What was the outcome of Tenancy Tribunal case 5225033?

The tribunal order states: The application by the Tenant is dismissed.

How much money was awarded in case 5225033?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5225033?

The primary dispute was Mould & damp. Related themes: State of repair, Property damage, Leaks.

Where can I read the official tribunal order for case 5225033?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12274265-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5225033?

The tribunal order states: The application by the Tenant is dismissed.

How much money was awarded in case 5225033?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5225033?

The primary dispute was Mould & damp. Related themes: State of repair, Property damage, Leaks.

Where can I read the official tribunal order for case 5225033?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12274265-Tenancy_Tribunal_Order.pdf.

23A Brian Crescent, Stanmore Bay, Whangaparaoa 0932 Tenancy Tribunal Case 5225033 — Mould & damp

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Reasons

Both parties attended the hearing.

The Tenant has applied for compensation and reimbursement of the filing fee.

The tenancy began on 9 October 2023 and is still current at the time of the hearing.

As the Tenant is the Applicant, they must prove their case on a balance of probabilities. Compensation

The Tenant seeks compensation in the amount of $1,500.00 for loss of amenity, alleging she was unable to use her bedroom and the adjacent bathroom for approximately weeks during August 2024. She claims that the Landlord failed to address a longstanding leak in the bathroom, which resulted in water seeping into the bedroom wall, affecting the wardrobe and damaging her bed. As a result of the repairs undertaken by the Landlord—namely, replacement of the shower and leaking pipe—the bathroom was rendered unusable during that time. The Tenant also asserts that the downstairs bedroom became uninhabitable due to mould growth on the bed base, requiring her to relocate upstairs with her children, which impacted the household.

The Tenant further claims that the second (upstairs) bathroom was inadequate given there were five occupants in the property. She states that the builders arrived early in the mornings and worked until 4:00 pm daily, forcing her to vacate the premises during the repair works. She also alleges the Landlord unfairly blamed her for the damage due to a failure to report the issue in a timely manner.

The Tenant additionally claims $300.00 as compensation for the replacement of the mould-damaged bed base. She states that, in an effort to create more space in the room, the bed was pushed into the wardrobe area, against the wall of the bathroom. Mould then developed on her bed base.

The Tenant did not provide photographic evidence of the damaged bed base, though she submitted a photograph of water-damaged drawers was provided.

The Landlord disputes the Tenant's claim, stating that the Tenant first reported a leak in the shower on 24 April 2024. A plumber attended that same day and completed necessary repairs. On 9 February 2025, the Tenant informed the Landlord of mould in the downstairs bedroom adjacent to the bathroom. The Landlord inspected the premises on the same day and observed that the bed was pushed against the wall. The Tenant advised at that time that the bathroom was no longer functional. The Landlord arranged for further investigation, including removal of the gib board, but no evidence of mildew, dampness, or rot was found in the wall or flooring. The Landlord thereafter proceeded to upgrade the bathroom, which was completed in approximately one week. The Tenant retained access to an alternative bathroom and toilet upstairs during this time.

The Landlord submitted a Builders report and invoice from the Builders confirming that the damage was consistent with gradual wear and tear over time. The report found no signs of rot in the timber or gib board, and moisture levels were within acceptable ranges. The insurance assessment corroborated these findings, identifying the issue as hidden gradual damage resulting from a leaking pipe. Photographic evidence of the interior wall was also provided, showing no visible deterioration or rot. The law

Pursuant to their obligations under section 45 of the Residential Tenancies Act 1986, landlords are required to provide and maintain the premises in a reasonable state of repair and to comply with all relevant building and health and safety legislation.

Generally, a landlord is not liable for any disrepair unless they have actual or constructive knowledge of the issue.

In considering the evidence, I find that the Tenant has not established, on the balance of probabilities, that the bedroom was uninhabitable for the period claimed, nor that the bathroom’s renovation caused significant loss of amenity. No photographs or independent expert evidence were submitted to support the claim that the bedroom was “unliveable” due to mould. Furthermore, the Tenant has not provided sufficient evidence linking the alleged damage to the Landlord’s failure to maintain the property. The Landlord acted promptly upon notification and arranged for timely inspection and remediation. The builder's report also indicates that the damage resulted from gradual wear rather than neglect or disrepair. There is insufficient evidence to support the claim that the bed base was mould-damaged as alleged, and no proof of purchase or replacement cost was provided.

The Tenant’s claims for compensation are dismissed.

The Tenant shall pay their own filing fee.

Reasons

Both parties attended the hearing.

The Tenant has applied for compensation and reimbursement of the filing fee.

The tenancy began on 9 October 2023 and is still current at the time of the hearing.

As the Tenant is the Applicant, they must prove their case on a balance of probabilities. Compensation

The Tenant did not provide photographic evidence of the damaged bed base, though she submitted a photograph of water-damaged drawers was provided.

Generally, a landlord is not liable for any disrepair unless they have actual or constructive knowledge of the issue.

The Tenant’s claims for compensation are dismissed.

The Tenant shall pay their own filing fee.

Tenancy Tribunal case 5225033 — Mould & damp at 23A Brian Crescent, Stanmore Bay, Whangaparaoa 0932

At a glance

Tenancy Tribunal case 5225033 — Mould & damp at 23A Brian Crescent, Stanmore Bay, Whangaparaoa 0932

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions