Tenant's Compensation Claim Settled for $2,000
📌 In brief
A tenant claimed compensation from their landlord for failing to maintain the roof and drainage system. The claim was initially for $15,000 but was settled for $2,000.
⚖️ Legal holding
A tenant is entitled to compensation for a landlord's failure to maintain the property.
📖 Technical summary
The claimant's application for compensation was settled for $2,000.
📜 Headnote Official document
The Tenancy Tribunal at New Plymouth heard a tenant's claim for compensation due to a landlord's failure to maintain the roof and drainage system. The claimant sought $15,000 in total compensation but settled for $2,000.
📚 Full judgment Official document
__________________________________________________________________________________ 5154682 1
[2025] NZTT 5154682
TENANCY TRIBUNAL AT NEW PLYMOUTH | TE TARAIPIUNARA RETIHANGA KI NGĀMOTU
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. BY CONSENT IT IS ORDERED THAT:
a. In full and final settlement of all claims whatsoever arising between the parties out of the tenancy [NAME] and [NAME] as trustees of the KJ & Hl [NAME] will pay [NAME] $2,000 by 11.59pm on Tuesday 20 May 2025.
b. The tenant’s application is dismissed.
Reasons:
1. This was a case management hearing to identify the tenant’s claims.
2. After explaining to the parties, the civil burden of proof and basic principles surrounding compensation and exemplary damages the tenant set out his claims.
3. The tenant explained he wanted compensation of $10,000 for failure to maintain a roof and drainage and compensation of $5,000 for the giving of a notice to end his tenancy that he says was unlawful.
4. The tenant clarified he is not seeking exemplary damages, and this is the full extent of his claims.
__________________________________________________________________________________ 5154682 2
5. After a discussion about the claims and how the case would now proceed the parties agreed to settle.
6. The parties agreed that in full and final settlement of all claims whatsoever arising between the parties out of the tenancy [NAME] and [NAME] as trustees of the KJ & Hl [NAME] will pay [NAME] $2,000 by 11.59pm on Tuesday 20 May 2025.
M Kemp
13 May 2025
__________________________________________________________________________________ 5154682 3
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/
__________________________________________________________________________________ 5154682 4
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 parties agreed to a full and final settlement of all claims arising from the tenancy.
- The landlord was ordered to pay the tenant $2,000 as part of the settlement.
❌ Tends to be rejected
- The tenant's application was dismissed as part of the settlement agreement.
- The tenant's claim for $10,000 compensation for roof and drainage issues was not fully granted.
- The tenant's claim for $5,000 compensation for an unlawful notice to end tenancy was not fully granted.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant's application was settled for $2,000.
What was the dispute about?
The tenant claimed compensation for the landlord's failure to maintain the roof and drainage system.
How did the court decide, and why?
The court decided to settle the claim for $2,000, which was agreed upon by both parties.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The argument that mattered most was the tenant's claim for compensation due to the landlord's failure to maintain the property.
Was the decision for or against the person who brought the case?
The decision was partially for the tenant, as they received compensation, but it was less than originally requested.
What does this mean for someone in a similar situation?
Someone in a similar situation might consider settling their claim for a lesser amount if the landlord agrees.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.