Tenant Awarded Compensation for Ant Infestation Issues
📌 In brief
The Tenancy Tribunal awarded compensation to tenants for additional expenses incurred due to ant infestation issues caused by the landlord's failure to maintain the premises in a clean condition. The tenants were compensated for additional rent and moving costs.
⚖️ Legal holding
A tenant is entitled to compensation for additional expenses incurred due to a breach of the landlord's obligation to maintain the premises in a reasonably clean condition.
📖 Technical summary
The Tenancy Tribunal awarded compensation to tenants due to ant infestation issues.
📜 Headnote Official document
The Tenancy Tribunal awarded compensation to tenants for additional expenses incurred due to ant infestation issues caused by the landlord's failure to maintain the premises in a clean condition. The tenants were compensated for additional rent and moving costs.
📚 Full judgment Official document
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[2025] NZTT 5103070
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted] [NAME]
Landlord
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [NAME] and [NAME] $1,314.00 immediately.
Reasons:
1. Both parties attended the hearing. [NAME] and [NAME] represented the landlords.
2. The tenants, [NAME], applied for compensation for failure by the landlords’ to provide the premises in a reasonably clean condition, in particular, providing premises which had an ant infestation.
3. The tenants had a tenancy of the premises ([ADDRESS]) commencing on 29 November 2024. Rent was agreed at $610.00 per week and a bond of $2,440.00 was paid. Immediately upon moving in [NAME] noticed issues with ants. They contacted the landlord and a [NAME] visited the premises the next day. It was found that the infestation was serious and required treatment which would require the tenants to move out for a period of time (particularly because [NAME]’s son’s allergies). They
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requested to be released from the tenancy and the landlord’s agreed. They vacated on 2 December 2024 and the landlord refunded in full the rent and bond paid by them.
4. [NAME] claim additional compensation for other losses they say they suffered as a result of the infestation. They said that they agreed with the landlord of their previous tenancy ([ADDRESS]) to a short-term tenancy for two weeks at a rent of $620.00 per week, while they looked for another long term tenancy. They said that they found another tenancy in Wigram within the week which meant that they were required to pay for two tenancies for that week ($620.00 for [ADDRESS] and the rent payable for the Wigram tenancy). They also said that they paid $638.25 to a moving company to move into [ADDRESS] and $667.00 to move their possessions into the Wigram tenancy (they stored their belongings in the garage at [ADDRESS] until they found another tenancy), and they claim these costs from the landlords. [NAME] claimed other costs, including lost wages while looking for another tenancy but they were unable to establish the loss suffered as a result. These claims are therefore dismissed.
5. [NAME] and [NAME] accept that the premises had a serious problem with ants. I accept their evidence that they were unaware of the problem until told by the tenants. As mentioned, the landlords released the tenants from the tenancy when requested and refunded rent paid in full.
6. However, I consider it reasonable that the landlords compensate the tenants for the additional rent they were required to pay while looking for another tenancy. I also consider it reasonable that the landlords pay the cost incurred to move out of [ADDRESS] into the Wigram tenancy. I dismiss the claim for the cost to move into [ADDRESS] because this is a cost they would have incurred regardless of whether the landlords had breached their obligations.
7. I therefore find the landlords liable to pay to the tenants the sum of $1,314.00 being additional rent they were required to pay ($10.00 for the first week and $620.00 for the second week), plus the cost ($667.00) to move their possessions from [ADDRESS] to the Wigram tenancy.
8. The tenants have been mostly successful in their claims, and I consider this an appropriate case to award them payment of the Tribunal application fee.
[NAME]
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12 March 2025
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Please read carefully:
Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenants were entitled to compensation for additional rent they had to pay while looking for another tenancy.
- The tenants were entitled to compensation for the cost to move their possessions from the affected address to the new tenancy in Wigram.
❌ Tends to be rejected
- The tenants were not entitled to compensation for the initial cost to move into the affected address since this was a cost they would have incurred regardless of the ant infestation.
- The tenants' claim for lost wages while looking for another tenancy was dismissed as they could not establish the actual loss suffered.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal awarded compensation to tenants for additional expenses incurred due to ant infestation issues.
What was the dispute about?
The dispute was about the compensation for additional expenses such as extra rent and moving costs incurred by tenants due to ant infestation issues.
How did the court decide, and why?
The court decided to award compensation to the tenants because the landlord failed to maintain the premises in a clean condition, leading to ant infestations and additional expenses for the tenants.
Which laws or rules were applied?
No specific laws or rules were cited in the judgment.
What was the argument that mattered most?
The argument that mattered most was that the landlord failed to maintain the premises in a clean condition, causing ant infestations and additional expenses for the tenants.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, the tenants.
What does this mean for someone in a similar situation?
Someone in a similar situation may be entitled to compensation for additional expenses incurred due to a breach of the landlord's obligation to maintain the premises in a clean condition.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.