Years of leaks, mould and lost possessions end in $11,600 payout to tenant

Wednesday, 22 July 2026

Wellington’s social housing provider has been ordered to pay $11,606 to a former tenant after it failed to properly address persistent leaks and mould in her unit over almost two years causing her to lose nearly all her possessions

The Tenancy Tribunal ordered Te Toi Mahana to pay the tenant $11,606, including $3600 in exemplary damages for breaching its duty to maintain and repair the property. The tenant's name has been permanently suppressed.

Te Toi Mahana did not attend the tribunal despite being informed and did not give any evidence.

The woman lived in a studio unit in a social housing complex in Brooklyn from March 2024 until December 2025, when she moved out after being told significant work, including removing wall linings, was needed.

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Throughout the tenancy she repeatedly complained about leaks, condensation and mould. While the landlord arranged numerous repairs, the tribunal found it failed to properly investigate the underlying cause of the recurring problems.

The repair history included fixing multiple plumbing leaks, replacing the shower, repairing the hot water cylinder, replacing mould-damaged kitchen cupboards, installing new bathroom flooring and wall linings, fixing a slow leak in the toilet, carrying out mould and moisture testing, and repeated attempts to seal leaks.

Despite the extensive work, the problems continued.

Tribunal adjudicator Kristen Koller found the tenant had been proactive in reporting every issue and had cooperated with repeated visits from tradespeople, but the ongoing repairs and mould took a significant toll on her wellbeing.

'I accept that managing the repairs and the mould took its toll and the tenant's wellbeing deteriorated,' the decision said. “I am persuaded there was a loss of amenity because the tenant was paying rent for a unit which she could not use as intended. “

The tribunal dismissed claims the landlord had breached the Healthy Homes moisture ingress standard, finding that standard relates to drainage systems and subfloor moisture barriers rather than internal plumbing leaks.

However, it found the landlord had breached its duty under the Residential Tenancies Act to maintain the property in a reasonable state of repair.

A key piece of evidence was an email from one of the landlord's contractors in December 2024 recommending further investigation into the ongoing issues. Koller found the landlord should have taken stronger action at that point rather than continuing to deal with problems individually as they arose.

“I find the landlord breached the duty to repair and maintain and they have committed an unlawful act,” she said.

“The effect for the tenant was frustration when no one listened to her and a home that was not a safe space. She said this experience caused her severe emotional distress and made her physically sick,” Koller said.

The tribunal awarded the tenant $1978 for loss of amenity, calculated at $23 a week over the 86 weeks she lived with the problems.

The tribunal also awarded $3600 in exemplary damages, finding the landlord had intentionally minimised the tenant's concerns about mould and condensation despite having 'many opportunities' to better manage the repairs.

The tenant was also awarded compensation for belongings ruined by mould after she estimated she had to leave about 95% of her possessions behind when she moved out. The tribunal awarded $2500 for furniture and appliances, $830 for miscellaneous items and $2670 for clothing after applying depreciation to many of the claimed items.

Koller said a technician from Clear Air went to the property over the winter in 2025 and was very concerned at how quickly the mould was growing after cleaning

The tribunal said there was a public interest in publishing the landlord's name where compensation and exemplary damages had been awarded.