Tenant Wins Repairs and Compensation for Water Losses
📌 In brief
In a recent Tenancy Tribunal case, a tenant successfully argued that the landlord must perform several repairs and compensate the tenant for water losses caused by the landlord's failure to maintain the premises.
⚖️ Legal holding
A tenant is entitled to have the landlord maintain the premises to a reasonable standard and compensate for water losses caused by the landlord's failure to maintain the premises.
📖 What the law says
This section outlines the landlord's responsibilities, including providing the premises in a reasonable state of cleanliness and maintaining them in a reasonable state of repair. It also requires landlords to comply with building, health, and safety requirements and to compensate tenants for reasonable repair expenses in certain situations.
This section describes the types of orders the Tenancy Tribunal can make. These orders can include declarations about rights or obligations, orders for a party to give up possession of premises, or orders for a party to pay money.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal denied termination of the tenancy but ordered the landlord to perform several repairs and compensate the tenant for water losses.
📜 Headnote Official document
The Tenancy Tribunal denied the landlord's application to terminate the tenancy but ordered the landlord to perform several repairs and compensate the tenant for water losses caused by the landlord's failure to maintain the premises.
📚 Full judgment Official document
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[2025] NZTT 4978868, 4951713, 5041989
TENANCY TRIBUNAL AT WAITAKERE | TE TARAIPIUNARA RETIHANGA KI WAITĀKERE
APPLICANT/RESPONDENT:
[redacted]
APPLICANT/RESPONDENT
[NAME]
Tenant
[COMPANY] as agent for [NAME] for the Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The landlord must carry out the following work to the premises, which must be completed by 17 May 2025:
a. Replace the toilet.
b. Repair the leaking outside tap.
c. Inspect the kitchen and bathroom extractor fans and remediate them if required.
d. Repair the front gate to a reasonable, professional standard of repair.
e. Engage a specialist roofing contractor to investigate any leaks to the study/small rear bedroom’s roof and onto the master bedroom’s window frame and remediate any leaks.
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f. Engage a qualified electrician to inspect electrical issues at the premises in respect to the master bedroom’s lights and the lounge’s lights and remediate any issues to a reasonable standard of repair.
2. The tenant must provide [COMPANY] with a copy of her video of water leaking onto the master bedroom’s window by 20 March 2025.
3. [COMPANY] must reimburse or credit the tenant 10 per cent of the tenant’s water invoices from the beginning of the tenancy and until the leaks referred to in Order 1(a) and 1(b) are fixed.
REASONS:
1. The tenant attended the hearing in person.
2. [NAME] attended for [NAME], the landlord’s agent.
3. Meita Fesola’i attended for [NAME], the sublandlord.
4. [NAME] claims against [NAME] that its tenant has damaged the premises including the front gates, its tenant has not kept the premises reasonably clean and tidy, and it suspects the tenant of using illegal drugs at the premises. It seeks orders that [NAME] end the tenant’s tenancy and return the premises to their prior condition.
5. [NAME] claims against [NAME] for it failing to maintain the premises in respect to the outdoor tap, the toilet, lighting wiring, the extractor fans, a leak in the back bedroom, the master bedroom window, and the front gate. She seeks work orders, and compensatory and exemplary damages.
6. [NAME] claims against the tenant for water, and for breach of 14-day notices for untidiness and consuming unlawful drugs. It seeks orders for termination and compensation for expenses.
Should the tenancy be terminated?
7. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate.1
8. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
1 See section 56(1) Residential Tenancies Act 1986 (RTA).
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9. The landlord alleges the tenant has breached their obligations by failing to keep the premises reasonably clean and tidy and consuming or permitting the consumption of cannabis.
10. The landlord served 14-day notices on the tenant on and says the tenant did not remedy the breaches within the required period.
11. It would be inequitable to refuse to terminate the tenancy because the tenant was having difficulties at the time the 14-day notices for cleanliness were issued but has now turned things around and I am not satisfied that she is not currently keeping the premises reasonably clean.
12. The tenant admits she consumes cannabis but says that she only consumes legally prescribed medicinal cannabis. It has not been proved that the consumption of the cannabis at the premises is unlawful and it does not appear the premises are being damaged by the consumption.
13. The application for termination is refused.
Should the Tribunal make work orders?
14. The tenant claims that the landlord has not replaced a leaking toilet, fixed a leaking outdoor tap, ensured the extractor fans are working properly, repaired the front gate, adequately addressed leaks in the rear bedroom and through the master bedroom window, or fixed lighting issues in the master bedroom and lounge. The tenant wants the problems fixed.
15. The landlord has an obligation to provide and maintain the premises to a reasonable standard or repair.2
16. Where the Tribunal is satisfied that work is required to ensure the premises are maintained to a reasonable standard it may make an order for the landlord to carry out the work.3
17. In this case, the landlord consents to the work orders made above so it is not necessary to make formal findings of breach against the landlord.
Water invoices
18. The landlord sought an order for water arrears.
2 Under s 45(1)(b) of the RTA. 3 RTA, s 78(1)(e).
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19. However, the premises’ toilet cistern and the outside tap were leaking. That led to the tenant paying for water that was being lost due to the premises not being properly maintained.
20. The landlord is to reimburse the tenant for 10 per cent of the cost of water throughout the tenancy and until the water leaks are fixed.
The tenant’s compensation and exemplary damages claims
21. The tenant had claimed compensation and exemplary damages for the landlord failing to maintain the premises.
22. However, she had little evidence to support the claims today - such as emails or text messages to prove the date she reported the alleged breaches or photographs proving the alleged disrepair.
23. Therefore, I did not proceed to determine those claims today. Rather, I focussed on making orders to ensure the premises is maintained to a reasonable standard in future.
24. However, the tenant may bring those claims to the Tribunal at a later date. If so, she must provide supporting evidence for the claims.
[NAME]
13 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 agreed to perform the necessary repairs, making formal findings of breach unnecessary.
- The tenant was having difficulties when notices for cleanliness were issued but has since improved.
- The tenant only consumes legally prescribed medicinal cannabis, and it was not proven to be unlawful or damaging the premises.
- The toilet cistern and outside tap were leaking, causing the tenant to pay for lost water.
❌ Tends to be rejected
- The landlord's claim for termination due to cleanliness issues was rejected because the tenant is now keeping the premises reasonably clean.
- The tenant's claims for compensation and exemplary damages lacked sufficient supporting evidence.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal denied the landlord's request to terminate the tenancy and ordered the landlord to perform several repairs and compensate the tenant for water losses.
What was the dispute about?
The dispute was about the landlord's failure to maintain the premises, leading to water leaks and damage to the property.
How did the court decide, and why?
The court decided to deny the termination of the tenancy and order repairs because the landlord had not fulfilled their obligation to maintain the premises to a reasonable standard.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 45(1)(b) and 78(1)(e) were applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord had failed to maintain the premises to a reasonable standard, causing water leaks and damage.
Was the decision for or against the person who brought the case?
The decision was for the tenant who brought the case.
What does this mean for someone in a similar situation?
For tenants facing similar situations, it means they can seek repairs and compensation for water losses caused by the landlord's failure to maintain the premises.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.