What was Tenancy Tribunal case 5512696 about?

The tribunal order states: By consent the tenancy of [The tenant/s] tenant/s] at Unit/Flat Unit 66, 10

How much money was awarded in case 5512696?

Compensation: $300.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5512696?

The dispute type was not classified.

Where can I read the official tribunal order for case 5512696?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13969989-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5512696 about?

The tribunal order states: By consent the tenancy of [The tenant/s] tenant/s] at Unit/Flat Unit 66, 10

How much money was awarded in case 5512696?

Compensation: $300.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5512696?

The dispute type was not classified.

Where can I read the official tribunal order for case 5512696?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13969989-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 66, 10 Buffon Street, Waltham, Christchurch Tenancy Tribunal Case 5512696 — Tenancy dispute

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5512696 — net $328.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation (bathroom wall/ceiling	$300.00	Compensation (bathroom wall/ceiling
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$328.00
Total payable by Landlord to Tenant	$328.00

By consent the tenancy of [The tenant/s] tenant/s] at Unit/Flat Unit 66, 10 Buffon Street, Waltham, Christchurch 8023 is terminated, and possession is granted to Quinovic Property Management (NZ) Limited, at 11:59pm on Sunday, 2 August 2026.

Quinovic Property Management (NZ) Limited must pay [The tenant/s] tenant/s] $328.00 immediately, calculated as shown in table below: DescriptionTenant Compensation (bathroom wall/ceiling) $300.00 Filing fee reimbursement $28.00 Total award $328.00 Total payable by Landlord to Tenant $328.00

All other claims are dismissed.

Reasons

Both parties attended the hearing.

The tenant had applied for compensation, exemplary and a declaration that a Notice to End the tenancy was retaliatory.

The landlord had applied for a possession order.

After the applications were filed, it was agreed that the tenancy would end on 2 August 2026.

The premises are a bedroom and ensuite within a larger dwelling. Mr O’Neill’s premises are on the ground floor with the kitchen/living room. There are two other bedrooms each with an ensuite upstairs. The kitchen and living facilities are shared by all tenants.

In January 2026, the parties discovered a leak from Mr O’Neill’s ensuite which is causing damage to wall linings and dampness through to his wardrobe. The landlord received advice that the shower has not been installed correctly. As a result, the bathroom needs to be stripped out and a new shower installed. The work is expected to take 6 weeks. Mr O’Neill would not have access to bathroom facilities during that time, so the landlord issued a termination notice under s59A Residential Tenancies Act (RTA). The landlord offered Mr O’Neill alternative premises in another bedroom/ensuite rental within the same complex. 1

Mr O’Neill claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 and says that the landlord failed to provide and maintain the premises in a reasonable state of repair.

Mr O’Neill alleges that there were persistent issues with mould and dampness which the landlord failed to address. He says the issue existed since 2021 and that there was continuous communication with the landlord regarding mould and damp.

However, the documentary evidence shows that there were discrete incidents which the landlord attended to, within reasonable timeframes. A leak in the laundry was repaired in 2021. A leak in an upstairs bathroom was repaired in 2024/2025. Mr O’Neill’s ensuite was painted in 2023. Unfortunately, it appears that the wall and ceiling repaint were not carried out to a reasonable standard, in that the paint has flaked away from the surface. The photographs show the paint in these areas as flaky; they do not show mould or mildew. As the repair was not done to a reasonable standard, I accept that there has been a modest loss of amenity to Mr O’Neill and award him $300 for the bathroom wall/ceiling.

The area of mould is along the base of Mr O’Neill’s shower and in his wardrobe (which backs on to the shower). Mr O’Neill raised this issue with the landlord in January 2026. The landlord arranged for an inspection immediately, and moisture readings identified that the shower was leaking. The landlord acted promptly to identify the cause of the moisture and an appropriate remedial solution. 1 The landlord claims that the tenancies would have been virtually identical. Mr O’Neill disputes that because he would not have been able to have computer/gaming equipment in the shared living space, as he does now.

Mr O’Neill did not raise any concerns with moisture in his wardrobe or the base of his shower leaking before 2026. Mr O’Neill has not identified what the landlord could or should have done to identify the shower leak earlier. Photographs from routine inspection reports seem to show discolouration in and around the shower area but this appears to be a cleaning issue, rather than evidence of dampness. A failure to pre-empt a leak, is not a failure to maintain. Mr O’Neill has not established a breach of the landlord’s obligation to repair and maintain in relation to the leak in his shower and the subsequent dampness in his wardrobe. That aspect of the claim is dismissed.

For completeness, I note that Mr O’Neill claimed compensation more than $8,000 for items in his wardrobe but did not provide any evidence of damage to his clothing. So, even if a breach had been established, any compensation would have been nominal.

Mr O’Neill accepts that the shower needs to be replaced and that he would not have access to a bathroom while that work is done but claims that the landlord’s notice to end the tenancy was retaliatory and seeks compensation and/or exemplary damages for that. Mr O’Neill has not established those claims. The landlord did not cause the leak, the leak has not worsened because of any action or inaction by the landlord. The professional advise is that the shower needs to be replaced, and the work will take 6 weeks. Mr O’Neill was offered comparable alternative premises but did not accept those. This aspect of the claim is dismissed.

As Mr O’Neill was partially successful, I have awarded reimbursement of the Tribunal application fee.

Order

Claims and awards in Tenancy Tribunal application 5512696 — net $328.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation (bathroom wall/ceiling	$300.00	Compensation (bathroom wall/ceiling
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$328.00
Total payable by Landlord to Tenant	$328.00

All other claims are dismissed.

Reasons

Both parties attended the hearing.

The tenant had applied for compensation, exemplary and a declaration that a Notice to End the tenancy was retaliatory.

The landlord had applied for a possession order.

After the applications were filed, it was agreed that the tenancy would end on 2 August 2026.

As Mr O’Neill was partially successful, I have awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 5512696 — Tenancy dispute at Unit/Flat Unit 66, 10 Buffon Street, Waltham, Christchurch

At a glance

Tenancy Tribunal case 5512696 — Tenancy dispute at Unit/Flat Unit 66, 10 Buffon Street, Waltham, Christchurch

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.