What was Tenancy Tribunal case 4334495 about?

The tribunal order states: The claim is dismissed.

How much money was awarded in case 4334495?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4334495?

The primary dispute was Mould & damp. Related themes: State of repair, Exemplary damages, Leaks.

Where can I read the official tribunal order for case 4334495?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9982296-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4334495 about?

The tribunal order states: The claim is dismissed.

How much money was awarded in case 4334495?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4334495?

The primary dispute was Mould & damp. Related themes: State of repair, Exemplary damages, Leaks.

Where can I read the official tribunal order for case 4334495?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9982296-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4334495 — Mould & damp

Tenantcheck Insights

Reasons

Both parties attended the hearing on 15 January 2024.

The tenant seeks a maximum award of exemplary damages against the landlord due to the premises being unfit for habitation. The tenant contends that numerous repairs and maintenance are required to be carried out by the landlord on the premises at [address] during the 2 year period that she was residing at the premises.

Written submissions have been filed by both parties; records of the landlord’s attendance of the tenant’s raising of the repairs required and issues at the property have also been adduced.

At the onset, I set out the relevant legal principles that I must address when dealing with complaints raised by the tenant regarding maintenance.

Under section 45 of the Residential Tenancies Act 1986 (‘RTA’), a landlord must: a. provide and maintain the premises in a reasonable state of repair; and b. comply with any relevant enactment in relation to buildings, health and safety.

Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $4,000.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.

In making a decision to award exemplary damages, the Tribunal must be satisfied that the defaulting party has committed an unlawful act intentionally, and have regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.

In summary, a landlord must maintain the premises in a reasonable state of repair having regard to the age and character of the premises and to comply with all requirements in respect of buildings, health, and safety under any enactment so far as they applied to the premises. This includes compliance of the Housing Improvement Regulations 1947 (SR 1947/200) which requires rental properties to be free from dampness (regulation 15).

A tenant has a corresponding duty to notify the landlord, as soon as possible after discovery of any damage to the premises, or of the need for any repairs (see section 40(1)(d) RTA). A tenant must also allow access to the premises for maintenance to be attended to by the landlord.

The landlord’s obligation is therefore to repair within a reasonable time after knowledge of the need for repair, either from observing the property or notice from the tenant: “... the obligation of the landlord, under section 45, is to investigate and repair a defect brought to its attention within a timeframe which is reasonable in the circumstances; and as to what that time is, I think, depends not only on the gravity of the problem but also on the objective evidence of the attempts made by the landlord to investigate, and put right, whatever the problem may be.” (Collins v Professionals Hutt City Ltd DC Wellington, CIV-2009-085-001431, 24 February 2010; see also Merwald Real Estate v Lanauze DC Auckland, MA151-89, 2 May 1989).

Further, and in addition to an award of exemplary damages, compensation ought to be awarded for breach of the landlord’s obligations and where the other party has clearly suffered a loss because of that breach.

As a general rule, a leak is a serious matter and must be repaired promptly. As determined by adjudicator J Robson in Frampton v Property Brokers Limited, TT 4117238, 4122927, 20 Feb 2018, leaks go to the very essence of a tenant’s right to the use and enjoyment of the premises in consideration of the rent that the tenant pays. A leak is not a mere inconvenience; it creates an undesirable and unhealthy living environment.

It goes without saying that only if the landlord is found to in breach of their obligations under section 45 (as set out above) and the tenant has carried out his/her corresponding duty to notify and allow maintenance to be attended to, would an award of compensation and/or exemplary damages be considered and made.

Where the tenant has not carried out his/her corresponding duty to notify or not allow maintenance to be attended to, no award of compensation and exemplary damages will be made.

I now address the specific instances of complaints raised by the tenant of items requiring attention, when the landlord was advised of the issue, and when, if any, the repairs and works had been (or never) carried out during the tenancy of two years from March 2021 to March 2023 and if not, why they haven’t been carried out or attended to.

The tenant moved into the premises on 10 March 2021. Pest control

On 15 March 2021, the tenant rang the customer service centre of the state housing landlord that there were lots of ants and cockroaches through the entire property.

The landlord raised an internal work order for their tradespeople to attend to the issue.

On 4 April 2021, the landlord’s tradespeople made contact with the tenant and attended the premises.

The tenant however denied access to the tradespeople because she feared that the chemicals used to eradicate pests would harm her and her children.

It appears that the tenant has misunderstood the pest controller’s general advice for occupants to stay away from the premises 3-4 hours after the fumigation exercise. I do not consider the advice to stay away from the premises briefly and open windows after returning unreasonable.

The landlord’s maintenance supervisor emailed the tenant on 8 April 2021 to clarify the safety aspect of the fumigation.

On 17 April 2021, the landlord made an appointment to attend to the issue.

On 30 April 2021, the landlord’s tradespeople attended but the tenant refused access for them to attend the issue. The tenant then informed the tradespeople that the tenant will advise them when she is ready to let them attend.

By August 2021, no contact had been made by the tenant for the pest control to be carried out. The landlord then closed off their internal work order.

I am satisfied that the landlord has attempted to remedy the issue within a reasonable time after knowledge of the need for pest control to be carried out. The landlord is not in breach in this instance.

The tenant however has failed to allow access to the premises for necessary works to be attended to by the landlord’s tradespeople.

The tenant has therefore not carried out her corresponding duty to allow maintenance to be attended to.

As the tenant refused and/or failed he tenant failed to allow works to be attended to, no award of compensation and exemplary damages can be made on this issue. Water leak at the rear of the property

On 15 March 2021, the tenant advised the landlord that there is a major leak at the back of the property by the garage where there is flooding everywhere.

On 16 March 2021, the landlord’s tradespeople attended to the property and fixed the issue by replacing the underground water pipe.

I am satisfied that the landlord has remedied the issue within a reasonable time after knowledge of the need for repairs to be carried out. The landlord is not in breach of section 45 RTA.

Consequently, no award of compensation and exemplary damages can be made on this issue. Water leak at the taps and shower head

On or about 15 March 2021, the tenant advised the landlord that water is coming out from the whole tap, shower head and shower frame.

On 25 March 2021, the landlord’s tradespeople attended to the property and fixed the issue by replacing the handbasin and refitted the shower pipe. The landlord’s tradespeople also found no issue with the hot water supply or pressure.

I am satisfied that the landlord has remedied the issue within a reasonable time after knowledge of the need for repairs to be carried out. The landlord is not in breach of section 45 RTA.

Consequently, no award of compensation and exemplary damages can be made on this issue. Wet wall lining in bathroom and vinyl flooring

On 6 April 2021, the landlord’s housing support manager conducted a site visit at the property and the tenant advised about issues with the bathroom.

On 16 June 2021, the landlord’s tradespeople attended to the property and fixed the issue by replacing the wet wall lining in the bathroom and the vinyl flooring.

I am satisfied that the landlord has remedied the issue within a reasonable time after knowledge of the need for repairs to be carried out. The landlord is not in breach of section 45 RTA.

Consequently, no award of compensation and exemplary damages can be made on this issue. Faulty garage door

On 6 April 2021, the landlord’s housing support manager raised a work order to have the garage door secured and repaired.

On 9 April the landlord’s tradespeople attended the site to check on the garage door. Further work orders were issued after getting the scope of work required.

On 14 May 2021, the landlord’s tradespeople attended to the property and fixed the issue by replacing the garage door lock.

I am satisfied that the landlord has remedied the issue within a reasonable time after knowledge of the need for repairs to be carried out. The landlord is not in breach of section 45 RTA.

Subsequently, on 7 July 2021, a further work order was raised on external garage door not able to be secured. The next day on 8 July, the landlord’s tradespeople attend the site and serviced the garage tilt door, replaced the locking mechanism including spring latches and adjusted the spring.

On 15 July 2021, the landlord also replaced the garage roller door.

I am satisfied that the landlord has remedied the issue to do with the garage within a reasonable time after knowledge of the need for repairs to be carried out. The landlord is not in breach of section 45 RTA.

Consequently, no award of compensation and exemplary damages can be made on this issue. Damaged kitchen cabinetry

On 10 April 2021, the landlord raised a work order on damaged kitchen cabinetry.

On 14 May 2021, the landlord’s tradespeople attended to the property and fixed the issue by replacing the kitchen cabinet.

I am satisfied that the landlord has remedied the issue within a reasonable time after knowledge of the need for repairs to be carried out. The landlord is not in breach of section 45 RTA.

Consequently, no award of compensation and exemplary damages can be made on this issue. Vinyl coming away from bathroom floors

On 21 July 2021, the tenant advised the landlord that the bathroom floor vinyl is coming away from bathroom floors.

The landlord raised a work order but again, access was denied by the tenant on 27 August 2021.

Subsequently, on 23 November 2021, another work order was raised on the same issue.

On 14 December 2021, the landlord’s tradespeople attended to the property and fixed the issue by removing the existing vinyl and replacing it.

I am satisfied that the landlord has remedied the issue within a reasonable time after knowledge of the need for repairs to be carried out. The landlord is not in breach of section 45 RTA.

Consequently, no award of compensation and exemplary damages can be made on this issue. Alleged faulty wall heater

On 10 August 2021, the tenant complained that the electric heater is not working properly because it is consuming a lot of power.

On 11 and 12 August 2021, the landlord’s tradespeople attended the property but access was refused. Despite calling cards left, the tenant did not reach out to the tradespeople to check on the electric heater.

By August 2021, no contact had been made by the tenant for the pest control to be carried out. The landlord then closed off their internal work order.

The tenant has therefore not carried out her corresponding duty to allow maintenance/inspections to be attended to.

As the tenant refused and/or failed he tenant failed to allow works to be attended to, no award of compensation and exemplary damages can be made on this issue. Toilet pipe leaking

On 10 August 2021, the tenant advised the landlord that the toilet waste pipe is leaking.

On the same day on 10 August 2021, the landlord’s tradespeople attended to the property and fixed the issue by replacing the water pipe, flush valve, seat and inlet valve.

I am satisfied that the landlord has remedied the issue within a reasonable time after knowledge of the need for repairs to be carried out. The landlord is not in breach of section 45 RTA.

Consequently, no award of compensation and exemplary damages can be made on this issue. Extractor fan not working

On 23 November 2021, the tenant advised the landlord that the extractor fan is not working.

On 1 December 2021, the landlord’s tradespeople attended to the property and fixed the issue by replacing the faulty bathroom extractor fan.

I am satisfied that the landlord has remedied the issue within a reasonable time after knowledge of the need for repairs to be carried out. The landlord is not in breach of section 45 RTA.

Consequently, no award of compensation and exemplary damages can be made on this issue. Noisy bedroom heaters

On 23 November 2021, the tenant advised the landlord that the bathroom heaters were noisy, making loud banging noises and do not stay on for over a minute.

On 6 December 2021, the landlord’s tradespeople attended to the property and fixed the issue by replacing the three faulty bedroom heaters.

I am satisfied that the landlord has remedied the issue within a reasonable time after knowledge of the need for repairs to be carried out. The landlord is not in breach of section 45 RTA.

Consequently, no award of compensation and exemplary damages can be made on this issue. Inspection of power points

On 23 November 2021, the tenant advised the landlord that the power points are faulty in that they do not switch off. The tenant requested for all of the power points in the premises to be checked.

On the same day on 23 November 2021, the landlord’s tradespeople attended to the property and checked the power points and fixed the issue by replacing the power outlets in all bedrooms, living room and replacing the faulty light switch in one of the bedrooms.

I am satisfied that the landlord has remedied the issue within a reasonable time after knowledge of the need for repairs to be carried out. The landlord is not in breach of section 45 RTA.

Consequently, no award of compensation and exemplary damages can be made on this issue. Door lock and fencing

On 11 January 2022, the tenant advised the landlord that she is concerned about safety issues for her daughter in respect of fencing around the property and door lock which is not child proof.

On the same day on 11 January 2022, the landlord’s tradespeople attended to the property and fixed the issues by installing a safety lock on the front door.

Tradespeople also scoped the fencing work on 11 January and further work orders were raised by the landlord.

On 20 January 2022, the landlord’s tradespeople attended to the property and fixed the fencing issues by replacing the fence with a higher fence and installed a gate at the property.

I am satisfied that the landlord has remedied the issue within a reasonable time after knowledge of the need for repairs to be carried out. The landlord is not in breach of section 45 RTA.

On 15 February 2022, the tenant reported to the landlord about collapsed fence and landlord’s tradespeople attended the site shortly thereafter to scope the work required. The landlord raised further internal work orders to repair the collapsed fence but the tenant refused access to the landlord’s tradespeople.

The tenant told the landlord’s tradespeople that she would like the job to be put on hold.

By March 2022, no contact had been made by the tenant for the fencing to be attended to. The landlord then closed off their internal work order.

I am satisfied that the landlord has attempted to remedy the issue within a reasonable time after knowledge of the need for maintenance to be carried out. The landlord is not in breach in this instance.

The tenant however has failed to allow access to the premises for necessary works to be attended to by the landlord’s tradespeople.

Consequently, no award of compensation and exemplary damages can be made on this issue. Conclusion

The landlord has attended to all the issues raised by the tenant in a timely manner. There are instances in which the tenant, after raising issues, had refused access to the landlord’s tradespeople.

The tenant’s raising of numerous repairs and maintenance required to be carried out by the landlord on the premises, does not, by itself, give rise to liability on part of the landlord. It is only after the raising of issues but no action being undertaken or within a reasonable time, that gives rise to potential liability under section 45 RTA.

In the upshot, the landlord is not in breach of their obligation under section 45 RTA. There is nothing before me to conclude that the premises were unfit for habitation.

The tenant’s claim for damages and exemplary damages is unsuccessful.

The tenant seeks a suppression order. I consider that there is little public interest in publication of the tenant’s name and identifying details, despite the tenant having been unsuccessful in the claims filed in the proceedings.

Accordingly, I suppress the tenant’s name and identifying particulars in the publication of this order.