NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

Tribunal rejects $53,000 claim for soiled designer clothing and missed French lessons

Hazel Osborne
By Hazel Osborne
Open Justice multimedia journalist, Wellington ·NZ Herald·
12 May, 2022 02:58 AM5 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Among the costs sought was a bill of $900 for eating out because the apartment smelt too bad to eat in. Photo / 123RF

Among the costs sought was a bill of $900 for eating out because the apartment smelt too bad to eat in. Photo / 123RF

Unhappy tenants have tried to claim more than $50,000 worth of compensation from their landlord, saying a toilet leak destroyed designer clothes, branded devices and caused an illness that left one of them in a toxic shock "coma".

Tenants Ximing Yang and Xiao Pan took their case to the Tenancy Tribunal saying their landlord failed to meet the healthy home's standard after the seal on their toilet burst and flooded their central Auckland unit with human waste and greywater.

They say the leak exposed them to "deadly diseases such as cholera, dysentery, and typhoid" and they were left out of pocket after having to throw out $21,370 worth of contaminated items - including clothing, underwear, shoes, a rug, silk pillowcases and beds.

Some of the items "contaminated" by the flood of human waste were from designer brands such as Gucci, Chanel and Burberry, as well as an iPhone max-pro, Airpods and a MacBook pro.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

The rest of the $53,588 claim related to compensation for a long list of things including "psychology consultations", medical treatment, legal consultation, preparation costs for the hearing, translation services, catch-up French lessons and eating out because of the smell.

However, Tribunal adjudicator Jane Northwood threw out the majority of the couples' claims, stating the extensive list wasn't supported by sufficient evidence and that the landlord made a concerted and prompt effort to fix the problem.

The toilet started leaking on June 25, 2021, causing sewage and wastewater to travel through the bathroom, into the corridor and two upstairs bedrooms. The tenants said sewage was up to 20mm high and destroyed personal property that was on the floors of the bedrooms.

They said they contacted the landlord on the same day, but because they were unable to reach them they cleaned up the initial mess and disposed of the damaged property.

Advertisement
Advertise with NZME.

Another email was sent to the landlord two days later saying the toilet was leaking, they had stopped using it and the floor was damp.

After receiving the email the following morning, the landlord organised an urgent repair and the toilet was scheduled to be fixed the next day.

A report filed by the plumber the following month said he found a blockage that had caused "a considerable amount of mess in the bathroom area, consisting of human waste and toilet paper".

He said it was clear the toilet was blocked but it was still being used, which caused most of the mess, and if he had known the extent of the contamination he would have attended sooner.

Discover more

Opinion

Mary Holm: With today's rules, why bother owning a rental?

13 May 05:00 PM

A faulty seal was found at the base of the toilet by the plumber, and the landlord said this was not an ongoing issue and had the toilet not been blocked by the tenants there would not have been a leak.

"Because of the blockage and the faulty seal, rather than the water rising in the bowl as it normally would, it spewed out of the toilet connection at the base," the tribunal decision released this month read.

"Apparently, the owner and previous tenants had lived in the property for over 10 years and neither had experienced any issues despite the faulty seal," Northwood said.

Industrial cleaners were sent in to decontaminate the property on June 29, and after complaints that the smell still lingered, further decontamination work was done at the beginning of July.

Dehumidifiers and drying equipment set up by the cleaners to dry the carpets were turned off by the tenants. The underlay was eventually replaced.

The tenants told the Tribunal that during their tenancy they had blocked the toilet "about 10 times" and had used a plunger to unblock it before the big leak.

Advertisement
Advertise with NZME.

The claims for compensation for the contaminated items were declined by Northwood, but the tenants were credited $1250 as a rent rebate.

"At no time did the tenants prove ownership of these items, nor destruction of, nor disposal of these alleged items," Northwood said.

"It should be noted that the landlord made an offer of some financial assistance to move out temporarily while the clean-up was taking place. The tenants chose not to avail themselves of the offer."

One of the tenants claimed he was in an alleged "coma" due to toxic shock from the toilet leak, despite receiving no medical evidence, intervention or support.

The tenants also claimed to have suffered from high blood pressure, chest pains, sleep disturbances and stress due to the leak.

However, Northwood declined compensation for those claims as well.

Advertisement
Advertise with NZME.

"The tenants have failed to produce any evidence of damage to their general health, (short and long term) and that the premises were non-compliant with the RTA and toxic."

Yang and Pan were instead ordered to pay $6173 to their landlord for rent arrears, cleaning and water rates.

The landlord was not named in the decision but represented at the hearing by property management company City Sales.

Save

    Share this article

Latest from New Zealand

Crime

'Naughty' parolee holding woman at gunpoint left after telling off from toddler

22 Jun 08:00 AM
New Zealand

New Zealander arrested in France charged with attempted murder of political activist

22 Jun 06:37 AM
New Zealand

Two critically injured after multi-vehicle crash on key Auckland road

22 Jun 05:50 AM

Jono and Ben brew up a tea-fuelled adventure in Sri Lanka

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

'Naughty' parolee holding woman at gunpoint left after telling off from toddler

'Naughty' parolee holding woman at gunpoint left after telling off from toddler

22 Jun 08:00 AM

He had earlier been locked up for outrageously dangerous driving. It was caught on video.

New Zealander arrested in France charged with attempted murder of political activist

New Zealander arrested in France charged with attempted murder of political activist

22 Jun 06:37 AM
Two critically injured after multi-vehicle crash on key Auckland road

Two critically injured after multi-vehicle crash on key Auckland road

22 Jun 05:50 AM
37 players split Lotto Second Division win – where the tickets were sold

37 players split Lotto Second Division win – where the tickets were sold

22 Jun 05:06 AM
Help for those helping hardest-hit
sponsored

Help for those helping hardest-hit

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP