond applied per the order, and the remaining balance payable.

Gross award: $7,685.85
Total balance for Landlord to pay Tenant: $7,685.85

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5482729 — net $7,685.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Rent relief	$6,657.85	Rent relief
Compensation: Bond refund	$1,000.00	Bond refund
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$7,685.85
Total payable by Landlord to Tenant

Order

[The tenant/s] landlord/s] must pay [The tenant/s] tenant/s] $7,685.85 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing held on 4 August 2026.
The tenancy commenced in 2018 between this tenant’s ex-partner and a different landlord.
On 28 February 2024 this landlord purchased the property subject to this tenancy.
At some stage the tenant’s ex-partner left the tenancy. On the date that the landlord took over this tenant was the person paying the rent and she was the person the landlord met at that time. In May 2024 the tenant asked the landlord for a new tenancy agreement, but this did not occur. Instead, the landlord collected the rent from this tenant even though it is not the same person on the tenancy agreement with the previous landlord.
Consequently, the bond is held by the Bond Centre in the name of the previous tenant and this landlord. While I have awarded the bond to the tenant it is for the landlord to obtain the bond money from the Bond Centre given that she failed to update the tenant details.
The tenancy ended on 14 June 2026. Tenant application
The tenant has applied for compensation due to the failings of the landlord in relation to respond to maintenance issues raised by the tenant in January 2026.
The tenant sent an email to the landlord on 27 January 2026 raising many issues including; (a) Asking for air conditioning (heat pump); (b) Mould on the ceilings and walls; (c) Accident on the broken outside steps; (d) Gutter needs cleaning; (e) Water leaking into the garage.
When asked whether she replied to the tenant’s email the landlord said she did not reply in writing. She said she advised the tenant that she would look into it but took no action.
The tenant produced photographs of the premises from the date when she moved out. The property is in a very bad condition. There is mould on many surfaces and large amounts of paint peeling from ceilings. The property almost appears non habitable.
The landlord has applied for resource consent to demolish the premises and build new homes. It seems that it is because of this that she has been reluctant to carry out basic maintenance at the premises.
There is no evidence that the landlord undertook any investigation into mould at the premises. At the hearing she referred to mould being due to lack of ventilation by the tenant, but she also seeks to be exempt from the Healthy Homes standards due to resource consent for demolition. Therefore, there is no evidence that the premises comply with the Healthy Homes standards and in particular the ventilation and drainage standards which are relevant for water ingress and mould.
There had been a previous leak in the shower in April 2025 which the landlord said was resolved in May 2025. A photograph of the framing behind the shower shows that it is likely that the leak has been present for a long time. In the photograph it appears that all the wood is rotten.
There was another bathroom leak in November 2025 and the tenant was without hot water for a week in December 2025.
The landlord said that she had someone look at the roof to ensure that there were no leaks but had no evidence of this. The tenant said that the garage leaked from the ceiling whenever it rained. The tenant asked for the landlord to clean the gutter to address this issue, but it was never done. The tenant said that she lost many belongings due to the leaking in the garage.
The landlord’s response was that the garage is not a habitable living area and has never been represented as being fully watertight.
The tenant is entitled to store her belongings in the garage and for those belongings not to be damaged due to water ingress.
The tenant had advised the landlord that she had fallen on the broken outside steps. The tenant produced a photograph showing that the bottom rung of the step had come away and the nail between the rung and the runner was sticking out. When asked about this the landlord said the steps are still functioning and are not broken. The steps are clearly broken as evidenced in the photograph.
The tenant produced a medical certificate dated 22 April 2026 which states that the tenant had a fall in November 2025, but her hand still hurts.
The tenant is awarded compensation for the landlord’s failure to address maintenance issues in relation to the matters raised in the tenant’s email dated 27 January 2026. Those matters were the mould, the steps, gutter and garage.
There is a period of 19 weeks and 6 days between the tenant’s email advising the landlord of the issues and the end of the tenancy. I have awarded the tenant compensation of $275.00 per week that the landlord failed to respond to these maintenance issues.
The tenant requested a heat pump at the premises and the landlord confirmed that there is no heating.
The Housing Improvement Regulations 1947 set out the minimum standards that apply to premises, including: “6.Every living room shall be fitted with a fireplace and chimney or other approved form of heating.”
The house does not have an approved from of heating in the living room.
The tenant is awarded compensation for lack of heating for the tenancy under this landlord. This is calculated at $10.00 per week from 28 February 2024 until 14 June 2026.
The total compensation for the heating and the other maintenance issues raised in the January 2026 email is $6,657.85. Watercare
The tenant raised the issue of the Watercare invoices which she says were extremely high and likely due to water leaks at the property. The tenant said she did not have access to the invoices from Watercare as they were not in her name. Even though they are likely to be in the landlord’s name the landlord has never accessed the invoices.
The landlord said at the hearing that she had never received any water invoices from Watercare. However, her submissions include an email from the tenant dated 9 March 2026 which shows water invoices sent to her.
The tenant has paid all the water rates for this property even when she had advised the landlord of water leaks and high-water consumption. I think there was one occasion where she had a deduction of $50.00 in relation to water. She did not pay the final invoice of $500.00. It is not clear that amount is for the period of the tenancy.
At the hearing the landlord said that she will reimburse the tenant with all the fixed water charges that the tenant has paid over the 28 months of the tenancy. In addition, the landlord said that she will reimburse the tenant for excess water consumption due to high water bills and water leaks. Unfortunately, this is not a matter that the Tribunal could determine because no water invoices were provided for the hearing. If the tenant is not satisfied with the response from the landlord in relation to water rates she may make a further application to the Tribunal.
Because [The tenant/s] tenant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Topics & place

Topics are dispute themes across the order (not the same as claim-type money lines).

Cleanliness Compensation Filing Fee Healthy homes Leaks Mould & damp Auckland

Residential Tenancies Act sections

s1947

Key findings

Dispute theme: cleaning
Dispute theme: healthy homes
Dispute theme: mould

Frequently asked questions

Common questions about this Tenancy Tribunal case.

What was Tenancy Tribunal case 5482729 about?

The tribunal order states: [The tenant/s] landlord/s] must pay [The tenant/s] tenant/s] $7,685.85 immediately, calculated as

How much money was awarded in case 5482729?

Compensation: Bond Refund: $1,000.00 awarded to tenant; Compensation: Rent Relief: $6,657.85 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5482729?

The dispute type was not classified.

Where can I read the official tribunal order for case 5482729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13996859-Tribunal_Order.pdf.

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Claims and awards in Tenancy Tribunal application 5482729 — net $7,685.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Compensation: Rent relief

$6,657.85

Rent relief

Compensation: Bond refund

$1,000.00

Bond refund

Filing fee reimbursement

$28.00

Filing fee reimbursement

Net award

$7,685.85

Total payable by Landlord to Tenant

Reasons

Both parties attended the hearing held on 4 August 2026.

The tenancy commenced in 2018 between this tenant’s ex-partner and a different landlord.

On 28 February 2024 this landlord purchased the property subject to this tenancy.

At some stage the tenant’s ex-partner left the tenancy. On the date that the landlord took over this tenant was the person paying the rent and she was the person the landlord met at that time. In May 2024 the tenant asked the landlord for a new tenancy agreement, but this did not occur. Instead, the landlord collected the rent from this tenant even though it is not the same person on the tenancy agreement with the previous landlord.

Consequently, the bond is held by the Bond Centre in the name of the previous tenant and this landlord. While I have awarded the bond to the tenant it is for the landlord to obtain the bond money from the Bond Centre given that she failed to update the tenant details.

The tenancy ended on 14 June 2026. Tenant application

The tenant has applied for compensation due to the failings of the landlord in relation to respond to maintenance issues raised by the tenant in January 2026.

The tenant sent an email to the landlord on 27 January 2026 raising many issues including; (a) Asking for air conditioning (heat pump); (b) Mould on the ceilings and walls; (c) Accident on the broken outside steps; (d) Gutter needs cleaning; (e) Water leaking into the garage.

When asked whether she replied to the tenant’s email the landlord said she did not reply in writing. She said she advised the tenant that she would look into it but took no action.

The tenant produced photographs of the premises from the date when she moved out. The property is in a very bad condition. There is mould on many surfaces and large amounts of paint peeling from ceilings. The property almost appears non habitable.

The landlord has applied for resource consent to demolish the premises and build new homes. It seems that it is because of this that she has been reluctant to carry out basic maintenance at the premises.

There is no evidence that the landlord undertook any investigation into mould at the premises. At the hearing she referred to mould being due to lack of ventilation by the tenant, but she also seeks to be exempt from the Healthy Homes standards due to resource consent for demolition. Therefore, there is no evidence that the premises comply with the Healthy Homes standards and in particular the ventilation and drainage standards which are relevant for water ingress and mould.

There had been a previous leak in the shower in April 2025 which the landlord said was resolved in May 2025. A photograph of the framing behind the shower shows that it is likely that the leak has been present for a long time. In the photograph it appears that all the wood is rotten.

There was another bathroom leak in November 2025 and the tenant was without hot water for a week in December 2025.

The landlord said that she had someone look at the roof to ensure that there were no leaks but had no evidence of this. The tenant said that the garage leaked from the ceiling whenever it rained. The tenant asked for the landlord to clean the gutter to address this issue, but it was never done. The tenant said that she lost many belongings due to the leaking in the garage.

The landlord’s response was that the garage is not a habitable living area and has never been represented as being fully watertight.

The tenant is entitled to store her belongings in the garage and for those belongings not to be damaged due to water ingress.

The tenant had advised the landlord that she had fallen on the broken outside steps. The tenant produced a photograph showing that the bottom rung of the step had come away and the nail between the rung and the runner was sticking out. When asked about this the landlord said the steps are still functioning and are not broken. The steps are clearly broken as evidenced in the photograph.

The tenant produced a medical certificate dated 22 April 2026 which states that the tenant had a fall in November 2025, but her hand still hurts.

The tenant is awarded compensation for the landlord’s failure to address maintenance issues in relation to the matters raised in the tenant’s email dated 27 January 2026. Those matters were the mould, the steps, gutter and garage.

There is a period of 19 weeks and 6 days between the tenant’s email advising the landlord of the issues and the end of the tenancy. I have awarded the tenant compensation of $275.00 per week that the landlord failed to respond to these maintenance issues.

The tenant requested a heat pump at the premises and the landlord confirmed that there is no heating.

The Housing Improvement Regulations 1947 set out the minimum standards that apply to premises, including: “6.Every living room shall be fitted with a fireplace and chimney or other approved form of heating.”

The house does not have an approved from of heating in the living room.

The tenant is awarded compensation for lack of heating for the tenancy under this landlord. This is calculated at $10.00 per week from 28 February 2024 until 14 June 2026.

The total compensation for the heating and the other maintenance issues raised in the January 2026 email is $6,657.85. Watercare

The tenant raised the issue of the Watercare invoices which she says were extremely high and likely due to water leaks at the property. The tenant said she did not have access to the invoices from Watercare as they were not in her name. Even though they are likely to be in the landlord’s name the landlord has never accessed the invoices.

The landlord said at the hearing that she had never received any water invoices from Watercare. However, her submissions include an email from the tenant dated 9 March 2026 which shows water invoices sent to her.

The tenant has paid all the water rates for this property even when she had advised the landlord of water leaks and high-water consumption. I think there was one occasion where she had a deduction of $50.00 in relation to water. She did not pay the final invoice of $500.00. It is not clear that amount is for the period of the tenancy.

At the hearing the landlord said that she will reimburse the tenant with all the fixed water charges that the tenant has paid over the 28 months of the tenancy. In addition, the landlord said that she will reimburse the tenant for excess water consumption due to high water bills and water leaks. Unfortunately, this is not a matter that the Tribunal could determine because no water invoices were provided for the hearing. If the tenant is not satisfied with the response from the landlord in relation to water rates she may make a further application to the Tribunal.

Because [The tenant/s] tenant/s] has substantially succeeded with the claim I have reimbursed the filing fee.