Tenant's Claims for Damages Dismissed by Tenancy Tribunal
📌 In brief
The Tenancy Tribunal dismissed a tenant's application for compensation and exemplary damages because the tenant did not provide enough evidence to prove the landlord's failure to maintain the property.
⚖️ Legal holding
A tenant must prove their claims to the civil standard of proof on the balance of probabilities.
📖 What the law says
This section outlines the landlord's duties, including providing the property in a clean and reasonably repaired state, considering its age and character. It also requires landlords to meet health and safety standards and compensate tenants for reasonable repair costs if the damage wasn't caused by the tenant.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant's application for compensation and exemplary damages was dismissed due to insufficient evidence.
📜 Headnote Official document
The Tenancy Tribunal dismissed a tenant's application for compensation and exemplary damages due to insufficient evidence supporting the maintenance obligations under the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5004132 1
[2025] NZTT 5004132
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted] Rae Oliver
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The application is dismissed.
Reasons:
1. Both parties attended the video hearing.
2. The tenant is required to establish the claims to the civil law standard of proof, on the balance of probabilities.
3. The tenant applied for;
• Compensation for the purchase of a lawn mower.
• Exemplary damages for the landlord’s failure to maintain the premises which referred specifically to;
• Tree pruning.
• Loose mortar in the driveway and mailbox bricks.
• Front door lock.
• Fridge .
__________________________________________________________________________________ 5004132 2
Lawnmower
4. The tenant said that there had been a misunderstanding between the parties at the commencement of the tenancy. The tenancy agreement entered into by the parties, records that the responsibility for maintaining the gardens and lawns was on the tenant. As a result, the tenant purchased a second hand lawn mower for $60.00 with the intention of being able to mow the lawns himself.
5. Soon after the start of the tenancy, a contractor arrived at the premises to mow the lawns and then continued to do so on a regular basis throughout the tenancy. The tenant was not charged for this service. It was only when the contractor arrived, that it became clear to the tenant that he would not be responsible for the lawns. The tenant was able to subsequently sell the lawn mower for $40.00.
6. The tenant did not advise the landlord that he proposed purchasing a lawn mower. The maximum loss to the tenant is $20.00. In considering that loss and taking into account depreciation on the lawnmower, I consider that there has been no actual loss to the tenant and the application is dismissed.
7. The tenant claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 (“RTA”).
8. Under section 45 RTA, a landlord must provide and maintain the premises in a reasonable state of repair.
9. Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A RTA.
10. There are a number of claims under this heading. The tenant says that the trees at the front and back of the premises were not pruned by the landlord. The tenant said that this did not result in any substantial diminution of the benefit of the property to him. The landlord said that the trees had been pruned on a number of occasions during the course of the tenancy and that it was never a requirement that the tenant complete any pruning.
11. The tenant said that the bricks in a bench on the property and a brick on the letterbox was loose when he moved in. The tenant raised this with the landlord in a meeting in June 2023. No steps were taken by the landlord to resolve the issue. The tenant said that this resulted in some potential danger and told his children not to sit on the bench. The landlord said that there was a loose brick on the seat and on the letter box. The landlord inspected the property on 1 June 2023. At the meeting the tenant said that he wanted the issue of the loose bricks “noted”. The issue was recorded in an e-mail from the tenant to the landlord dated 1 June 2023. The e-mail did not require the landlord to take any steps.
__________________________________________________________________________________ 5004132 3
12. The tenant said that a tradesman attending the property to repair or replace the dishwasher had heard the refrigerator making a loud noise and he commented that this was often an indication that the fridge was “on the way out”. The tenant said the fridge had continued to operate through until the end of the tenancy. The landlord said that the fridge was still working today.
13. The tenant said that the front door and sliding door locks were old and did not work well. They were operational, but the front door would not shut when it was not locked. The landlord provided evidence of having arranged for a locksmith to attend the premises to complete repairs. Repairs was completed on 26 June 2023.
14. The responsibility on a landlord to maintain, is to maintain the premises in a reasonable state of repair having regard to the age and character of the premises. The burden of proving this claim is on the tenant. I do not consider that the tenant has provided sufficient evidence to show that the landlord has failed to maintain the premises in a “reasonable state of repair”.
15. The tree pruning or lack of, has not had any substantial impact on the tenant. Similarly, the issue with the bricks in the driveway and the letter box has had limited, if any impact on the tenant. The locks operated to lock the appropriate doors. Repairs to the locks were completed within a reasonable period. The fridge remained operational through to the end of the tenancy.
16. The tenant’s claims, the tenant having failed to prove the claims to the required civil standard of proof, are dismissed.
S Young
20 March 2025
__________________________________________________________________________________ 5004132 4
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/
__________________________________________________________________________________ 5004132 5
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 tenant did not need to be charged for the contractor's regular lawn mowing service.
- The landlord inspected the property and noted issues with loose bricks without requiring action.
❌ Tends to be rejected
- The tenant claimed a loss of $20.00 from selling the lawn mower but did not prove actual loss.
- The tenant argued that the landlord failed to maintain the premises in a reasonable state of repair, but did not provide sufficient evidence.
- The tenant claimed that the front door lock was old and did not work well, but the landlord provided evidence of repairs completed within a reasonable time.
- The tenant claimed that the refrigerator was on its way out, but it continued to operate until the end of the tenancy.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal dismissed the tenant's application for compensation and exemplary damages.
What was the dispute about?
The dispute was about the landlord's failure to maintain the property, including tree pruning, loose mortar, and faulty locks.
How did the court decide, and why?
The court decided to dismiss the application because the tenant did not provide sufficient evidence to meet the civil standard of proof.
Which laws or rules were applied?
The Residential Tenancies Act 1986, particularly section 45, was applied.
What was the argument that mattered most?
The argument that mattered most was whether the tenant could prove the landlord's failure to maintain the property to the civil standard of proof.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have strong evidence to support their claims before bringing an application to the Tenancy Tribunal.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.