Tenantcheck Insights · Case study
Tenancy Tribunal case 5489610 — Property damage at 295 Marine Parade, Napier South, Napier 4110
Published 27 May 2026 · Application 5489610
Tenant favoured
- Property damage
At a glance
Key facts from the published tribunal order.
Outcome
Tenant favoured
From published order
Location
Napier
Tribunal region
Adjudicator
B King
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $728.00
- Total balance for Landlord to pay Tenant
- $728.00
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Compensation: hob | $450.00 | hob | |
| Compensation: other repairs | $250.00 | other repairs | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $728.00 | ||
| Total payable by Landlord to Tenant | $728.00 |
Claims and awards for application 5489610 — net $728.00 NZD. Verify on MoJ.
Compensation: hob
- Amount
- $450.00
- Awarded to
- Tenant
- Reason
- hob
Compensation: other repairs
- Amount
- $250.00
- Awarded to
- Tenant
- Reason
- other repairs
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Tenant
- Reason
- Filing fee reimbursement
Net award
Tenant $728.00
Total payable by Landlord to Tenant
Tenant $728.00
Claim types — money lines allowed on this order
Order
- By consent, by Friday 29 May 2026, the landlord will have its handyman: a. complete repair of the door catches; b. fix the toilet seat; c. secure the dining chair seats; d. check and ensure there are no unreasonable gaps or holes in the premises breaching the Healthy Homes draught stopping standard.
- Work Order 1 is made by consent so no alternative monetary Order is required. 1
- Manage It PM Limited as Agent for Extara Enterprises Limited must pay Camila Rosario Tula Picon $728.00 immediately, calculated below:
Reasons
- Both parties attended the hearing. Background
- The parties entered into a periodic tenancy agreement starting on 31 October 2025.
- The tenant’s evidence is that a series of issues with the property began from when she moved in. There was no recycling bin, she was told the security cameras were disconnected and a light in the living room was faulty.
- On 5 December 2025 the kitchen hob stopped working. During an inspection in December the tenant told the property manager that the toilet seat needed to be fixed.
- The tenant says that at the same inspection she noted that some door catches were not working, although the available evidence does not prove that issue was raised before her e-mail to the property manager on 24 February 2026.
- A replacement hob was installed on 8 January 2026. In the meantime the tenant had bought a small portable element to use.
- A recycling bin was provided on 25 January 2026, after follow up from the tenant.
- Again, after follow up from the tenant, she was told she could use and have access to the security cameras at a cost of $200.00. She was then given the ability to access the cameras without charge.
- Two of three door catches needing repair were fixed on 24 April 2026. The property manager says that the handyman will be visiting again this Friday 29 May 2026 to fix the remaining door catch. He will also be asked to fix the toilet seas and dining chairs, which haven’t yet been repaired. He will do a check for draughts at the premises. Claims
- The tenant claims compensation for: a. the premises not being compliant with Healthy Homes Standards b. not having use of the hob for 5 weeks c. the delays in having the door catches, toilet seat and chairs repaired.
- Essentially, she says that she is paying $750.00 per week for premises that should have been provided in better condition and that the issues she raised should have been attended to much more quickly. Healthy Homes compliance
- The main concern about Healthy Homes compliance from the tenant’s point of view is the temperature inside the premises. She says that outside the lounge where the heat pump is, it is very cold. The property manager acknowledges that this is an older property and is cold and has offered some additional heaters.
- The heating standard requires landlords to provide one or more ‘qualifying heaters’, with a capacity to heat the main living room to a required level.
- The Healthy Homes compliance statement provided with the agreement says there is a sufficiently large heat pump in the lounge. The tenant does not dispute that.
- The property manager’s evidence is that before the tenancy began a Heathy Homes assessment was done, which showed that the open fire needed to be draught stopped. That was done which made the premises compliant. The property manager has provided a copy of the Healthy Homes compliance certificate issued at that time.
- I do not find it proved that the premises do not comply with Healthy Homes standards.
- The tenant also has a concern about draughts. The evidence does not show unreasonable holes or gaps that could be the cause of draughts but the landlord will have the handyman check when he is at the premises on 29 May. Hob
- A hob is an essential facility in residential premises. The tenant was without one for around 5 weeks from 5 December 2025 to 8 January 2026. Her evidence is because of that, she initially brought prepared food thinking the replacement should be quick, then bought a small portable hob to cook with when replacement was delayed. She says it was a particular inconvenience over Christmas when she had to cook festive food elsewhere and bring it back.
- Whether or not the delay in providing the replacement hob was within the landlord’s control, for that period the tenant was paying full rent for premises that were not fully functional. The tenant is entitled to compensation because the responsibility to provide that facility is the landlord’s.
- I calculate compensation at $70.00 per week for loss of amenity plus an additional modest sum to recognise the tenant’s out of pocket costs for additional pre-prepared food and purchase of the alternative portable hob. Other repairs
- The evidence satisfies me that the small repairs to the door catches, toilet seat (clearly raised with landlord at the beginning January) and kitchen chairs, were not completed within the time frame the tenant was entitled to expect and that in those respects, the landlord breached its obligation to provide and maintain the premises in a reasonable state of repair. 2
- It is difficult to calculate quantifiable losses caused to the tenant. She says that a flatmate occupying one of the rooms chose to move out because the door wouldn’t close securely but the Tribunal would need more evidence about that before awarding compensation for inability to rent out that room.
- There is however an aggravation factor, impacting on a tenant’s use and enjoyment of the premises, in living in premises with repairs, albeit relatively minor ones, not attended to and having to chase up the landlord to have them done.
- I make a small award of compensation to recognise the effect of those breaches.
- Because Camila Rosario Tula Picon has succeeded with claims I must reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s10, s21
Key findings
- Dispute theme: property damage
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5489610?
The tribunal order states: By consent, by Friday 29 May 2026, the landlord will have its handyman:
How much money was awarded in case 5489610?
Compensation: Hob: $450.00 awarded to tenant; Property Damage: $250.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant
What type of tenancy dispute was case 5489610?
The primary dispute was Property damage.
Where can I read the official tribunal order for case 5489610?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13662535-Tenancy_Tribunal_Order.pdf.