Landlord maintenance case: Tenants awarded $650 over dilapidated fence
Maintenance issues do not have to make a rental uninhabitable before they become a problem. When part of a property is visibly deteriorating or potentially unsafe, landlords may be expected to address it within a reasonable timeframe.
In this Auckland case, the Tenancy Tribunal considered several claims from both sides, including a boundary fence that had missing palings, exposed nails and required bracing. Other concerns relating to the condition and management of the property were also considered.
The decision shows what can happen when maintenance is delayed and how the Tribunal approaches competing landlord and tenant claims.
Key takeaways
The tenants received $650 after the Tribunal found the landlord had failed to maintain a dilapidated boundary fence.
The fence had missing palings, exposed rusting nails and makeshift bracing, affecting privacy and creating a safety risk.
The Tribunal found the condition should have been apparent during inspections or the landlord's visits to mow the lawns.
The landlord separately received $550 for wall damage that went beyond fair wear and tear.
Claims involving the toilet, water invoices, quiet enjoyment, curtains and cleaning did not result in additional compensation.
After the awards were offset, the landlord owed the tenants $128, and the full $2,600 bond was returned to the tenants.
How did the dispute begin?
The tenancy at Mangere Bridge began in July 2021 at $650 a week and continued until the tenants moved out in September 2025. A $2,600 bond had been lodged.
Shortly after moving out, the tenants applied to the Tenancy Tribunal for the return of their bond and compensation. The landlord also made claims relating to the condition of the property at the end of the tenancy.
The biggest maintenance issue was the northern boundary fence, but it was not the only matter the Tribunal had to consider.
What did the tribunal find?
The Tribunal found the landlord responsible for failing to maintain the boundary fence. The other issues involving the toilet, water invoices, quiet enjoyment, wall damage, curtains and cleaning produced mixed findings for both sides.
Boundary fence
The fence had missing palings, exposed nails and makeshift bracing. Although the landlord said they only became aware of the problem in July 2025, the Tribunal found its "dilapidated" condition should have been apparent during inspections or lawn-mowing visits.
The fence affected the tenants’ privacy and presented a potential safety risk. The tenants were awarded $678 for the landlord’s failure to maintain it.
Toilet cistern
The landlord delayed a cistern repair because of staining on the toilet seat. The Tribunal said cleaning could have been arranged separately rather than holding up the repair.
However, because the cause of the staining could not be determined, neither party was found in breach.
Water invoices
The tenants sometimes received seven or eight months of water invoices at once, making budgeting difficult. The Tribunal said invoices should have been provided within a reasonable timeframe.
However, there were no outstanding charges and the tenants sought no further remedy, so no award was made.
Quiet enjoyment
The tenants claimed the landlord yelled during a disagreement about building waste. The landlord denied shouting but admitted being frustrated.
The Tribunal accepted that both sides recalled the incident differently and was not satisfied that the interaction amounted to a breach of the tenants’ quiet enjoyment.
Wall damage
The landlord claimed $1,110 for picture holes and other wall damage. The Tribunal found that the damage went beyond fair wear and tear.
After considering depreciation and the insurance excess recorded in the tenancy agreement, the landlord was awarded $550.
Curtains and cleaning
The landlord’s remaining claims were unsuccessful. There was insufficient evidence to establish the condition of the curtains, while the claimed cleaning costs lacked supporting documentation.
The tenants had also paid for professional cleaning and provided photographs showing the property in a reasonably clean condition.
What are landlords required to maintain?
Under New Zealand law, landlords must provide and maintain rental properties in a reasonable state of repair. Tenancy Services’ property maintenance guidance explains that rental properties must be safe and healthy, with landlords meeting relevant building, health and safety requirements.
This includes:
Maintaining the structure, plumbing, electrical wiring, locks and other parts of the property in working order.
Arranging necessary repairs and addressing maintenance issues when they arise.
Carrying out regular property inspections to identify repairs or maintenance that may be needed.
Managing exterior maintenance that falls to the landlord, including tasks such as house washing and gutter cleaning.
Tenants also have responsibilities. They must keep the property reasonably clean and tidy and tell the landlord when something needs repairing. However, responsibility for maintaining the rental itself in a reasonable state of repair remains with the landlord.
This distinction was central to the decision. The landlord was responsible for the deteriorating fence, while the tenants were held responsible for wall damage that went beyond fair wear and tear.
What actions did the landlord and tenants take?
The fence was eventually repaired, but the Tribunal still considered the period during which its condition affected the tenants’ privacy and safety.
After the final inspection, the tenants said they had been given an opportunity to complete the necessary repairs themselves. The landlord changed course the following day and decided to arrange the work instead.
The Tribunal found the landlord was entitled to do this. Once the tenancy had ended and the tenants had vacated, the landlord did not have to allow them to return to complete repairs and could choose which tradespeople carried out the work.
Both sides then relied on photographs, invoices and other records to support their respective claims before the Tribunal.
Evidence has also been important in other Tribunal disputes. In Staircase’s fridge damage and bond dispute case study, the landlord recovered proven damage and cleaning costs, while several other claims were rejected because the evidence was insufficient.
What did the tenancy tribunal decide?
The Tribunal awarded compensation to both sides.
The tenants received $650 for the failure to maintain the fence, while the landlord received $550 for wall damage.
The tenants also recovered their $28 filing fee because they had followed the formal application process. The landlord had been allowed to make an oral claim at the hearing without paying a filing fee.
After the awards were offset, the landlord owed the tenants $128. The Tribunal also ordered the full $2,600 bond to be returned to the tenants.
What can landlords learn from this case?
Visible maintenance problems are worth addressing early. Although the fence was eventually repaired, the Tribunal still awarded compensation for the period when its condition affected privacy and created a safety risk.
Regular inspections can help identify deterioration before it develops further, even when a tenant has not recently reported the issue. Tenancy Services’ inspection guidance recommends regular inspections to check that the property is working properly, identify damage and pick up maintenance issues.
The wider decision also highlights several practical habits:
Send water invoices within a reasonable timeframe.
Keep maintenance and cleanliness issues separate so necessary repairs are not delayed.
Use inspections to check for deterioration as well as tenant-caused damage.
Keep photographs, invoices and repair records to support any future claim.
Address landlord maintenance obligations separately from genuine tenant-caused damage.
Good records and timely action can make each party’s responsibilities clearer if a disagreement later reaches the Tribunal.
Conclusion
Rental properties need ongoing attention, particularly during longer tenancies. Small signs of deterioration are easier to manage when they are identified early, before they begin affecting safety, privacy or the condition of the property.
Regular inspections, clear maintenance records and timely repairs can help landlords keep track of what needs attention while providing a clearer record if a disagreement later reaches the Tribunal.
For further information, browse Staircase’s guides and resources and contact the Staircase team for property management support.
Disclaimer: This article is general information only. It does not take into account your personal financial situation, goals or circumstances, and it is not financial advice. Before making any property or financial decision, consider seeking advice from a licensed financial adviser.
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