Tenant Awarded Compensation for Landlord's Failure to Maintain
📌 In brief
The Tenancy Tribunal awarded the tenant $649.95 for various breaches by the landlord, including failure to repair curtains and provide proper rent records. The landlord was also ordered to pay the bond to the tenant.
⚖️ Legal holding
A tenant is entitled to compensation for a landlord's failure to maintain the premises and provide proper rent records.
📖 What the law says
This rule states that a landlord must provide and maintain the rental property in a reasonable state of repair, considering its age and character. It also requires the landlord to compensate the tenant for reasonable repair expenses if the disrepair was not caused by the tenant.
This rule requires landlords to keep proper business records of all rent payments and any bond amounts paid by the tenant. Failing to keep these records is considered an unlawful act.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant was awarded $649.95 for various breaches by the landlord, including failure to repair curtains and provide proper rent records.
📜 Headnote Official document
The Tenancy Tribunal awarded the tenant $649.95 for various breaches by the landlord, including failure to repair curtains and provide proper rent records. The landlord was also ordered to pay the bond to the tenant.
📚 Full judgment Official document
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[2025] NZTT 5183382, 5242391
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: 5 Dianne-[ADDRESS], Half Moon Bay, Auckland 2012
ORDER
1. [NAME] must pay [NAME] and [NAME] $649.95 immediately, calculated as shown in table below.
Description Landlord Tenant Water rates $50.05 Compensation: failure to repair curtains during the tenancy for one year
$850.00
Cleaning: kitchen $150.00 Total award $200.05 $850.00 Net award $649.95
Total payable by Landlord to Tenant $649.95
2. The Bond Centre is to pay the bond of $3,440.00 (6475936-002) to [NAME] immediately.
Reasons:
1. Both parties attended the hearing.
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2. The tenant has applied for compensation and exemplary damages against the landlord for failing to lodge the bond within the required timeframe and failing to give a receipt on bond payment, and failure to maintain. The tenant also seeks reimbursement of water charges paid during the tenancy.
3. The landlord has counterclaimed for water rates, rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent and water rates?
4. This was a fixed term tenancy which ended on 11 February 2025. I dismiss the landlord’s claim for 3 day’s rent arrears because the landlord failed to provide proper rent records.
5. Section 30 Residential Tenancies Act 1986 (‘RTA’) obliges landlords under a tenancy to which the Act applies to keep proper business records of rent and bond payments.
6. Failure to keep and submit a proper rent summary in this instance meant that the landlord has failed to discharge the onus of proving that any rent is outstanding at the end of the tenancy.
7. In respect of the claim and counterclaim to do with water rates, I accept the landlord’s water rates payments and invoices reconciliation records that the tenant is behind on water rates payments. The few missing payments on the monthly invoices over the course of a year meant that there has ultimately been a shortfall in their payments; this is despite the tenant having paid fixed wastewater charges during the course of the tenancy.
8. Only the amounts ordered are proved.
Did the tenant comply with their obligations at the end of the tenancy?
9. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
10. Having regard to the evidence adduced by the parties, I find that the tenant did not leave the kitchen rangehood reasonably clean and tidy.
11. Only the amounts ordered are proved. I have factored in the tenant’s obligation to leave the premises to a reasonably clean and tidy condition only, rather than to a professional standard of cleanliness.
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Is the tenant responsible for the damage to the premises?
12. A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
13. While the curtain was damaged during the tenancy, the tenant has disproved liability for the damage.
14. Three days into the start of the tenancy, the tenant notified the landlord on the need to look at and repair the curtains which was inoperable in that they could not open and close properly. The landlord did not send any tradesperson to look into the tenant’s complaint during the course of the tenancy.
15. I consider it understandable that the curtains then fell into disrepair and completely broken down at the end of the tenancy.
16. I therefore dismiss the landlord’s claim for repair costs to the curtains.
Is the landlord liable to compensate the tenant for failure to maintain?
17. [NAME] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
18. Under section 45, a landlord must:
a) provide the premises in a reasonable state of cleanliness
b) provide and maintain the premises in a reasonable state of repair
c) comply with any relevant enactment in relation to buildings, health and safety
19. I find an award of $850.00 appropriate compensation for the landlord’s breach in respect of failure to attend and repair the curtains during the tenancy. It was not in order for the landlord to merely defer to the property inspection report at the start of the tenancy to show that the curtains were in good working order.
20. The tenant has duly notified the landlord of the curtains being faulty right at the start of the tenancy and the landlord must attend to the complaint within a reasonable time after being notified. If the landlord had responded in a timely manner, the cause of the curtain failure may be better known. In reaching the figure of $850.00 I have had regard to the tenant’s daughter’s occupancy of the room and the lack of privacy that she faced.
21. Only the amounts ordered are proved.
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Other claims
22. The tenant’s claims in respect of the alleged failures by the landlord in respect of the bond are unsuccessful. The bond was lodged within 23 working days from the date of payment and the landlord’s agent has duly provided a receipt of bond payment to the tenant immediately by email to the tenant’s address of service.
23. I also dismiss the landlord’s claim for emotional stress in dealing with the tenants. There is no obligation under the tenancy agreement for the tenant to ensure that the tenancy runs smoothly and free of emotional toil to the landlord. Any breach by the tenant in respect of the tenancy agreement and the RTA should be dealt with by the landlord professionally and in a business-like manner.
24. The bond is now returned to the tenant in full, based on the parties’ respective successes in their claims set out the table above.
[NAME]
23 April 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 landlord failed to provide proper rent records, so the tenant didn't owe any rent arrears.
- The tenant notified the landlord about faulty curtains at the start of the tenancy, and the landlord didn't fix them.
- The landlord's failure to maintain the curtains during the tenancy justified compensation for the tenant.
❌ Tends to be rejected
- The landlord claimed the tenant was behind on water rates payments, and the tribunal accepted the landlord's records.
- The tenant did not leave the kitchen rangehood reasonably clean and tidy at the end of the tenancy.
- The landlord claimed emotional stress due to dealing with the tenants, but this claim was dismissed by the tribunal.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal awarded the tenant $649.95 for various breaches by the landlord, including failure to repair curtains and provide proper rent records.
What was the dispute about?
The tenant sought compensation for the landlord's failure to maintain the premises and provide proper rent records, while the landlord claimed rent arrears and other costs.
How did the court decide, and why?
The court decided in favour of the tenant, finding that the landlord failed to maintain the premises and provide proper rent records, thus breaching their obligations under the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 45 and 30 were applied.
What was the argument that mattered most?
The tenant's argument that the landlord failed to maintain the premises and provide proper rent records was the most compelling.
Was the decision for or against the person who brought the case?
The decision was for the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that their landlord maintains the premises and provides proper rent records to avoid disputes.
What evidence or documents mattered?
The evidence included the tenant's notifications to the landlord about the faulty curtains and the landlord's failure to provide proper rent records.