What was Tenancy Tribunal case 4467430 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 4467430?

Tribunal Orders Suppression Of The […: $807.50 awarded to landlord

What type of tenancy dispute was case 4467430?

The primary dispute was Rent arrears. Related themes: Smoke alarms, Healthy homes, Exemplary damages, Mould & damp.

Where can I read the official tribunal order for case 4467430?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9097616-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4467430 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 4467430?

Tribunal Orders Suppression Of The […: $807.50 awarded to landlord

What type of tenancy dispute was case 4467430?

The primary dispute was Rent arrears. Related themes: Smoke alarms, Healthy homes, Exemplary damages, Mould & damp.

Where can I read the official tribunal order for case 4467430?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9097616-Tribunal_Order_Redacted.pdf.

3 Thompson Street, Tokoroa 3420 Tenancy Tribunal Case 4467430 — Rent arrears

Claims and awards in Tenancy Tribunal application 4467430. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Tribunal orders suppression of the [Tenant] and [landlord/s] name and identifying details. 2. [The tenant/s] is to pay [	$807.50		Tribunal orders suppression of the [Tenant] and [landlord/s] name and identifying details. 2. [The tenant/s] is to pay

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the [Tenant] and [landlord/s] name and identifying details.
[The tenant/s] is to pay [The landlord/s] $807.50 immediately, which represents the balance of rent arrears as at 4 March 2023, as reduced and adjusted by the foregoing award.

Reasons

The Tenant attended the hearing. One of the Landlord’s attended. Background
This is a tenancy dispute case between siblings. The Landlord claims rent arrears of $650.00, and the Tenant, his sister, counterclaims for a rent reduction compensating her for the Landlord’s failure to maintain and secure the premises, grant vacant possession, and for her higher power costs, caused by the Landlord’s failures. Facts
The Landlord provided a current rent statement showing arrears of $10,400 are owed by the Tenant. The Landlord was not aware the Tenant had vacated the premises on 4 March 2023, a date which is acknowledged by one of the Landlords who is currently in possession of the premises.
The Tenant counterclaims for a rent reduction and compensation for power costs due to the Landlord's failure to maintain the property, ensure compliance with Healthy Homes Standards, grant vacant possession, and provide reasonably secure premises.
The Tenant also claimed the Landlord’s then partner had waived a week of rent in November 2022. The Landlord did not dispute this claim. The Landlord indicated (nodding) he would agree to retrospectively reduce the rent and/or write-off some or perhaps all the arrears, but not to the point where he had to pay anything to the Tenant.
The Tenant presented evidence of holes in the upstairs lounge ceiling since the beginning of the tenancy, which created drafts in the home and rendered it harder to heat. This led to cold and damp conditions inside the home during the tenancy, affecting the Tenant's health and inflating her power bills as she had to resort to alternative forms of heating, aside from the provided heat pump. The Landlord had been aware of the issue from at least 22/03/2022 but did nothing about the holes. The Landlord does not deny this.
The Landlord wanted to see proof the Tenant’s power bills were higher because of the holes in the ceiling and says his daughter lived upstairs in the rooms further away from the hearing source and she was fine and did not require any additional heating. The Landlord has submitted his power bills since the hearing, but these are for his household’s power consumption in 2021 to March 2022, typically the warmest months during the year, which suggests he is not providing a complete dataset for a fair comparison to be undertaken. The Tenant, on the other hand, says her power bills were approximately $90-100/week through winter in 2022, though she did not provide her power charges either.
The Tenant also claimed that back sliding and wash house doors would not lock, meaning the premises were not reasonably secure, contrary to s 46 of the Residential Tenancies Act. A stranger had entered the tenant’s home without invitation, but there were no Police reports for the period showing she had reported this. Still, the Landlord had known the premises were no lockable since 22/03/2022 and did nothing to correct the situation.
The Tenant claimed the Landlord did not grant vacant possession as his property remained in the garage during the tenancy, taking up space, preventing the Tenant from storing her belongings, which meant two, used couches and a brand- new fridge freezer were damaged from being kept outside. The Landlord did not deny this. Decision
I make the following determination:
The Tenant's claim that the rent of $650.00 was waived is accepted, and therefore, it is not considered rent arrears and is not payable by the Tenant.
The Tenant's counterclaims for a rent reduction and compensation for power costs are accepted as follows: a. The Tenant is awarded a 15% reduction in rent for the full length of her tenancy, from 22/03/2022 to 04/03/23 (50 weeks), due to the Landlord's failure to maintain the property, ensure compliance with Healthy Homes Standards, grant vacant possession, and provide reasonably secure premises. b. The Tenant is awarded $720.00 in compensation for higher power costs due to the Landlord's failure to maintain the property by repairing the ceiling. I am convinced she would have paid higher power to heat the home during winter and have awarded her $180/month over four months. c. The Tenant's request to set off the rent by her crossclaim for compensation is granted. d. The rent owed as of 4 March 2023 was $6,500 and this is reduced to $807.50, given the rent reduction, waived week of rent and compensation for power costs. Exemplary damages
The Landlord's deliberate avoidance of these issues has had a negative impact on the Tenant's mental health, contributing to feelings of low mood and depression. The Landlord is therefore reminded of his obligations and responsibilities to his tenants.
The fact the Landlord and Tenant are brother and sister provides important context but does not alter or lessen the Landlord's obligations and responsibilities.
Exemplary damages are not awarded in this case, as the rent reduction and compensation for power costs are considered adequate compensation for the Tenant and will serve to deter similar Landlords from neglecting their obligations.
The Tenant's concerns regarding the lack of smoke alarms and insulation have been noted, but the Landlord's evidence shows that the insulation was installed prior to the tenancy, and there is no evidence to suggest the smoke alarms were not working or that the issues were brought to the Landlord's attention. However, concerns remain regarding heating and draught-stopping. Conclusion
Based on the above findings, the Tenant's claim that the rent of $650.00 was waived is accepted, and the Tenant's counterclaims for a rent reduction and compensation for power costs are awarded. The Landlord is reminded of his obligations and responsibilities to his tenants, and both parties are encouraged to work towards resolving any outstanding, familial issues.

Claims and awards in Tenancy Tribunal application 4467430. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Tribunal orders suppression of the [Tenant] and [landlord/s] name and identifying details. 2. [The tenant/s] is to pay [	$807.50		Tribunal orders suppression of the [Tenant] and [landlord/s] name and identifying details. 2. [The tenant/s] is to pay

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the [Tenant] and [landlord/s] name and identifying details.
[The tenant/s] is to pay [The landlord/s] $807.50 immediately, which represents the balance of rent arrears as at 4 March 2023, as reduced and adjusted by the foregoing award.

Reasons

The Tenant attended the hearing. One of the Landlord’s attended. Background
This is a tenancy dispute case between siblings. The Landlord claims rent arrears of $650.00, and the Tenant, his sister, counterclaims for a rent reduction compensating her for the Landlord’s failure to maintain and secure the premises, grant vacant possession, and for her higher power costs, caused by the Landlord’s failures. Facts
The Landlord provided a current rent statement showing arrears of $10,400 are owed by the Tenant. The Landlord was not aware the Tenant had vacated the premises on 4 March 2023, a date which is acknowledged by one of the Landlords who is currently in possession of the premises.
The Tenant counterclaims for a rent reduction and compensation for power costs due to the Landlord's failure to maintain the property, ensure compliance with Healthy Homes Standards, grant vacant possession, and provide reasonably secure premises.
The Tenant also claimed the Landlord’s then partner had waived a week of rent in November 2022. The Landlord did not dispute this claim. The Landlord indicated (nodding) he would agree to retrospectively reduce the rent and/or write-off some or perhaps all the arrears, but not to the point where he had to pay anything to the Tenant.
The Tenant presented evidence of holes in the upstairs lounge ceiling since the beginning of the tenancy, which created drafts in the home and rendered it harder to heat. This led to cold and damp conditions inside the home during the tenancy, affecting the Tenant's health and inflating her power bills as she had to resort to alternative forms of heating, aside from the provided heat pump. The Landlord had been aware of the issue from at least 22/03/2022 but did nothing about the holes. The Landlord does not deny this.
The Landlord wanted to see proof the Tenant’s power bills were higher because of the holes in the ceiling and says his daughter lived upstairs in the rooms further away from the hearing source and she was fine and did not require any additional heating. The Landlord has submitted his power bills since the hearing, but these are for his household’s power consumption in 2021 to March 2022, typically the warmest months during the year, which suggests he is not providing a complete dataset for a fair comparison to be undertaken. The Tenant, on the other hand, says her power bills were approximately $90-100/week through winter in 2022, though she did not provide her power charges either.
The Tenant also claimed that back sliding and wash house doors would not lock, meaning the premises were not reasonably secure, contrary to s 46 of the Residential Tenancies Act. A stranger had entered the tenant’s home without invitation, but there were no Police reports for the period showing she had reported this. Still, the Landlord had known the premises were no lockable since 22/03/2022 and did nothing to correct the situation.
The Tenant claimed the Landlord did not grant vacant possession as his property remained in the garage during the tenancy, taking up space, preventing the Tenant from storing her belongings, which meant two, used couches and a brand- new fridge freezer were damaged from being kept outside. The Landlord did not deny this. Decision
I make the following determination:
The Tenant's claim that the rent of $650.00 was waived is accepted, and therefore, it is not considered rent arrears and is not payable by the Tenant.
The Tenant's counterclaims for a rent reduction and compensation for power costs are accepted as follows: a. The Tenant is awarded a 15% reduction in rent for the full length of her tenancy, from 22/03/2022 to 04/03/23 (50 weeks), due to the Landlord's failure to maintain the property, ensure compliance with Healthy Homes Standards, grant vacant possession, and provide reasonably secure premises. b. The Tenant is awarded $720.00 in compensation for higher power costs due to the Landlord's failure to maintain the property by repairing the ceiling. I am convinced she would have paid higher power to heat the home during winter and have awarded her $180/month over four months. c. The Tenant's request to set off the rent by her crossclaim for compensation is granted. d. The rent owed as of 4 March 2023 was $6,500 and this is reduced to $807.50, given the rent reduction, waived week of rent and compensation for power costs. Exemplary damages
The Landlord's deliberate avoidance of these issues has had a negative impact on the Tenant's mental health, contributing to feelings of low mood and depression. The Landlord is therefore reminded of his obligations and responsibilities to his tenants.
The fact the Landlord and Tenant are brother and sister provides important context but does not alter or lessen the Landlord's obligations and responsibilities.
Exemplary damages are not awarded in this case, as the rent reduction and compensation for power costs are considered adequate compensation for the Tenant and will serve to deter similar Landlords from neglecting their obligations.
The Tenant's concerns regarding the lack of smoke alarms and insulation have been noted, but the Landlord's evidence shows that the insulation was installed prior to the tenancy, and there is no evidence to suggest the smoke alarms were not working or that the issues were brought to the Landlord's attention. However, concerns remain regarding heating and draught-stopping. Conclusion
Based on the above findings, the Tenant's claim that the rent of $650.00 was waived is accepted, and the Tenant's counterclaims for a rent reduction and compensation for power costs are awarded. The Landlord is reminded of his obligations and responsibilities to his tenants, and both parties are encouraged to work towards resolving any outstanding, familial issues.

Tenancy Tribunal case 4467430 — Rent arrears at 3 Thompson Street, Tokoroa 3420

At a glance

Tenancy Tribunal case 4467430 — Rent arrears at 3 Thompson Street, Tokoroa 3420

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions