What was Tenancy Tribunal case 5504369 about?

The tribunal order states: The Tenant has applied for name suppression and the Tribunal orders

How much money was awarded in case 5504369?

Compensation: $2,214.00 awarded to tenant; Property Damage: $3,600.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5504369?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5504369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14044957-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5504369 about?

The tribunal order states: The Tenant has applied for name suppression and the Tribunal orders

How much money was awarded in case 5504369?

Compensation: $2,214.00 awarded to tenant; Property Damage: $3,600.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5504369?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5504369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14044957-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5504369 — Exemplary damages

Claims and awards in Tenancy Tribunal application 5504369 — net $5,842.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation	$2,214.00	Compensation
Exemplary damages	$3,600.00	Exemplary damages
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,842.00
Total payable by Landlord to Tenant	$5,842.00

Order

The Tenant has applied for name suppression and the Tribunal orders suppression of the Tenants name and identifying details.
The landlord must carry out the following work to the premises, which must be completed by 15 October 2026. a) Repair the deck, gate and stairs
As an alternative to compliance with Order 2, the landlord must pay the tenant $3,000.00 immediately.
If the landlord fails to comply with either Order 2 or 3 above, then the tenant may undertake the work and charge the landlord the costs of this work up to $10,000.00. These costs may be set off against rent payable.
[The landlord/s] must pay [The tenant/s] $5,842.00 immediately.

Reasons

The tenant attended the hearing. The landlord did not appear.
The tenant has applied for compensation, exemplary damages and reimbursement of the filing fee. Background
The tenant submits that the deck, deck stairs and deck gate at the property, which was built around 1970, have been in a deteriorated and unsafe condition since 2024. These areas are affected by rotten timber. The tenant recalls being warned by the Landlord in approximately 2022–2023 to be careful when using the deck. He recalls a builder attending the property in December 2024 for an inspection but no repairs were made.
On 14 January 2025, the tenant stepped on a rotten step and injured his hip, for which medical evidence has been provided. He subsequently attended his GP and awaits the result of an X-ray taken on 31 July 2026 because of the continuing discomfort.
On 28 January 2025, the tenant formally notified the landlord by email of the damage and provided photographs. On 13 February 2025, the landlord they had organised builders to provide a quote for the repair. The tenant says however it became a pattern of the Landlord arranging builders but the repairs were not completed.
During a routine inspection in March 2025, the tenant again raised the unsafe condition of the deck with the property manager. The Tenant was advised then by the property manager that the Landlord had sent him a text message previously advising that the deck should not be used, The Tenant did not receive that message from the Landlord and speculates it may have been due to the change in property manager at that time. The tenant states that he stopped using the deck in March 2025 after receiving an email instructing him not to use it.
In March 2026, the tenant served the landlord with a 14-day notice to remedy the outstanding repairs. Discussions followed with the landlord, [The landlord/s], and mediation was attempted. The tenant states that he was repeatedly given different proposed timeframes for the work, including August 2026, September 2026 or the following month, but no clear completion date was provided. Email correspondence was provided between the Tenant and landlord confirming this. The Tenant says since his notification in January 2025, he has no record of the deck, stairs or gate actually being repaired despite repeated builder inspections.
The tenant states that the unsafe condition has significantly affected his use and enjoyment of the property, including preventing him from safely using the deck, requiring him to sometimes hang washing inside his living area. He is unable to place his vegetable plants on the deck and he has to walk around the side of the house to access the backyard. When visitors come from overseas, he cannot enjoy the use of the deck with his visitors. He continues to experience back discomfort although he acknowledges he had a spinal injury approximately 20 years ago and three subsequent surgeries. The tenant has provided photographs of the deck, emails notifying the landlord of the damage, landlord correspondence regarding quotes and builders, the 14-day notice issued in March 2026 and records of rent payments. Work order
The tenant claims that the landlord did not maintain the deck, gate and deck stairs to a reasonable standard of repair. The tenant wants the problem fixed.
Under section 45(1)(a) - (ca) Residential Tenancies Act 1986, the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements.
Where the Tribunal finds the landlord has failed to comply with any of these obligations, it may make an order for the landlord to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.
If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order. This provision does not apply to any work order, or part of a work order, in relation to smoke alarms, insulation, a failure to comply with a standard of fitness under section 120C Health Act 1956, or a failure to comply with any health or safety legislative requirement. See sections 78(2) and 78(2AA) Residential Tenancies Act 1986.
A work order may also authorise the tenant to undertake the work and charge the landlord the costs of doing the work, if the landlord should fail to comply with the work order and alternative monetary order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be set off by the tenant against rent payable. See sections 78(2AAB) and 78(2AAC)(b) Residential Tenancies Act 1986.

Has the landlord failed to comply with their obligations?

I find that the Landlord has clearly breached their obligations by failing to maintain the deck to a reasonable standard of repair. I accept the Tenant’s evidence that the deck has been unusable since January 2025, supported by evidence of the Tenant’s injury and the email correspondence between the Tenant and the Landlord. The Landlord acknowledges the deck needs to be repaired and is unsafe to use. The Landlord has failed to repair the deck for more than 17 months, despite being aware of the defect, the Tenant’s injury, and the Tribunal proceedings. This prolonged failure is unacceptable. The Tenant gave evidence that they would not have brought this claim had the Landlord provided a firm date for the repairs. The Landlord has also failed to appear at the hearing or provide any evidence to explain or justify the delay. In these circumstances, I find that the Landlord has breached their obligations.
I accept the Tenant’s evidence that he was advised by a builder it would cost approximately $10,000.00 to repair. I find this is the maximum amount payable should the Tenant undertake the repair work. Compensation
[The tenant/s] claims compensation because the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Section 45 requires a landlord to provide and maintain the premises in a reasonable state of repair. I refer to paragraphs 3–8 my findings for the Landlords breach.
In considering the evidence, I find that the Landlord’s failure to repair the deck resulted in a loss of amenity to the Tenant, who was unable to use the deck from January 2025 to 11 August 2026, a period of 82 weeks. While the deck forms part of the premises, it is ancillary to the primary living areas and not used to the same extent as those areas. I therefore consider that an allowance of 5% of the weekly rent reflects the Tenant’s loss of amenity. The weekly rent is $540.00, and 5% equates to $27.00 per week. For the 82-week period, this results in an award of $2,214.00.
The amount ordered is proved. Exemplary damages
Breaching section 45 is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
I find the Landlord has committed an unlawful act in failing to maintain the deck area and refer to paragraphs 3-8.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
The Landlord was notified in January 2025 of the condition of the deck. Despite the Tenant serving a 14-day notice, suffering an injury arising from the condition of the deck, and filing an application with the Tribunal, the Landlord has still failed to repair the deck or provide a firm date for the repairs to commence. I accept the Tenant’s submission that the Landlord’s conduct was deliberate. The Tenant submitted that when they notified the Landlord of other defects at the property, the Landlord promptly arranged for those matters to be repaired. In contrast, the Landlord has been aware of the defects affecting the deck since at least 2022 and has engaged more than 10 builders in relation to the property, yet the deck remains unrepaired.
The consequences for the Tenant have been considerable. The Tenant has been deprived of the use and enjoyment of the deck, suffered a physical injury arising from its condition, and experienced ongoing stress and uncertainty as to when the matter would be resolved. It is in the public interest that landlords are held accountable for failing to maintain rental premises to a reasonable standard of repair.
In considering the evidence, the Landlord’s inaction in failing to remedy the breach, the effect on the Tenant, and the interests of the public in landlords complying with their statutory obligations, I am satisfied that an award of exemplary damages is appropriate. I therefore award the Tenant $3600.00 in exemplary damages.
As [The applicant/s] has wholly succeeded with the claim, the landlord shall reimburse the filing fee and name suppression is granted to the Tenant.

Claims and awards in Tenancy Tribunal application 5504369 — net $5,842.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation	$2,214.00	Compensation
Exemplary damages	$3,600.00	Exemplary damages
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,842.00
Total payable by Landlord to Tenant	$5,842.00

Order

The Tenant has applied for name suppression and the Tribunal orders suppression of the Tenants name and identifying details.
The landlord must carry out the following work to the premises, which must be completed by 15 October 2026. a) Repair the deck, gate and stairs
As an alternative to compliance with Order 2, the landlord must pay the tenant $3,000.00 immediately.
If the landlord fails to comply with either Order 2 or 3 above, then the tenant may undertake the work and charge the landlord the costs of this work up to $10,000.00. These costs may be set off against rent payable.
[The landlord/s] must pay [The tenant/s] $5,842.00 immediately.

Reasons

The tenant attended the hearing. The landlord did not appear.
The tenant has applied for compensation, exemplary damages and reimbursement of the filing fee. Background
The tenant submits that the deck, deck stairs and deck gate at the property, which was built around 1970, have been in a deteriorated and unsafe condition since 2024. These areas are affected by rotten timber. The tenant recalls being warned by the Landlord in approximately 2022–2023 to be careful when using the deck. He recalls a builder attending the property in December 2024 for an inspection but no repairs were made.
On 14 January 2025, the tenant stepped on a rotten step and injured his hip, for which medical evidence has been provided. He subsequently attended his GP and awaits the result of an X-ray taken on 31 July 2026 because of the continuing discomfort.
On 28 January 2025, the tenant formally notified the landlord by email of the damage and provided photographs. On 13 February 2025, the landlord they had organised builders to provide a quote for the repair. The tenant says however it became a pattern of the Landlord arranging builders but the repairs were not completed.
During a routine inspection in March 2025, the tenant again raised the unsafe condition of the deck with the property manager. The Tenant was advised then by the property manager that the Landlord had sent him a text message previously advising that the deck should not be used, The Tenant did not receive that message from the Landlord and speculates it may have been due to the change in property manager at that time. The tenant states that he stopped using the deck in March 2025 after receiving an email instructing him not to use it.
In March 2026, the tenant served the landlord with a 14-day notice to remedy the outstanding repairs. Discussions followed with the landlord, [The landlord/s], and mediation was attempted. The tenant states that he was repeatedly given different proposed timeframes for the work, including August 2026, September 2026 or the following month, but no clear completion date was provided. Email correspondence was provided between the Tenant and landlord confirming this. The Tenant says since his notification in January 2025, he has no record of the deck, stairs or gate actually being repaired despite repeated builder inspections.
The tenant states that the unsafe condition has significantly affected his use and enjoyment of the property, including preventing him from safely using the deck, requiring him to sometimes hang washing inside his living area. He is unable to place his vegetable plants on the deck and he has to walk around the side of the house to access the backyard. When visitors come from overseas, he cannot enjoy the use of the deck with his visitors. He continues to experience back discomfort although he acknowledges he had a spinal injury approximately 20 years ago and three subsequent surgeries. The tenant has provided photographs of the deck, emails notifying the landlord of the damage, landlord correspondence regarding quotes and builders, the 14-day notice issued in March 2026 and records of rent payments. Work order
The tenant claims that the landlord did not maintain the deck, gate and deck stairs to a reasonable standard of repair. The tenant wants the problem fixed.
Under section 45(1)(a) - (ca) Residential Tenancies Act 1986, the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements.
Where the Tribunal finds the landlord has failed to comply with any of these obligations, it may make an order for the landlord to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.
If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order. This provision does not apply to any work order, or part of a work order, in relation to smoke alarms, insulation, a failure to comply with a standard of fitness under section 120C Health Act 1956, or a failure to comply with any health or safety legislative requirement. See sections 78(2) and 78(2AA) Residential Tenancies Act 1986.
A work order may also authorise the tenant to undertake the work and charge the landlord the costs of doing the work, if the landlord should fail to comply with the work order and alternative monetary order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be set off by the tenant against rent payable. See sections 78(2AAB) and 78(2AAC)(b) Residential Tenancies Act 1986.

Has the landlord failed to comply with their obligations?

I find that the Landlord has clearly breached their obligations by failing to maintain the deck to a reasonable standard of repair. I accept the Tenant’s evidence that the deck has been unusable since January 2025, supported by evidence of the Tenant’s injury and the email correspondence between the Tenant and the Landlord. The Landlord acknowledges the deck needs to be repaired and is unsafe to use. The Landlord has failed to repair the deck for more than 17 months, despite being aware of the defect, the Tenant’s injury, and the Tribunal proceedings. This prolonged failure is unacceptable. The Tenant gave evidence that they would not have brought this claim had the Landlord provided a firm date for the repairs. The Landlord has also failed to appear at the hearing or provide any evidence to explain or justify the delay. In these circumstances, I find that the Landlord has breached their obligations.
I accept the Tenant’s evidence that he was advised by a builder it would cost approximately $10,000.00 to repair. I find this is the maximum amount payable should the Tenant undertake the repair work. Compensation
[The tenant/s] claims compensation because the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Section 45 requires a landlord to provide and maintain the premises in a reasonable state of repair. I refer to paragraphs 3–8 my findings for the Landlords breach.
In considering the evidence, I find that the Landlord’s failure to repair the deck resulted in a loss of amenity to the Tenant, who was unable to use the deck from January 2025 to 11 August 2026, a period of 82 weeks. While the deck forms part of the premises, it is ancillary to the primary living areas and not used to the same extent as those areas. I therefore consider that an allowance of 5% of the weekly rent reflects the Tenant’s loss of amenity. The weekly rent is $540.00, and 5% equates to $27.00 per week. For the 82-week period, this results in an award of $2,214.00.
The amount ordered is proved. Exemplary damages
Breaching section 45 is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
I find the Landlord has committed an unlawful act in failing to maintain the deck area and refer to paragraphs 3-8.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
The Landlord was notified in January 2025 of the condition of the deck. Despite the Tenant serving a 14-day notice, suffering an injury arising from the condition of the deck, and filing an application with the Tribunal, the Landlord has still failed to repair the deck or provide a firm date for the repairs to commence. I accept the Tenant’s submission that the Landlord’s conduct was deliberate. The Tenant submitted that when they notified the Landlord of other defects at the property, the Landlord promptly arranged for those matters to be repaired. In contrast, the Landlord has been aware of the defects affecting the deck since at least 2022 and has engaged more than 10 builders in relation to the property, yet the deck remains unrepaired.
The consequences for the Tenant have been considerable. The Tenant has been deprived of the use and enjoyment of the deck, suffered a physical injury arising from its condition, and experienced ongoing stress and uncertainty as to when the matter would be resolved. It is in the public interest that landlords are held accountable for failing to maintain rental premises to a reasonable standard of repair.
In considering the evidence, the Landlord’s inaction in failing to remedy the breach, the effect on the Tenant, and the interests of the public in landlords complying with their statutory obligations, I am satisfied that an award of exemplary damages is appropriate. I therefore award the Tenant $3600.00 in exemplary damages.
As [The applicant/s] has wholly succeeded with the claim, the landlord shall reimburse the filing fee and name suppression is granted to the Tenant.

Tenancy Tribunal case 5504369 — Exemplary damages

At a glance

Award balance

Tenancy Tribunal case 5504369 — Exemplary damages

At a glance

Award balance

Claims & awards

Order

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Claims & awards

Order

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.