Tenant's Health Claim Dismissed by Tenancy Tribunal
📌 In brief
The Tenancy Tribunal dismissed the tenant's claim for breach of housing standards and health issues because the tenant did not provide enough evidence to show that the premises caused his health problems.
⚖️ Legal holding
A tenant must provide sufficient evidence to establish a breach of housing standards and link their health issues to the premises' condition.
📖 Technical summary
The Tenancy Tribunal dismissed the tenant's claim for breach of the Housing New Zealand standards and health issues.
📜 Headnote Official document
The Tenancy Tribunal dismissed the tenant's claim for breach of the Housing New Zealand standards and health issues due to lack of direct evidence linking the premises' condition to the tenant's health problems.
📚 Full judgment Official document
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[2025] NZTT 4990508, 4960598
TENANCY TRIBUNAL AT WAITAKERE | TE TARAIPIUNARA RETIHANGA KI WAITĀKERE
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted] [NAME]
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] - As Agent For [NAME] $1,373.60 immediately, being rent arrears to 3 September 2024.
2. The Bond Centre is to pay the bond of $3,120.00 (3288734-007) to [COMPANY] - As Agent For [NAME] immediately.
3. The tenant’s application is dismissed.
Description Landlord Tenant Rent arrears to 3 September 2024 $4,457.14 Water rates $9.46 Filing fee reimbursement $27.00 Total award $4,493.60 Bond $3,120.00 Total payable by Tenant to Landlord $1,373.60
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Reasons:
1. Both parties attended the hearing. The tenant attended in person. The landlord had sought an adjournment due to illness but given that there was no supporting evidence in relation to his illness and that the request was very late, I directed that the landlord could attend the hearing by telephone.
2. There was a Case Conference convened on 17 December 2024 which isolated the issues and confirmed the parties’ claims.
3. The landlord has applied for rent arrears and water rates and has provided records which prove the amount owing. Those claims are ordered.
4. At the hearing the landlord withdrew all other claims.
5. The tenant has applied for compensation and exemplary damages in respect of a [COMPANY] claim.
6. The tenancy commenced on 19 December 2023. The [COMPANY] compliance date is 120 days after the start date. The compliance date for this tenancy is therefore 17 April 2024.
7. The tenant said that he had suffered health issues while living at the premises but acknowledged that there was no evidence directly linking his health with the state of the premises. The tenant said that there was mould and moisture in the premises and in July 2024 he sent an email to the landlord.
8. At the hearing the tenant produced some photographs as evidence.
9. There is a [COMPANY] report prepared by [NAME] dated 18 September 2023. That report records that at the date of assessment the premises did not comply with the moisture and drainage standard and the draught stopping standard. The landlord evidence is that these issues were resolved before the tenancy commenced.
10. The report states that there is a moisture barrier, but it did not meet current standards due to poor installation, rips or tears or other issues. The report says the moisture barrier will require remediation or replacement to meet the standard unless deemed impractical by a professional installer.
11. The landlord produced an email from a contractor dated 16 October 2023 in which the contractor advised that it would be hard to get the job done due to access in the small space.
12. The report states that there were multiple drainage system failures, and these were listed.
13. The landlord produced an invoice dated 24 November 2023 which records that the leaky gutter and connection of old black coil drain were repaired. It is not clear that this work has addressed the issues raised by the report. Only another
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report would clearly determine whether these issues still exist. Unfortunately, neither party has produced a report more recent that September 2023.
14. The report states that gaps of 3mm or more were detected at the property. The report referred to the kitchen window and a window which was unable to be closed in bedroom 1.
15. The landlord produced an invoice dated 9 February 2024 which records repairs in the kitchen and the second lounge which I understand may also be described as a bedroom.
16. On the evidence it is not clear that the landlord has breached the [COMPANY] standards. The landlord has taken steps to address the issues identified in the report by the compliance date in April 2024.
17. The tenant also referred to a slippery deck and driveway which he brought to the landlord’s attention in an email dated 27 July 2024. The landlord carried out a routine inspection two days later on 29 July 2024. The landlord arranged for the deck, driveway, and side of the house to be water blasted and produced an invoice dated 15 August 2024 to confirm that this occurred.
18. The tenant referred to mould in the premises. He produced a photograph of a drawer with mould inside. He also said that there was mould on the outside of the exterior heat pump unit. The landlord said that it is algae rather than mould. On the evidence produced I am not sure that there is mould at the premises.
19. The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
20. The applicant claimed a breach of the [COMPANY] standards and that his health issues were attributable to the condition of the premises.
21. The applicant has not satisfied me that it is more likely than not that the landlord has breached the [COMPANY] standards and contributed to his health condition. For this reason, I have dismissed the tenant’s claim.
22. [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
[NAME]
17 March 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 records proving the amount of rent arrears and water rates owed.
- The landlord produced invoices showing repairs made to address the issues identified in the report.
❌ Tends to be rejected
- The tenant claimed health issues were caused by the state of the premises but lacked direct evidence linking his health to the conditions.
- The tenant presented photographs as evidence but did not provide sufficient proof that the landlord breached housing standards.
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 claim for breach of housing standards and health issues.
What was the dispute about?
The tenant claimed that the premises did not meet housing standards and that this caused his health issues.
How did the court decide, and why?
The court decided that the tenant's claim was dismissed because there was insufficient evidence to prove that the premises' condition caused his health issues.
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 tenant's failure to provide sufficient evidence linking the premises' condition to his health issues.
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 linking their health issues to the condition of the premises.
What evidence or documents mattered?
Photographs and emails from the tenant were presented, but the judgment notes that there was no clear evidence linking the premises' condition to the tenant's health issues.