Tenant Receives Reduced Settlement Due to Landlord's Hardship
📌 In brief
In this Tenancy Tribunal case, a tenant received a reduced settlement of $780 due to the landlord's financial hardship, showing generosity and compassion.
⚖️ Legal holding
A tenant is entitled to compensation for enduring issues with their rental property.
📖 Technical summary
The claimant received a reduced settlement due to the respondent's financial hardship.
📜 Headnote Official document
The Tenancy Tribunal awarded the tenant a reduced settlement of $780 due to the landlord's financial hardship, despite the initial claim for $5000.
📚 Full judgment Official document
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[2026] NZTT 5389843
TENANCY TRIBUNAL AT AUCKLAND | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE], [NAME_7]
CONSENT ORDER
1. The respondent will pay the applicant $780.00 on or before Friday 24 August 2026 as full and final settlement of this claim.
Reasons:
1. Both parties attended the hearing.
2. The applicant’s claim was for compensation for leaking, draughts and dampness that endured for the duration of the tenancy despite the landlords’ best efforts to remedy the issue.
3. The respondent offered to settle the applicants claim for $5000.00.
4. Despite this figure being significantly less than the applicants claim, the applicant elected to reduce the settlement to $780.00 when they heard that the respondent was in a state of financial hardship.
5. I commend the applicant for the generosity, compassion and grace they have demonstrated in today’s hearing.
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H Ben Fayed 16 April 2026
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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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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:
❓ Frequently asked questions
What did this decision decide?
The claimant received a reduced settlement of $780 due to the respondent's financial hardship.
What was the dispute about?
The dispute was over compensation for leaking, drafts, and dampness that persisted during the tenancy.
How did the court decide, and why?
The court decided on a reduced settlement, commending the claimant's generosity and compassion.
Which laws or rules were applied?
No specific laws or rules were cited in the decision.
What was the argument that mattered most?
The claimant's willingness to accept a reduced settlement due to the landlord's financial hardship was the key factor.
Was the decision for or against the person who brought the case?
The decision was for the claimant, who accepted a reduced settlement.
What does this mean for someone in a similar situation?
Someone in a similar situation might consider the financial circumstances of the other party when negotiating a settlement.
What evidence or documents mattered?
The judgment does not specify the evidence or documents considered.