How much money was awarded in case 4513065?

Compensation: Mould: $1,142.86 awarded to tenant

What type of tenancy dispute was case 4513065?

The primary dispute was Mould & damp.

Where can I read the official tribunal order for case 4513065?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9205493-Tribunal_Order.pdf.

How much money was awarded in case 4513065?

Compensation: Mould: $1,142.86 awarded to tenant

What type of tenancy dispute was case 4513065?

The primary dispute was Mould & damp.

Where can I read the official tribunal order for case 4513065?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9205493-Tribunal_Order.pdf.

Unit/Flat 2, 162 Hendon Avenue, Mount Albert, Auckland Tenancy Tribunal Case 4513065 — Mould & damp

Q: What was the outcome of Tenancy Tribunal case 4513065?

The tribunal order states: No application for suppression has been made in this case and no suppression

Order

Claims and awards in Tenancy Tribunal application 4513065 — net $1,142.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Mould	$1,142.86	Mould
Net award	$1,142.86
Total payable by Landlord to Tenant	$1,142.86

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Gralin Property Management (Auckland Central) Limited As Agent For Ling Family Trust must pay Ella Jean Speers, Stella Rose Huggins, Abby Marie Burgess and Jyadeep Nagra $1,142.86 immediately.

Reasons

Both parties attended the hearing.

An earlier hearing was held on 19 May 2023. That hearing was adjourned for the outstanding issue of compensation for mould and to monitor compliance with the work order.

A work order was made by consent on 19 May 2023. The work order required the landlord to employ an independent qualified builder to provide a report to identify the cause of the mould in the kitchen and what steps are required to remedy the situation. That work order was to be completed by 9 June 2023.

At the hearing the parties confirmed that the landlord had obtained a builder’s report and that was produced prior to the hearing. The report was prepared by Kia Kaha Construction Ltd. The report agreed with the recommendation of the earlier report from Method Group Ltd which is the report obtained by the tenants.

The parties confirmed that the remedial work was carried out during the week prior to the hearing, from 10 July 2023 until 16 July 2023.

The tenants vacated the premises while the work was carried out and organised their own alternate accommodation. The landlord did not require the tenants to pay rent for the week that they were absent from the premises.

The landlord complied with the work order and accepted the recommendation of the independent builder.

Should the tenants receive compensation?

The tenants advised the landlord of the mould issue on 7 February 2023 soon after moving in. The tenant provided a builder’s report which contained the results of mould analysis that showed evidence of fungal growth.

The tenant’s evidence is that the mould created a foul smell in the kitchen and the health of all the tenants declined. They attribute the health issues to the mould present in the premises. The tenants had to take time off from work and their studies due to the mould and the impact it had on their health. The tenants were inconvenienced due to contractors attending at the premises as well as having to leave the premises for a week in July.

The landlord’s evidence is that the landlord tried to address the mould issue including employing a builder and a cleaner as well as the owner attending at the premises. It seems that the delay in completely addressing the mould issue was due to the owner wanting to carry out the work himself and not accepting the advice of qualified builders that the kitchen units needed to be removed to effectively address the mould issue.

The result is that the tenants have lived in premises with mould. There has been a significant delay in addressing this issue. The tenants should be compensated for their living conditions and the delay in the landlord addressing this maintenance issue.

The compensation has been calculated at $50.00 per week for the time between when the landlord was advised of the problem in February 2023 until July 2023 when the issue was finally resolved. I have included the week when the tenants had the vacated the premises due to the inconvenience for them.

The filing fee was reimbursed to the tenants in the earlier order.

Claims and awards in Tenancy Tribunal application 4513065 — net $1,142.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Mould	$1,142.86	Mould
Net award	$1,142.86
Total payable by Landlord to Tenant	$1,142.86

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Gralin Property Management (Auckland Central) Limited As Agent For Ling Family Trust must pay Ella Jean Speers, Stella Rose Huggins, Abby Marie Burgess and Jyadeep Nagra $1,142.86 immediately.

Reasons

Both parties attended the hearing.
An earlier hearing was held on 19 May 2023. That hearing was adjourned for the outstanding issue of compensation for mould and to monitor compliance with the work order.
A work order was made by consent on 19 May 2023. The work order required the landlord to employ an independent qualified builder to provide a report to identify the cause of the mould in the kitchen and what steps are required to remedy the situation. That work order was to be completed by 9 June 2023.
At the hearing the parties confirmed that the landlord had obtained a builder’s report and that was produced prior to the hearing. The report was prepared by Kia Kaha Construction Ltd. The report agreed with the recommendation of the earlier report from Method Group Ltd which is the report obtained by the tenants.
The parties confirmed that the remedial work was carried out during the week prior to the hearing, from 10 July 2023 until 16 July 2023.
The tenants vacated the premises while the work was carried out and organised their own alternate accommodation. The landlord did not require the tenants to pay rent for the week that they were absent from the premises.
The landlord complied with the work order and accepted the recommendation of the independent builder.

Should the tenants receive compensation?

The tenants advised the landlord of the mould issue on 7 February 2023 soon after moving in. The tenant provided a builder’s report which contained the results of mould analysis that showed evidence of fungal growth.
The tenant’s evidence is that the mould created a foul smell in the kitchen and the health of all the tenants declined. They attribute the health issues to the mould present in the premises. The tenants had to take time off from work and their studies due to the mould and the impact it had on their health. The tenants were inconvenienced due to contractors attending at the premises as well as having to leave the premises for a week in July.
The landlord’s evidence is that the landlord tried to address the mould issue including employing a builder and a cleaner as well as the owner attending at the premises. It seems that the delay in completely addressing the mould issue was due to the owner wanting to carry out the work himself and not accepting the advice of qualified builders that the kitchen units needed to be removed to effectively address the mould issue.
The result is that the tenants have lived in premises with mould. There has been a significant delay in addressing this issue. The tenants should be compensated for their living conditions and the delay in the landlord addressing this maintenance issue.
The compensation has been calculated at $50.00 per week for the time between when the landlord was advised of the problem in February 2023 until July 2023 when the issue was finally resolved. I have included the week when the tenants had the vacated the premises due to the inconvenience for them.
The filing fee was reimbursed to the tenants in the earlier order.

Tenancy Tribunal case 4513065 — Mould & damp at Unit/Flat 2, 162 Hendon Avenue, Mount Albert, Auckland

At a glance

Tenancy Tribunal case 4513065 — Mould & damp at Unit/Flat 2, 162 Hendon Avenue, Mount Albert, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenants receive compensation?

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenants receive compensation?

Topics & place

Key findings

Property management

Frequently asked questions