Tenant wins compensation for water damage in Tenancy Tribunal ruling

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[2025] NZTT 5012451

TENANCY TRIBUNAL AT WELLINGTON | TE TARAIPIUNARA RETIHANGA KI TE WHANGANUI-A-TARA

APPLICANT: [redacted]

Tenant

RESPONDENT: [redacted]

Landlord

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [COMPANY] must pay [NAME] $1536 .00 immediately, calculated as shown in table below:

Description Landlord Tenant Compensation clothes $500.00 Compensation bedding $337.00 Compensation drawers $499.00 Compensation bed $200.00 Total award $1,536.00 Total payable by Landlord to Tenant $1,536.00

Reasons:

2. [NAME] moved into the newly renovated premises in April 2024. He says that almost immediately issues began with water coming into the tenancy, initially entering a light fitting in the wash house. On 2 July 2024 [NAME] reported to the landlord that following rain water was entering the upstairs rooms and damaging ceilings. This was investigated and it was discovered that there were issues with the roof fascia and an internal guttering. It appears that during renovation works a flashing had been omitted from an internal gutter, meaning that when it rained water was able to go straight through into the roof cavity and then enter the tenancy below. The landlord received a report on 22 July 2024 advising of the cause. Subsequently, to allow for the significant repairs which

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were necessary [NAME] had to move out of the tenancy. The landlord gave rent relief and have provided petrol and food vouchers for the period during which he was unable to live at the tenancy.

3. [NAME] has brought claims for damage to his possessions inside the flat pieces were affected by the water damage. He says that when the worst of the damage was mould to furniture, clothes, his bed base and mattress, and bedding.

4. When the worst of the leaks occurred during heavy rain [NAME] had been away over 4 days. When he returned, he says he found that the items in the bedroom had been affected by both the initially and by mould which had arisen from them being in a damp and warm environment. He disposed of a number of these items as he was unsure what else to do.

5. He claims the following damages:

a. replacement of the bed $3,000

b. bedding (sheets, pillows, and a duvet) $ 337

c. clothing $ 500

d. bedroom drawers $ 499

Total $4,336

6. He says he obtained the bed second-hand in April 2024, other bedding and furniture items were new at the start of tenancy. He did not have an itemised list of the clothing but had estimated based on the items damaged which were all his clothes apart from those which were in the wash house at the time.

7. The landlord challenges the extent of damage claimed by [NAME] occurred. The tenancy manager gave evidence that when she visited the tenancy on 16 September 2024, she did not see any damage to property. She says that the tenancy was sparsely furnished, that [NAME] had property in the second bedroom which was unaffected by the leaks, and that he appeared to be sleeping in this room. She referred to seeing the bed base in the lounge.

8. I note that:

a. the water ingress was significant and was ongoing for a period of over 10 weeks before the property manager visited.

b. [NAME]’s evidence was that he was using the bedroom affected by the leak, but moved to avoid sleeping in a damp room;

c. the property manager mentioned the bed base being in the lounge, along with bedside tables, this is consistent with moving bedroom furniture out of the affected bedroom.

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d. [NAME]’s evidence as to obtaining the drawers and bedclothes at start of the tenancy is consistent with the information available to me.

e. While the $500 attributed to the clothes is an estimate, I consider it low if anything, but I accept the figure provided by [NAME].

9. The landlord has obligations under section 45(1)(bb) of the Residential Tenancies Act 1986 (RTA), which requires compliance with the Residential Tenancies (Healthy Homes Standards) 2019 (HHS). The moisture ingress and drainage standard requires that buildings comprising residential tenancies must have efficient systems to drain storm water, surface water and ground water, and that includes gutters, downpipes and drains. The Standard requires a ground moisture barrier when there is an enclosed subfloor space. 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).

10. The applicant has to prove on the balance of probabilities that the respondent caused their loss, and also the amount of their loss. Where the Tribunal is satisfied that the applicant has suffered real loss, but the amount of the loss is speculative or the supporting evidence is negligible, it must nevertheless determine an appropriate figure as best it can on whatever evidence is available. In this case [NAME] has failed to produce comprehensive evidence of his loss, particularly to the largest single item he claims is damaged the bed. In such cases the Tribunal should take a cautious approach when determining whether the amount claimed is proved or whether a lesser amount should be awarded.

11. I accept that [NAME] suffered loss, and the landlord was in technical breach of its obligations under the HHS. Therefore, the landlord is liable to pay compensation to [NAME]. I accept the evidence for the bedding, clothing and draws. There is evidence that the bed base was still usable after the leak, and I have no evidence on which to assess the damage to the mattress. My own search suggests that in the spring queen size mattresses are available between $299 and $799. The mattress was second-hand when obtained by [NAME] and I’m had no evidence as to its age. I consider that I need to assign some value to [NAME]’s loss. Considering the evidence, I apportion $200 to this loss. In total I award [NAME] $1536 as calculated on the table at the top of this decision.

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[NAME]

19 May 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: