Tenant's Claims of Poor Maintenance and Harassment Dismissed
📌 In brief
The Tenancy Tribunal dismissed a tenant's claims of poor maintenance, non-compliance with healthy homes standards, and harassment because the tenant did not provide sufficient evidence to support these allegations. The landlord's cross-application for rent arrears was successful.
⚖️ Legal holding
A tenant's claims of poor maintenance, non-compliance with healthy homes standards, and harassment must be substantiated with evidence.
📖 Technical summary
The Tenancy Tribunal dismissed the tenant's claims of poor maintenance, healthy homes compliance issues, and harassment, finding no evidence to support these allegations.
📜 Headnote Official document
The Tenancy Tribunal dismissed a tenant's claims of poor maintenance, non-compliance with healthy homes standards, and harassment due to lack of evidence. The landlord's cross-application for rent arrears was successful.
📚 Full judgment Official document
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[2025] NZTT 5004728, 5089989
TENANCY TRIBUNAL - Kaikohe
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted] Hansen)
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenant’s application is dismissed.
2. [NAME] must pay [COMPANY] $14,976.28 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 13 September 2024 $14,949.28 Filing fee reimbursement $27.00 Total award $14,976.28 Total payable by Tenant to Landlord $14,976.28
Reasons:
Background
1. The tenant’s application raises issues relating to maintenance, healthy homes compliance, and harassment. The application was filed on 13 September 2024.
2. The landlord filed a cross-application on 29 November 2024 seeking rent arrears.
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3. The applications were set down for a full day hearing in Kaikohe on 12 December 2024.
4. On the morning of that hearing, [NAME] contacted the court and advised that she had been involved in an accident while travelling to Kaikohe for the hearing.
5. I granted an adjournment.
6. The applications were re-scheduled for a full day hearing in Kaikohe today, 13 February 2025. Notice of the hearing was sent to both parties on 14 January 2025.
7. Yesterday evening, [NAME] sent a message to the Registrar stating that “I have court down here today”. The Registrar attempted to contact [NAME] to clarify whether she was seeking an adjournment and whether she could possibly attend the hearing by phone. [NAME] did not respond to multiple messages and phone calls.
8. I decided to proceed with the hearing today on the grounds that:
a. There would have to be exceptional circumstances for the Tribunal to consider two “last minute” adjournments of full day fixtures.
b. [NAME] had ample notice of this hearing and also, presumably, her Court date in Auckland. [NAME] had ample opportunity to request an adjournment.
c. [NAME] did not request an adjournment or provide any evidence in support of a request.
9. [NAME] and [NAME] represented the landlord at the hearing.
Tenant application
10. [NAME]’s application seeks compensation and exemplary damages on the grounds that:
a. The premises were in a poor state of repair (“rotten wall, black mould, rotten carpet”).
b. The landlord did not meet the healthy homes standards (heating).
c. The landlord harassed her (“constantly using any excuse to kick me out went and talked to my winz case manager [NAME] and got her to stop my rent redirection without my knowledge to get me kicked out. Physical assault.”)
11. [NAME] did not provide any photographs or other evidence to show the rotten wall, black mould, rotten carpet.
12. [NAME] explained that the property complied with the healthy homes standard for heating because there was existing electrical heating in the main
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living area of the house and the required hearing compacity for that area is less than 2.4kW.
13. [NAME] and [NAME] said that:
a. They acted on instructions from the owner to take steps to terminate the tenancy.
b. They spoke with [NAME]’s case manager when they had ceased managing the property but [NAME] failed to stop her WINZ payment to them. [NAME] would contact their office seeking immediate re-payment of these rent payments, but she failed to take action to stop the re-direction.
c. There was no physical assault.
14. My findings are that:
a. As the agent for the landlord, [NAME] was entitled to take lawful steps to terminate the tenancy.
b. It was reasonable and appropriate for them to contact WINZ in the circumstances.
c. There is no evidence of any physical assault.
15. The tenant’s application is dismissed.
Landlord’s application
16. The landlord’s rent record establishes rent arrears of $14,949.28 to 13 September 2024, which is the date that they ceased managing the tenancy.
17. The landlord has been successful in their application, and I must also award the landlord the filing fee of $27.00.
[NAME]
13 February 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 provided evidence of rent arrears through a detailed rent record.
- The landlord reasonably contacted WINZ to address ongoing rent redirection issues.
- There was no evidence presented by the tenant to support claims of physical assault.
❌ Tends to be rejected
- The tenant claimed poor maintenance but did not provide any photographic or other evidence.
- The tenant alleged non-compliance with healthy homes standards but failed to substantiate these claims.
- The tenant accused the landlord of harassment without providing concrete evidence to support these allegations.
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 claims of poor maintenance, non-compliance with healthy homes standards, and harassment, and awarded the landlord rent arrears.
What was the dispute about?
The dispute was about the condition of the rental property, compliance with healthy homes standards, alleged harassment by the landlord, and unpaid rent.
How did the court decide, and why?
The court decided to dismiss the tenant's claims because the tenant did not provide sufficient evidence to support the allegations of poor maintenance, non-compliance with healthy homes standards, and harassment.
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 the lack of evidence provided by the tenant to support their claims.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case, the tenant.
What does this mean for someone in a similar situation?
For someone in a similar situation, it is important to provide sufficient evidence to support any claims made against a landlord.
What evidence or documents mattered?
Photographs or other evidence showing the condition of the property would have been relevant, but the tenant did not provide such evidence.