What was Tenancy Tribunal case 4345847 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4345847?

Compensation: Breaches of landlord o…: $15,000.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4345847?

The dispute type was not classified.

Where can I read the official tribunal order for case 4345847?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8029529-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4345847 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4345847?

Compensation: Breaches of landlord o…: $15,000.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4345847?

The dispute type was not classified.

Where can I read the official tribunal order for case 4345847?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8029529-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4345847 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4345847 — net $15,020.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Breaches of landlord obligations	$15,000.00	Breaches of landlord obligations
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$15,020.44
Total payable by Landlord to Tenant	$15,020.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
[The landlord/s] must pay [The tenant/s] $15,020.44 immediately, calculated as shown in the table below.

Reasons

Both parties attended the hearing.
This tenancy commenced on 1 November 2021 between [The landlord/s] for the landlord and [The tenant/s] as tenant. The landlord details given in the tenancy agreement are [The landlord/s] name and contact details and the owner is not named.
[The landlord/s] advised that they were acting as agents for the owner and have an agency agreement with the owner.
On 7 March 2022 the owner sold the premise and [The landlord/s] entered into an agency agreement with the new owner.
On 6 July 2022 the new owner gave notice to [The landlord/s] and entered into an agency agreement with [The property agency].
The tenant was sent notice of the change in landlord by email on 7 July 2022.
The Tenancy Tribunal has jurisdiction to determine any dispute that exists between a landlord and a tenant and relates to any tenancy to which this Act applies. See section 77(1) Residential Tenancies Act 1986 (“RTA”).
The definition of landlord in section 2 of the RTA includes a former landlord and an agent of a landlord. Accordingly, there is jurisdiction to determine this claim.
[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 and is seeking compensation.
Under section 45, a landlord must provide the premises in a reasonable state of cleanliness provide and maintain the premises in a reasonable state of repair comply with all requirements in respect of smoke alarms and insulation set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 comply with healthy homes standards comply with any relevant enactment in relation to buildings, health and safety
The landlord breached their obligations as follows: (a) Failed to provide and maintain the premises in a reasonable state of repair. The breaches by the landlord included failing to remove goods left by a previous tenant, failure to address the rodent problem, failure to repair at least two windows which are glued closed, failure to repair the stove and failure to repair a leaky kitchen roof. (b) Failed to comply with healthy homes standards within 90 days of the tenancy commencing. The healthy homes standards were required to be complied with by 1 February 2022. Up until 6 July 2022 the landlord had not complied with the healthy homes standards including the requirements for heating, ventilation, moisture ingress and draft stopping.
The landlord does not dispute that there have been breaches of the landlord obligations and states that difficulties with previous property managers and the owners have contributed to this.
The Tenants’ claim for compensation is in the nature of general damages for the inconvenience and loss of use of the premises due to failure to address issues including the leaking roof and rodents. The tenant gave birth to a baby in December 2021 and has not been able to return to live in the premises since then due to concerns for her children’s health and safety.
The Tribunal has jurisdiction to make an award for general damages pursuant to section 77(2)(n) of the Act: Eayrs v Hindmarsh, DC Wellington, TT223/93, 12 November 1993.
The tenant seeks compensation of $15,000.00 being 24 weeks rent refund from December 2021 to June 2022 as she has been unable to live in the premises. The landlord does not dispute the amount sought. Having considered the factors in this case the Tribunal finds that the amount sought is appropriate in these circumstances and compensation in the sum of $15,000.00 is ordered.
The tenant advised today that she is hopeful the new landlord will address the issues promptly and stated that work was due to commence this afternoon. The tenant is aware that a further claim can be brought against the current landlord if matters are not resolved.
The applicant is seeking suppression of identifying details in any publication of this order. If a party has wholly or substantially succeeded in the proceedings the Tribunal must make the order unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. Section 95A Residential Tenancies Act 1986. The applicant has been wholly successful in these proceedings. Having considered the factors in this case the Tribunal grants suppression as sought.
Because [The tenant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4345847 — net $15,020.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Breaches of landlord obligations	$15,000.00	Breaches of landlord obligations
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$15,020.44
Total payable by Landlord to Tenant	$15,020.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
[The landlord/s] must pay [The tenant/s] $15,020.44 immediately, calculated as shown in the table below.

Reasons

Both parties attended the hearing.
This tenancy commenced on 1 November 2021 between [The landlord/s] for the landlord and [The tenant/s] as tenant. The landlord details given in the tenancy agreement are [The landlord/s] name and contact details and the owner is not named.
[The landlord/s] advised that they were acting as agents for the owner and have an agency agreement with the owner.
On 7 March 2022 the owner sold the premise and [The landlord/s] entered into an agency agreement with the new owner.
On 6 July 2022 the new owner gave notice to [The landlord/s] and entered into an agency agreement with [The property agency].
The tenant was sent notice of the change in landlord by email on 7 July 2022.
The Tenancy Tribunal has jurisdiction to determine any dispute that exists between a landlord and a tenant and relates to any tenancy to which this Act applies. See section 77(1) Residential Tenancies Act 1986 (“RTA”).
The definition of landlord in section 2 of the RTA includes a former landlord and an agent of a landlord. Accordingly, there is jurisdiction to determine this claim.
[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 and is seeking compensation.
Under section 45, a landlord must provide the premises in a reasonable state of cleanliness provide and maintain the premises in a reasonable state of repair comply with all requirements in respect of smoke alarms and insulation set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 comply with healthy homes standards comply with any relevant enactment in relation to buildings, health and safety
The landlord breached their obligations as follows: (a) Failed to provide and maintain the premises in a reasonable state of repair. The breaches by the landlord included failing to remove goods left by a previous tenant, failure to address the rodent problem, failure to repair at least two windows which are glued closed, failure to repair the stove and failure to repair a leaky kitchen roof. (b) Failed to comply with healthy homes standards within 90 days of the tenancy commencing. The healthy homes standards were required to be complied with by 1 February 2022. Up until 6 July 2022 the landlord had not complied with the healthy homes standards including the requirements for heating, ventilation, moisture ingress and draft stopping.
The landlord does not dispute that there have been breaches of the landlord obligations and states that difficulties with previous property managers and the owners have contributed to this.
The Tenants’ claim for compensation is in the nature of general damages for the inconvenience and loss of use of the premises due to failure to address issues including the leaking roof and rodents. The tenant gave birth to a baby in December 2021 and has not been able to return to live in the premises since then due to concerns for her children’s health and safety.
The Tribunal has jurisdiction to make an award for general damages pursuant to section 77(2)(n) of the Act: Eayrs v Hindmarsh, DC Wellington, TT223/93, 12 November 1993.
The tenant seeks compensation of $15,000.00 being 24 weeks rent refund from December 2021 to June 2022 as she has been unable to live in the premises. The landlord does not dispute the amount sought. Having considered the factors in this case the Tribunal finds that the amount sought is appropriate in these circumstances and compensation in the sum of $15,000.00 is ordered.
The tenant advised today that she is hopeful the new landlord will address the issues promptly and stated that work was due to commence this afternoon. The tenant is aware that a further claim can be brought against the current landlord if matters are not resolved.
The applicant is seeking suppression of identifying details in any publication of this order. If a party has wholly or substantially succeeded in the proceedings the Tribunal must make the order unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. Section 95A Residential Tenancies Act 1986. The applicant has been wholly successful in these proceedings. Having considered the factors in this case the Tribunal grants suppression as sought.
Because [The tenant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4345847 — Tenancy dispute

At a glance

Tenancy Tribunal case 4345847 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions