Tenant Awarded Compensation for Landlord's Failure to Maintain Property
📌 In brief
The Tenancy Tribunal ruled that a tenant is entitled to compensation for a landlord's failure to maintain the rental property. The Tribunal held that both the owner and landlord were jointly responsible under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is entitled to compensation for a landlord's failure to maintain the rental property.
📖 Technical summary
The Tribunal ordered compensation for failure to maintain the rental property and joint liability for the owner and landlord.
📜 Headnote Official document
The Tenancy Tribunal awarded compensation to the tenant for the landlord's failure to maintain the rental property. The Tribunal found that both the owner and landlord were jointly liable under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5168033, 5196712
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Tenants
RESPONDENT: [redacted]
Landlords
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The Tribunal’s order of 19 May 2025 is amended by this Order.
2. [NAME] and [COMPANY] must pay [NAME] and [NAME] $3,527.00 immediately as shown in the table below.
3. [COMPANY] as Agent for [NAME] must carry out the following work to the premises, which must be completed by Tuesday 3 June 2025:
a. Clean the mould from the premises and apply anti-mould inhibitors as proposed by [NAME] in a quote dated 14 March 2025.
4. As an alternative to compliance with Order 2, Barfoot & Thompson as Agent for [NAME] must pay the tenant $1,265.00 immediately.
5. If [COMPANY] as Agent for [NAME] fails to comply with either Order 3 or 4 above, then the tenant may undertake the work and charge the landlord the costs of this work up to $1,265.00. These costs may be set off against rent payable.
6. No further hearing is necessary.
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Description Landlord Tenant Compensation for failure to maintain $3,500.00 Filing fee reimbursement $27.00 Total award $3,527.00 Total payable by Landlord to Tenant $3,527.00
Reasons:
1. The Tribunal issued an order determining the tenant’s application on 19 May 2025. There was a remaining issue about the potential joint liability of the owner and the landlord.
2. The Tribunal requested that the landlord confirm whether section 16A of the Residential Tenancies Act 1986 applied to the tenancy. The landlord has promptly confirmed that it does.
3. In my view, this means that the owner (as contracting party under the tenancy agreement) and the landlord (as agent and pursuant to section 16A(5) of the Residential Tenancies Act 1986) are jointly liable to the tenant for the failure to maintain identified by the Tribunal.
4. The 19 May 2025 order has been amended accordingly (as per the orders above) to reflect joint liability. The reasons for the 19 May 2025 order remain as stated in that order, supplemented by these additional reasons on the issue of joint liability.
[NAME]
21 May 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 confirmed that section 16A of the Residential Tenancies Act 1986 applies to the tenancy.
- The owner and the landlord are jointly liable for the failure to maintain the rental property.
- The tenant is entitled to compensation for the landlord's failure to maintain the rental property.
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 the tenant for the landlord's failure to maintain the rental property.
What was the dispute about?
The dispute was about the landlord's failure to maintain the rental property, leading to mold issues.
How did the court decide, and why?
The court decided that the tenant was entitled to compensation because the landlord failed to maintain the property as required by law.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 16A, was applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord failed to maintain the property, leading to mold issues.
Was the decision for or against the person who brought the case?
The decision was for the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation may be entitled to compensation if their landlord fails to maintain the rental property.
What evidence or documents mattered?
Evidence included quotes for mold removal and anti-mold inhibitors, as well as confirmation of the landlord's failure to maintain the property.