Tenantcheck Insights · Case study
Tenancy Tribunal case 5423456 — State of repair at Unit/Flat Unit 6, 1195 Dominion Road, Mount Roskill,
Published 17 March 2026 · Application 5423456
Mixed / unclear
- State of repair
- Smoke alarms
- Healthy homes
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Auckland
Tribunal region
Adjudicator
K Henry
Dispute themes
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| her Order 2 or 3 above, then the tenant may undertake the work and charge the landlord the costs of this work up to | $500.00 | her Order 2 or 3 above, then the tenant may undertake the work and charge the landlord the costs of this work up to |
Claims and awards for application 5423456. Verify on MoJ.
her Order 2 or 3 above, then the tenant may undertake the work and charge the landlord the costs of this work up to
- Amount
- $500.00
- Awarded to
- Landlord
- Reason
- her Order 2 or 3 above, then the tenant may undertake the work and charge the landlord the costs of this work up to
Order
- The landlord must pay the tenant $28.00 immediately, being reimbursement of the filing fee.
- The landlord must carry out the following work to the premises, which must be completed by 31 March 2026: Professional pest control treatment of the premises to treat a cockroach infestation.
- As an alternative to compliance with Order 2, the landlord must pay the tenant $500.00 immediately.
- If the landlord fails to comply with either Order 2 or 3 above, then the tenant may undertake the work and charge the landlord the costs of this work up to $500.00 (including GST). These costs may be set off against rent payable.
Reasons
- This is a reserved decision. The hearing for this matter took place on 26 February 2026 via video conference. The tenant attended the hearing and Ms Maturan-Abuid, representative of the landlord, attended the hearing for the landlord.
- The tenant claims that the landlord is responsible for a cockroach infestation at the premises. The tenant wants the problem fixed.
- Under section 45(1)(a) - (ca) of the Residential Tenancies Act 1986 (RTA), the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements.
- Where the Tribunal finds the landlord has failed to comply with any of these obligations, it may make an order for the landlord to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.
- If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order. This provision does not apply to any work order, or part of a work order, in relation to smoke alarms, insulation, a failure to comply with a standard of fitness under section 120C Health Act 1956, or a failure to comply with any health or safety legislative requirement. (See sections 78(2) and 78(2AA) of the RTA.)
- A work order may also authorise the tenant to undertake the work and charge the landlord the costs of doing the work, if the landlord should fail to comply with the work order and alternative monetary order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be set off by the tenant against rent payable. (See sections 78(2AAB) and 78(2AAC)(b) of the RTA.)
Has the landlord failed to comply with their obligations?
- The tenant says that the premises have become infested with insects and is seeking a works order to have the premises treated for this infestation. The landlord says that they do not believe they are responsible for the infestation.
- The tenant provided photographs showing that the outside area (stairwell and landing) of the shared complex was dirty. Towards the end of 2025, a representative of the landlord ordered that this area be water blasted. This was done in February 2026.
- The usual position with infestations of insects or rodents is that the landlord is only responsible for remedying the situation if the tenant can prove that the landlord was responsible for the infestation. Clearly, this is easier to prove if the infestation is present at the start of the tenancy.
- The landlord says that the stairwell area is water blasted yearly or as needed and that part of routine maintenance is to removal rubbish from the common areas of the premises, including the stairwell.
- However, when asked to provide the dates of the water blasting for the stairwell area in the last 3 years the landlord said this was done in August 2022, July 2023 and February 2026. This means that there was a period of over 2.5 years when the water blasting was not carried out.
- I take judicial notice that cockroaches are attracted to areas including outside stairwells which are unclean. I find that failing to water blast this area for over
- 5 years is likely to have caused or contributed to the infestation of cockroaches in the tenant’s unit.
- Section 45(1)(b) of the RTA provides that a landlord must maintain the premises in a reasonable state of repair. The definition of ‘premises’ at section 2 of the RTA includes lifts and stairways.
- I find that by failing to keep the lifts and stairways reasonably clean the landlord has breached section 45(1)(b) of the RTA.
- For this reason, I have issued the work order set out above. If the landlord does not comply with this order within the specified timeframe, the landlord is to pay the tenant $500.00. If the landlord does not comply with Order 2 or Oder 3, then the tenant may complete the work to the value of $500.00 (including GST) and deduct this from the rent. The filing fee:
- The tenant has wholly succeeded with the claim. For this reason, I must order reimbursement of the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s120C, s2, s45(1), s78(1), s78(2), s78(2AAB)
Key findings
- Dispute theme: state of repair
- Dispute theme: smoke alarms
- Dispute theme: healthy homes
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5423456?
The tribunal order states: The landlord must pay the tenant $28.00 immediately, being reimbursement of
How much money was awarded in case 5423456?
Her Order 2 Or 3 Above, Then The Ten…: $500.00 awarded to landlord
What type of tenancy dispute was case 5423456?
The primary dispute was State of repair. Related themes: Smoke alarms, Healthy homes.
Where can I read the official tribunal order for case 5423456?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13191529-Tenancy_Tribunal_Order.pdf.