What was Tenancy Tribunal case 4543974 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 4543974?

Compensation: $500.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4543974?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4543974?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9319806-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4543974 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 4543974?

Compensation: $500.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4543974?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4543974?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9319806-Tribunal_Order_Redacted.pdf.

Unit/Flat 5, 17 Surrey road, Springvale, Manawatu 4501 Tenancy Tribunal Case 4543974 — Exemplary damages

Claims and awards in Tenancy Tribunal application 4543974. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
immediately being compensation of	$500.00	immediately being compensation of
exemplary damages of	$500.00	exemplary damages of
and reimbursement of the filing fee of	$20.44	and reimbursement of the filing fee of

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the Tenants’ name and identifying details.
Property Brokers Whanganui Sara Hill must pay [The tenant/s] $1020.44 immediately being compensation of $500.00, exemplary damages of $500.00 and reimbursement of the filing fee of $20.44.

Reasons

Both parties attended the hearing.
The tenants’ application made the following claims for compensation and exemplary damages: a. The landlord had breached the Healthy Homes Standards (“HHS”) by not supplying a heat pump and an extractor fan for the kitchen. b. The landlord had failed to maintain the property by: • Not fixing the shower hose promptly • Not addressing issues with mould and seepage • Not repairing a fence. c. The landlord had failed to keep the outside of the property free of cats.
In considering the claims, the “standard of proof” is “on the balance of probabilities.” In other words, the tenants must establish with evidence that their claim is “more likely than not.” I consider each of the claims bearing in mind the standard of proof required.
I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented, including oral testimony. I must weigh this evidence to decide what is more likely. Certain types of evidence carry more weight, which must be taken into account when weighing all the evidence.
Contemporaneous documents such as emails, texts and photographs are often helpful in making factual findings, especially where facts are disputed or there are gaps in the recollection of the parties.
While I may not have referred to all the evidence presented at the hearing, the parties can be assured that it has all been considered.
By accepting the evidence of one person over that of another person, I am not saying that I do not believe the first person’s evidence, only that the evidence of the other person is more likely and may be supported by other evidence that makes it more likely. The Healthy Homes Standards
This tenancy started on 5 March 2019.
The HHS do not apply to tenancies that started before 1 July 2021.
The tenants’ claims for breaches of the HHS must therefore be dismissed. Cats
The landlord is not under any legal obligation to keep cats off the property.
The tenants’ claim must be dismissed. Failure to maintain
Section 45(1)(b) of the Residential Tenancies Act 1986 (“RTA”) provides that the landlord must provide and maintain the premises in a reasonable state of repair. Section 40(1)(d) of the Act requires the tenant to notify the landlord, as soon as possible after discovery, of any damage or of the need for repairs to the premises. Thus, once the tenants notified the landlord or the landlord otherwise becomes aware of the need for repairs, the obligation in section 45(1)(b) requires those repairs to be attended to in a timely manner. A failure to comply with section 45(1)(b) of the Act is also declared to be an unlawful act for which exemplary damages up to $7,200.00 may be payable: section 45(1A) and Schedule 1A of the Act.
The tenant provided the following evidence: a. An email to the landlord’s agent sent in early April 2022 complaining of a wet stain on the carpet, that the windows and walls get wet and that the bathroom grows mould every two weeks. Photographs were attached of a single damp patch and a fence. b. An email dated 27 April 2022 resending that email to the landlord’s agent and advising that nothing had happened and that “Me and my husband getting sick every day with mould allergies. Please pay attention to my request other it will get too late.” c. A text to the landlord’s agent dated 10 February 2023 complaining that the shower was leaking. d. A text to the landlord’s agent dated 15 March 2023 complaining that nothing had been done about the shower. e. A text from the landlord’s agent to the tenant dated 16 March 2023 advising that this would be followed up with the owner. f. A text to the landlord’s agent dated 30 March 2023 complaining regarding the shower. g. An email to the landlord’s agent dated 6 April 2023 complaining about the shower: “We are struggling having shower every day and I requested for it from last two months haven’t got any update yet.” h. Medical records showing that one of the tenants suffers from allergies and was prescribed medication. i. Details of doctor’s bills paid.
The tenancy ended on 23 April 2023.
The landlord’s agent advised that the initial email from early April 2022 was not received and that no issues were raised at any of the subsequent regular property inspections regarding dampness. Other than the emails in April 2022, the tenants produced no evidence of complaints to the landlord’s agent about dampness or mould.
The landlord’s agent gave evidence that there was never any evidence of mould at the property. The tenants explained that this was because they regularly cleaned the property to remove mould.
On the evidence before the Tribunal, I am not satisfied on the balance of probabilities that the tenants brought the issues of dampness and mould to the landlord’s attention.
Nor am I satisfied that the issue regarding the fence was sufficiently serious to require the landlord’s attention.
The tenants’ claims in relation to these matters is dismissed.
In relation to the shower hose, the parties accept that the landlord’s agent was advised of the issue on 10 February 2023 but that it remained unaddressed at the end of the tenancy on 23 April 2023.
The landlord’s agent advised that the tenants’ complaint was referred to the property owner who was responsible for instructing tradespeople. The owner did not take any steps, despite the tenants complaining to the landlord’s agent on four separate occasions.
I accept the tenants’ evidence that the damage to the shower hose caused it to become practically ineffective. This means that the tenants were without an adequate shower for ten weeks. The tenants advised that there was no bath in the property and that this meant that the tenants had to persist using a shower with minimal water pressure and use a bucket to rinse themselves off.
The provision of a properly functioning bathroom is a fundamental obligation of the landlord. The tenants should be compensated for the lack of this basic amenity. It is appropriate that a sum of $500.00 ($50.00 per week for ten weeks) be awarded to the tenants. Exemplary damages: failure to maintain
The landlord has committed an unlawful act in not repairing the shower during the tenancy.
Once it has been determined that an unlawful act has been committed, the Tribunal must first consider the intent of the person against whom the order is sought.
The landlord’s failure to take action after four separate notifications of the issue with the shower indicates that the landlord chose not to take steps in a timely manner to engage a plumber to fix the issue. This indicates intention.
If the Tribunal considers that the person against whom the order is sought has committed the unlawful act intentionally, the tribunal must then consider whether it would be just to require that person to pay exemplary damages, taking into account: a. The intention of the person b. The effect of the unlawful act c. The interests of the party against whom the unlawful act was committed d. The public interest.
Considering these matters in this application: a. The failure to fix the shower detracted significantly from the tenants’ enjoyment of the property. b. The failure to fix the shower extended over a lengthy period of time. c. The landlord had repeated and adequate notice of the defect. d. There is a public interest in deterring landlords from not attending to significant outstanding maintenance issues such as this.
It is appropriate that exemplary damages of $500.00 be awarded to the tenant.
Because the tenant has been largely successful in their application, it is appropriate that the landlord reimburse them the filing fee.

Claims and awards in Tenancy Tribunal application 4543974. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
immediately being compensation of	$500.00	immediately being compensation of
exemplary damages of	$500.00	exemplary damages of
and reimbursement of the filing fee of	$20.44	and reimbursement of the filing fee of

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the Tenants’ name and identifying details.
Property Brokers Whanganui Sara Hill must pay [The tenant/s] $1020.44 immediately being compensation of $500.00, exemplary damages of $500.00 and reimbursement of the filing fee of $20.44.

Reasons

Both parties attended the hearing.
The tenants’ application made the following claims for compensation and exemplary damages: a. The landlord had breached the Healthy Homes Standards (“HHS”) by not supplying a heat pump and an extractor fan for the kitchen. b. The landlord had failed to maintain the property by: • Not fixing the shower hose promptly • Not addressing issues with mould and seepage • Not repairing a fence. c. The landlord had failed to keep the outside of the property free of cats.
In considering the claims, the “standard of proof” is “on the balance of probabilities.” In other words, the tenants must establish with evidence that their claim is “more likely than not.” I consider each of the claims bearing in mind the standard of proof required.
I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented, including oral testimony. I must weigh this evidence to decide what is more likely. Certain types of evidence carry more weight, which must be taken into account when weighing all the evidence.
Contemporaneous documents such as emails, texts and photographs are often helpful in making factual findings, especially where facts are disputed or there are gaps in the recollection of the parties.
While I may not have referred to all the evidence presented at the hearing, the parties can be assured that it has all been considered.
By accepting the evidence of one person over that of another person, I am not saying that I do not believe the first person’s evidence, only that the evidence of the other person is more likely and may be supported by other evidence that makes it more likely. The Healthy Homes Standards
This tenancy started on 5 March 2019.
The HHS do not apply to tenancies that started before 1 July 2021.
The tenants’ claims for breaches of the HHS must therefore be dismissed. Cats
The landlord is not under any legal obligation to keep cats off the property.
The tenants’ claim must be dismissed. Failure to maintain
Section 45(1)(b) of the Residential Tenancies Act 1986 (“RTA”) provides that the landlord must provide and maintain the premises in a reasonable state of repair. Section 40(1)(d) of the Act requires the tenant to notify the landlord, as soon as possible after discovery, of any damage or of the need for repairs to the premises. Thus, once the tenants notified the landlord or the landlord otherwise becomes aware of the need for repairs, the obligation in section 45(1)(b) requires those repairs to be attended to in a timely manner. A failure to comply with section 45(1)(b) of the Act is also declared to be an unlawful act for which exemplary damages up to $7,200.00 may be payable: section 45(1A) and Schedule 1A of the Act.
The tenant provided the following evidence: a. An email to the landlord’s agent sent in early April 2022 complaining of a wet stain on the carpet, that the windows and walls get wet and that the bathroom grows mould every two weeks. Photographs were attached of a single damp patch and a fence. b. An email dated 27 April 2022 resending that email to the landlord’s agent and advising that nothing had happened and that “Me and my husband getting sick every day with mould allergies. Please pay attention to my request other it will get too late.” c. A text to the landlord’s agent dated 10 February 2023 complaining that the shower was leaking. d. A text to the landlord’s agent dated 15 March 2023 complaining that nothing had been done about the shower. e. A text from the landlord’s agent to the tenant dated 16 March 2023 advising that this would be followed up with the owner. f. A text to the landlord’s agent dated 30 March 2023 complaining regarding the shower. g. An email to the landlord’s agent dated 6 April 2023 complaining about the shower: “We are struggling having shower every day and I requested for it from last two months haven’t got any update yet.” h. Medical records showing that one of the tenants suffers from allergies and was prescribed medication. i. Details of doctor’s bills paid.
The tenancy ended on 23 April 2023.
The landlord’s agent advised that the initial email from early April 2022 was not received and that no issues were raised at any of the subsequent regular property inspections regarding dampness. Other than the emails in April 2022, the tenants produced no evidence of complaints to the landlord’s agent about dampness or mould.
The landlord’s agent gave evidence that there was never any evidence of mould at the property. The tenants explained that this was because they regularly cleaned the property to remove mould.
On the evidence before the Tribunal, I am not satisfied on the balance of probabilities that the tenants brought the issues of dampness and mould to the landlord’s attention.
Nor am I satisfied that the issue regarding the fence was sufficiently serious to require the landlord’s attention.
The tenants’ claims in relation to these matters is dismissed.
In relation to the shower hose, the parties accept that the landlord’s agent was advised of the issue on 10 February 2023 but that it remained unaddressed at the end of the tenancy on 23 April 2023.
The landlord’s agent advised that the tenants’ complaint was referred to the property owner who was responsible for instructing tradespeople. The owner did not take any steps, despite the tenants complaining to the landlord’s agent on four separate occasions.
I accept the tenants’ evidence that the damage to the shower hose caused it to become practically ineffective. This means that the tenants were without an adequate shower for ten weeks. The tenants advised that there was no bath in the property and that this meant that the tenants had to persist using a shower with minimal water pressure and use a bucket to rinse themselves off.
The provision of a properly functioning bathroom is a fundamental obligation of the landlord. The tenants should be compensated for the lack of this basic amenity. It is appropriate that a sum of $500.00 ($50.00 per week for ten weeks) be awarded to the tenants. Exemplary damages: failure to maintain
The landlord has committed an unlawful act in not repairing the shower during the tenancy.
Once it has been determined that an unlawful act has been committed, the Tribunal must first consider the intent of the person against whom the order is sought.
The landlord’s failure to take action after four separate notifications of the issue with the shower indicates that the landlord chose not to take steps in a timely manner to engage a plumber to fix the issue. This indicates intention.
If the Tribunal considers that the person against whom the order is sought has committed the unlawful act intentionally, the tribunal must then consider whether it would be just to require that person to pay exemplary damages, taking into account: a. The intention of the person b. The effect of the unlawful act c. The interests of the party against whom the unlawful act was committed d. The public interest.
Considering these matters in this application: a. The failure to fix the shower detracted significantly from the tenants’ enjoyment of the property. b. The failure to fix the shower extended over a lengthy period of time. c. The landlord had repeated and adequate notice of the defect. d. There is a public interest in deterring landlords from not attending to significant outstanding maintenance issues such as this.
It is appropriate that exemplary damages of $500.00 be awarded to the tenant.
Because the tenant has been largely successful in their application, it is appropriate that the landlord reimburse them the filing fee.

Tenancy Tribunal case 4543974 — Exemplary damages at Unit/Flat 5, 17 Surrey road, Springvale, Manawatu 4501

At a glance

Tenancy Tribunal case 4543974 — Exemplary damages at Unit/Flat 5, 17 Surrey road, Springvale, Manawatu 4501

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