What was the outcome of Tenancy Tribunal case 5294920?

The tribunal order states: The Rent Shop Auckland City Limited as Agent for Pradip & Eldrida D'silva must

How much money was awarded in case 5294920?

Cleaning: $200.00 awarded to tenant; Compensation: $750.00 awarded to tenant; Compensation: $350.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant; Final Water Charges: $98.17 awarded to landlord; Rent: $350.00 awarded to landlord

What type of tenancy dispute was case 5294920?

The primary dispute was State of repair. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5294920?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12223222-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5294920?

The tribunal order states: The Rent Shop Auckland City Limited as Agent for Pradip & Eldrida D'silva must

How much money was awarded in case 5294920?

Cleaning: $200.00 awarded to tenant; Compensation: $750.00 awarded to tenant; Compensation: $350.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant; Final Water Charges: $98.17 awarded to landlord; Rent: $350.00 awarded to landlord

What type of tenancy dispute was case 5294920?

The primary dispute was State of repair. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5294920?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12223222-Tribunal_Order.pdf.

52 Hope Farm Avenue, Pakuranga Heights, Auckland 2010 Tenancy Tribunal Case 5294920 — State of repair

Claims and awards in Tenancy Tribunal application 5294920 — net $878.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent to 13 August 2025	$350.00		Rent to 13 August 2025
Final water charges	$98.17		Final water charges
Compensation for failure to maintain sunroof		$750.00	Compensation for failure to maintain sunroof
Compensation for failure to maintain windows		$350.00	Compensation for failure to maintain windows
Compensation for cleaning		$200.00	Compensation for cleaning
Filing fee reimbursement		$27.00	Filing fee reimbursement
Total award	$448.17	$1,327.00
Net award		$878.83
Bond		$2,800.00
Total payable by Landlord to Tenant		$878.83

Order

The Rent Shop Auckland City Limited as Agent for Pradip & Eldrida D'silva must pay Joaniq Danielle Naude and Daniel Johan Minnaar $878.83 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,800.00 (3454077-004) to Joaniq Danielle Naude and Daniel Johan Minnaar immediately.

Reasons

Both parties attended the hearing on 6 August 2025.
The tenants applied for reduction of the fixed-term tenancy, compensation for breach of the Healthy Homes Standards, and compensation for failure to provide the premises in a reasonably clean and tidy condition.
On 6 August 2025 the Tribunal ordered that, by agreement, the tenancy would end on 13 August 2025. The landlord’s rent summary shows that the rent owed to the end of the tenancy is $350.00. There are also water charges to 7 July 2025 of $98.17. Background
The parties signed a fixed term tenancy starting on 13 September 2024 and expiring on 13 September 2025. The weekly rent was $700.00.
The property was certified as compliant with the Healthy Homes Standards on 23 April 2022. The report said the heating capacity in the main living room was
35kW and the required heating capacity was 7kW.
The landlord performed an inspection of the premises on 10 September 2024. The report noted rust on the stovetop and a large stain on the carpet of bedroom 2. It was noted that the lawns needed some maintenance.
The tenants emailed the landlord on 13 September 2024 to complain about the condition of the premises. The accompanying photographs show the stove, the top of the dishwasher, the oven, and other internal areas. There was mould on the ceiling and a white stain on a carpet. There were also photographs of the grounds, which needed mowing. The landlord apologised for the state of the house and agreed to adjust the rent by two days. The landlord arranged lawn mowing. The tenants were reimbursed for a carpet cleaning invoice ($220.00 – credited to the water charges).
On 3 October 2024 the tenant notified the landlord that the roof in the sunroom was leaking. On 14 November 2024 the tenant notified other maintenance issues, including a clogged outside drain. The tenants say the drain was fixed after two months.
The owner came to the premises on 20 January 2025 to inspect the maintenance issues.
On 3 May 2025 the tenants requested early termination of the tenancy. They referred to financial difficulties. The landlord replied that breaking the fixed term would result in a penalty fee of $550.00 plus GST and suggested that the tenants think about it. The landlord says the tenants did not get back to them.
The tenant notified the landlord of mould in the sunroom, which was being used as a playroom, on 8 June 2025. The tenants said they could not use the room anymore and their daughter’s toys were mouldy. On 25 June 2025 they filed an application with the Tribunal.
On 4 July 2025 the landlord said they wanted to send a builder the next day (a Saturday). The builder attended on Sunday 6 July 2025. The tenants reported that the builder had advised that the sunroom roof was not sealed properly. The front door was swollen from moisture ingress and as a result not shutting or locking.
On 11 July 2025 the tenants reported a leak in their bedroom roof. The landlord acknowledged the email and said they would notify the owner.
The tenants obtained a Healthy Homes Assessment dated 15 July 2025. This found that the property was not compliant with the heating, draught stopping and moisture ingress/drainage standards. There were gaps around windows, the front door was not closing properly, and the window frame was leaking. The required heating capacity was 8.2kW and the heat pump in the living room produced 6.35kW. The landlord reimbursed the tenants for the cost of this report ($205.85).
The owner visited the property on 15 July 2025 to look at the roof leak. On 26 July 2025 he reported that the leaky areas in the conservatory had been sealed with silicone, a palm tree touching the front of the house had been trimmed back, and there were repairs taking place to the roof, doors, and windows. The heating capacity had been increased with the installation of a new heater.
The property was certified as Healthy Homes compliant on 7 August 2025. The report stated that heating capacity of 7kW was required and there was total heating capacity of 8.55kW (6.35kW and a top up heater of 2.2kW). Reduction of Fixed Term
The Tribunal may reduce a fixed term tenancy pursuant to section 66 of the Residential Tenancies Act 1986 (the Act) where: a. There has been an unforeseen change in the applicant’s circumstances; and b. There would be severe hardship to the applicant if the term is not reduced; and c. The applicant’s hardship would be greater than the hardship to the other party if the term is reduced.
Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss.
It was certainly arguable on the information provided by the tenants that they had suffered an unforeseen change in their circumstances causing financial hardship. However, I consider it is unnecessary to consider this part of the application further, because the landlord has effectively acceded to the tenants’ request to be released. At the hearing it was agreed that the tenancy would end on 13 August 2025 and an order was made to that effect. Maintenance Obligations
Under section 45 of the Act, a landlord must, for example: • Provide the premises in a reasonable state of cleanliness. • Provide and maintain the premises in a reasonable state of repair. • Comply with the Healthy Homes Standards.
A landlord is not in breach of their maintenance obligation if they do not remedy a latent or hidden defect (Barfoot & Thompson v Casey (District Court Auckland, CIV 2005-004-001762, 7 November 2007)). This means that a landlord’s maintenance obligation is limited to observable or notified defects, and a tenant has an independent obligation to notify the landlord of damage or the need for repairs. Landlords must investigate and repair a defect brought to their attention in a timeframe that is reasonable in the circumstances (Collins v Professionals Hutt City Limited (District Court Wellington, CIV 2009-085- 001431, 24 February 2010)).
The tenants raised concerns about dampness and mould in early October 2024, about a month after moving in. While this is not a case where no maintenance work has been performed, the issue with leaks in the sunroom was not substantively addressed until July 2025. By that time, there was also a leak in the tenants’ bedroom. It is unclear why organising repairs took so long, especially given the owner (who performs his own maintenance) visited the property on 20 January 2025 to assess the issues.
The tenants’ video evidence showed leaks around windows and in the sunroom in rainy weather. It also showed some light mould on the kitchen and living/dining room ceilings (an open plan area). The landlord provided inspection reports dated 10 September 2024 and 17 June 2025. The first of these has been summarised above. The June 2025 report does not show obvious signs of mould and notes that no mould was seen in bedroom 3 or the bathroom.
The tenants have been living with a leaking sunroom which has affected their enjoyment of the premises. The need for repairs ought to have been recognised and organised earlier. There are no obvious signs of a significant mould problem. The kitchen, adjoining the sunroom, shows some ceiling mould. Curtains which the tenants hung up in the sunroom two months after moving in are speckled with mould in the photographs. Their daughter’s toys have been damaged by mould. I award compensation of $750.00 for loss of amenity caused by damp and mould. A lack of evidence means I cannot assess the cost of replacement toys.
As to other breaches of the Healthy Homes Standards, it is unclear whether there was a failure to comply with the heating standard. The Residential Tenancies (Healthy Homes Standards) Regulations 2019 include a tolerance for existing insufficient heaters. Before the heating upgrade, the premises narrowly missed the 80% tolerance, assuming the heating capacity was 6.35kW compared to a required heating capacity of 8.2kW. However, both reports obtained by the landlord calculated the required heating capacity as 7kW.
There were also gaps around windows, as identified in the report obtained by the tenants and in their video, which likely contributed to the moisture ingress problems. I find that this was a breach of the draught stopping standard. For this breach I assess reasonable compensation at $350.00. Provide Premises in Clean Condition
The evidence establishes that the property was not reasonably clean at the start of the tenancy. By 16 September 2024 it seems the interior had been cleaned (by the tenants) including the carpets, but the garden still needed to be tidied. The tenants queried on 23 September 2024 when the lawns were going to be done. It is not clear when this was achieved.
I acknowledge that the landlord has already adjusted the rent by a few days and reimbursed the carpet cleaning cost. The landlord said the tenants cleaned before they could arrange it. At the same time, the tenants should have been able to move into their new home without having to immediately raise an issue with cleanliness. The kitchen was the main problem. I award compensation of $200.00. Filing Fee
The tenants’ application has been successful. I award the filing fee.

Claims and awards in Tenancy Tribunal application 5294920 — net $878.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent to 13 August 2025	$350.00		Rent to 13 August 2025
Final water charges	$98.17		Final water charges
Compensation for failure to maintain sunroof		$750.00	Compensation for failure to maintain sunroof
Compensation for failure to maintain windows		$350.00	Compensation for failure to maintain windows
Compensation for cleaning		$200.00	Compensation for cleaning
Filing fee reimbursement		$27.00	Filing fee reimbursement
Total award	$448.17	$1,327.00
Net award		$878.83
Bond		$2,800.00
Total payable by Landlord to Tenant		$878.83

Order

The Rent Shop Auckland City Limited as Agent for Pradip & Eldrida D'silva must pay Joaniq Danielle Naude and Daniel Johan Minnaar $878.83 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,800.00 (3454077-004) to Joaniq Danielle Naude and Daniel Johan Minnaar immediately.

Reasons

Both parties attended the hearing on 6 August 2025.
The tenants applied for reduction of the fixed-term tenancy, compensation for breach of the Healthy Homes Standards, and compensation for failure to provide the premises in a reasonably clean and tidy condition.
On 6 August 2025 the Tribunal ordered that, by agreement, the tenancy would end on 13 August 2025. The landlord’s rent summary shows that the rent owed to the end of the tenancy is $350.00. There are also water charges to 7 July 2025 of $98.17. Background
The parties signed a fixed term tenancy starting on 13 September 2024 and expiring on 13 September 2025. The weekly rent was $700.00.
The property was certified as compliant with the Healthy Homes Standards on 23 April 2022. The report said the heating capacity in the main living room was
35kW and the required heating capacity was 7kW.
The landlord performed an inspection of the premises on 10 September 2024. The report noted rust on the stovetop and a large stain on the carpet of bedroom 2. It was noted that the lawns needed some maintenance.
The tenants emailed the landlord on 13 September 2024 to complain about the condition of the premises. The accompanying photographs show the stove, the top of the dishwasher, the oven, and other internal areas. There was mould on the ceiling and a white stain on a carpet. There were also photographs of the grounds, which needed mowing. The landlord apologised for the state of the house and agreed to adjust the rent by two days. The landlord arranged lawn mowing. The tenants were reimbursed for a carpet cleaning invoice ($220.00 – credited to the water charges).
On 3 October 2024 the tenant notified the landlord that the roof in the sunroom was leaking. On 14 November 2024 the tenant notified other maintenance issues, including a clogged outside drain. The tenants say the drain was fixed after two months.
The owner came to the premises on 20 January 2025 to inspect the maintenance issues.
On 3 May 2025 the tenants requested early termination of the tenancy. They referred to financial difficulties. The landlord replied that breaking the fixed term would result in a penalty fee of $550.00 plus GST and suggested that the tenants think about it. The landlord says the tenants did not get back to them.
The tenant notified the landlord of mould in the sunroom, which was being used as a playroom, on 8 June 2025. The tenants said they could not use the room anymore and their daughter’s toys were mouldy. On 25 June 2025 they filed an application with the Tribunal.
On 4 July 2025 the landlord said they wanted to send a builder the next day (a Saturday). The builder attended on Sunday 6 July 2025. The tenants reported that the builder had advised that the sunroom roof was not sealed properly. The front door was swollen from moisture ingress and as a result not shutting or locking.
On 11 July 2025 the tenants reported a leak in their bedroom roof. The landlord acknowledged the email and said they would notify the owner.
The tenants obtained a Healthy Homes Assessment dated 15 July 2025. This found that the property was not compliant with the heating, draught stopping and moisture ingress/drainage standards. There were gaps around windows, the front door was not closing properly, and the window frame was leaking. The required heating capacity was 8.2kW and the heat pump in the living room produced 6.35kW. The landlord reimbursed the tenants for the cost of this report ($205.85).
The owner visited the property on 15 July 2025 to look at the roof leak. On 26 July 2025 he reported that the leaky areas in the conservatory had been sealed with silicone, a palm tree touching the front of the house had been trimmed back, and there were repairs taking place to the roof, doors, and windows. The heating capacity had been increased with the installation of a new heater.
The property was certified as Healthy Homes compliant on 7 August 2025. The report stated that heating capacity of 7kW was required and there was total heating capacity of 8.55kW (6.35kW and a top up heater of 2.2kW). Reduction of Fixed Term
The Tribunal may reduce a fixed term tenancy pursuant to section 66 of the Residential Tenancies Act 1986 (the Act) where: a. There has been an unforeseen change in the applicant’s circumstances; and b. There would be severe hardship to the applicant if the term is not reduced; and c. The applicant’s hardship would be greater than the hardship to the other party if the term is reduced.
Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss.
It was certainly arguable on the information provided by the tenants that they had suffered an unforeseen change in their circumstances causing financial hardship. However, I consider it is unnecessary to consider this part of the application further, because the landlord has effectively acceded to the tenants’ request to be released. At the hearing it was agreed that the tenancy would end on 13 August 2025 and an order was made to that effect. Maintenance Obligations
Under section 45 of the Act, a landlord must, for example: • Provide the premises in a reasonable state of cleanliness. • Provide and maintain the premises in a reasonable state of repair. • Comply with the Healthy Homes Standards.
A landlord is not in breach of their maintenance obligation if they do not remedy a latent or hidden defect (Barfoot & Thompson v Casey (District Court Auckland, CIV 2005-004-001762, 7 November 2007)). This means that a landlord’s maintenance obligation is limited to observable or notified defects, and a tenant has an independent obligation to notify the landlord of damage or the need for repairs. Landlords must investigate and repair a defect brought to their attention in a timeframe that is reasonable in the circumstances (Collins v Professionals Hutt City Limited (District Court Wellington, CIV 2009-085- 001431, 24 February 2010)).
The tenants raised concerns about dampness and mould in early October 2024, about a month after moving in. While this is not a case where no maintenance work has been performed, the issue with leaks in the sunroom was not substantively addressed until July 2025. By that time, there was also a leak in the tenants’ bedroom. It is unclear why organising repairs took so long, especially given the owner (who performs his own maintenance) visited the property on 20 January 2025 to assess the issues.
The tenants’ video evidence showed leaks around windows and in the sunroom in rainy weather. It also showed some light mould on the kitchen and living/dining room ceilings (an open plan area). The landlord provided inspection reports dated 10 September 2024 and 17 June 2025. The first of these has been summarised above. The June 2025 report does not show obvious signs of mould and notes that no mould was seen in bedroom 3 or the bathroom.
The tenants have been living with a leaking sunroom which has affected their enjoyment of the premises. The need for repairs ought to have been recognised and organised earlier. There are no obvious signs of a significant mould problem. The kitchen, adjoining the sunroom, shows some ceiling mould. Curtains which the tenants hung up in the sunroom two months after moving in are speckled with mould in the photographs. Their daughter’s toys have been damaged by mould. I award compensation of $750.00 for loss of amenity caused by damp and mould. A lack of evidence means I cannot assess the cost of replacement toys.
As to other breaches of the Healthy Homes Standards, it is unclear whether there was a failure to comply with the heating standard. The Residential Tenancies (Healthy Homes Standards) Regulations 2019 include a tolerance for existing insufficient heaters. Before the heating upgrade, the premises narrowly missed the 80% tolerance, assuming the heating capacity was 6.35kW compared to a required heating capacity of 8.2kW. However, both reports obtained by the landlord calculated the required heating capacity as 7kW.
There were also gaps around windows, as identified in the report obtained by the tenants and in their video, which likely contributed to the moisture ingress problems. I find that this was a breach of the draught stopping standard. For this breach I assess reasonable compensation at $350.00. Provide Premises in Clean Condition
The evidence establishes that the property was not reasonably clean at the start of the tenancy. By 16 September 2024 it seems the interior had been cleaned (by the tenants) including the carpets, but the garden still needed to be tidied. The tenants queried on 23 September 2024 when the lawns were going to be done. It is not clear when this was achieved.
I acknowledge that the landlord has already adjusted the rent by a few days and reimbursed the carpet cleaning cost. The landlord said the tenants cleaned before they could arrange it. At the same time, the tenants should have been able to move into their new home without having to immediately raise an issue with cleanliness. The kitchen was the main problem. I award compensation of $200.00. Filing Fee
The tenants’ application has been successful. I award the filing fee.

Tenancy Tribunal case 5294920 — State of repair at 52 Hope Farm Avenue, Pakuranga Heights, Auckland 2010

At a glance

Tenancy Tribunal case 5294920 — State of repair at 52 Hope Farm Avenue, Pakuranga Heights, Auckland 2010

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions