What was Tenancy Tribunal case 4553111 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 4553111?

Compensation: 50% Rent Reduction: $825.00 awarded to tenant; Compensation: Mould Analysis: $868.95 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4553111?

The primary dispute was Mould & damp.

Where can I read the official tribunal order for case 4553111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9338136-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4553111 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 4553111?

Compensation: 50% Rent Reduction: $825.00 awarded to tenant; Compensation: Mould Analysis: $868.95 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4553111?

The primary dispute was Mould & damp.

Where can I read the official tribunal order for case 4553111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9338136-Tribunal_Order_Redacted.pdf.

55A Westgate Drive, Westgate, Auckland 0614 Tenancy Tribunal Case 4553111 — Mould & damp

Claims and awards in Tenancy Tribunal application 4553111 — net $1,714.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: 50% rent reduction	$825.00	50% rent reduction
Compensation: Mould analysis	$868.95	Mould analysis
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,714.39
Total payable by Landlord to Tenant	$1,714.39

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
Home Sweet Home Property Management Limited As Agent For James Marshall must pay [The tenant/s] $1,714.39 immediately, as below:

Reasons

Both parties attended the hearing.
The tenant sought reimbursement for mould analysis and abatement of rent due to the premises having become uninhabitable. Background
The tenancy began on 13 th May 2022. It was originally for a fixed-term of one year ending on 11 th May 2023.
Before the tenancy began, the tenant checked with the landlord as to whether there were any issues with mould or dampness at the premises as the tenant had a 1-year-old with respiratory issues.
The landlord replied that there were no issues as there was a heat pump at the premises. Furthermore, the premises was compliant with Healthy Homes Standards.
On or around 20 th March 2023, the tenant saw and felt dampness on the hallway carpet. The tenant notified the landlord of this and the landlord sent a plumber to the premises on 22 nd March 2023 to check for leaks.
The plumber cut open the hallway wall and found that water had been leaking from underneath the bathtub on the other side of the wall. It seems that the bath tub started to leak due to normal wear and tear.
The plumber repaired the leak but left the hole in the hallway open to ensure that the leak could be checked again to ensure it had been properly fixed.
Through the hole, the tenant saw that there was a lot of damage to the timber framing as well as black mould on the back of the gib.
As the tenant’s children had issues with chest infections in the past, the tenant became worried.
On 30 th March 2023, the tenant emailed the landlord a 14-day notice to fix the hole in the hallway. The tenant also stated that her colleagues from a building consultancy firm opined that the mould seemed to be Stachybotrys which was highly toxic.
On 6 th April 2023, the landlord came and covered the hole by sealing it with blue plastic. This was a temporary fix as the tenant was going to be moving out soon in any case.
On 11 th April 2023, the tenant engaged professional building consultants. The consultants took samples of the mould and reported back on 17 th April 2023 confirming that samples contained high levels of Stachybotrys and Chaetomium. Furthermore, excessive levels of Penicillium/Aspergillus spores were found in the hallway. The report writer wrote: It is not known whether the access hallway was part of the dwelling or external to the dwelling. If it was part of the dwelling itself there is a high potential that fungal spores may have disseminated throughout the dwelling. In this case it is recommended that the indoor areas not to be used until remediation can occur. Anybody entering the rooms should wear appropriate personal protective equipment. Any hard-surfaced items being removed from the room should be wiped down with warm soapy water and dried thoroughly. Soft furnishings may be HEPA- filter vacuumed and clothing/ bedding laundered, but this does not guarantee the removal of potential toxigenic sub-micron fungal elements. If there is a concern about occupants health issues, it is recommended that a qualified medical professional be consulted over any potential health risks associated with the findings in this report.
On the strength of this report, the tenant considered that the premises was so seriously damaged as to be uninhabitable and gave the landlord a 2-days’ termination notice under section 59(3) of the Residential Tenancies Act 1986 (“RTA”).
As the tenant’s notice was received after 5:00 pm on 17 th April 2023, the parties agreed that the final date of the tenancy would be 20 th April 2023.
The tenant wrote to the landlord seeking for reimbursement of the cost for the mould analysis. The tenant also sought 20% rent reduction for the period between 30 th March 2023 and 20 th April 2023.
The landlord agreed to pay the amount. However, the tenant lodged an application to the Tribunal seeking full reimbursement of the rent paid between 30 th March 2023 and 20 th April 2023.

Should the full rent be refunded?

There is a distinction between an unlawful residential premise under section 78A and the premises becoming so seriously damages as to be uninhabitable under section 59.
If the premises was an unlawful residential premise, then there is provision for whole of the rent to be refunded to the tenant under section 78A(4).
That is not the case for this situation.
This premises had become so seriously water damaged as to be uninhabitable through wear and tear which was not the landlord’s fault. Under section 59(1), the rent can abate and either party may give notice terminating the tenancy.
The tenant confirmed that there was no actual loss of use of the bathroom and there was no proof of any sickness by the tenant or her children related to the bath tub leak.
At the hearing, the tenant had an expert witness, a registered building surveyor, ready to give evidence. The tenant was asked whether there was anything substantial the witness could add in addition to the analysis report dated 17 th April 2023. The tenant said no and accordingly the witness was not called to give evidence.
After the hearing, the tenant reached out to the Tribunal asking for the Tribunal to contact the witness on the phone. That is no provision to do so especially in the absence of the parties. Therefore, the witness was not contacted.
Although the tenant had not provided any evidence of any loss of use or any sickness caused by the bathtub leak, I acknowledge that the tenant had moved out and lived with her father to get away from the hallway mould due to concerns relating to her children.
I order the landlord to refund 50% of the rent between 30 th March 2023 and 20 th April 2023 being $868.95. Filing fee reimbursement
Because [The applicant/s] has wholly succeeded with the claim, the landlord must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4553111 — net $1,714.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: 50% rent reduction	$825.00	50% rent reduction
Compensation: Mould analysis	$868.95	Mould analysis
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,714.39
Total payable by Landlord to Tenant	$1,714.39

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
Home Sweet Home Property Management Limited As Agent For James Marshall must pay [The tenant/s] $1,714.39 immediately, as below:

Reasons

Both parties attended the hearing.
The tenant sought reimbursement for mould analysis and abatement of rent due to the premises having become uninhabitable. Background
The tenancy began on 13 th May 2022. It was originally for a fixed-term of one year ending on 11 th May 2023.
Before the tenancy began, the tenant checked with the landlord as to whether there were any issues with mould or dampness at the premises as the tenant had a 1-year-old with respiratory issues.
The landlord replied that there were no issues as there was a heat pump at the premises. Furthermore, the premises was compliant with Healthy Homes Standards.
On or around 20 th March 2023, the tenant saw and felt dampness on the hallway carpet. The tenant notified the landlord of this and the landlord sent a plumber to the premises on 22 nd March 2023 to check for leaks.
The plumber cut open the hallway wall and found that water had been leaking from underneath the bathtub on the other side of the wall. It seems that the bath tub started to leak due to normal wear and tear.
The plumber repaired the leak but left the hole in the hallway open to ensure that the leak could be checked again to ensure it had been properly fixed.
Through the hole, the tenant saw that there was a lot of damage to the timber framing as well as black mould on the back of the gib.
As the tenant’s children had issues with chest infections in the past, the tenant became worried.
On 30 th March 2023, the tenant emailed the landlord a 14-day notice to fix the hole in the hallway. The tenant also stated that her colleagues from a building consultancy firm opined that the mould seemed to be Stachybotrys which was highly toxic.
On 6 th April 2023, the landlord came and covered the hole by sealing it with blue plastic. This was a temporary fix as the tenant was going to be moving out soon in any case.
On 11 th April 2023, the tenant engaged professional building consultants. The consultants took samples of the mould and reported back on 17 th April 2023 confirming that samples contained high levels of Stachybotrys and Chaetomium. Furthermore, excessive levels of Penicillium/Aspergillus spores were found in the hallway. The report writer wrote: It is not known whether the access hallway was part of the dwelling or external to the dwelling. If it was part of the dwelling itself there is a high potential that fungal spores may have disseminated throughout the dwelling. In this case it is recommended that the indoor areas not to be used until remediation can occur. Anybody entering the rooms should wear appropriate personal protective equipment. Any hard-surfaced items being removed from the room should be wiped down with warm soapy water and dried thoroughly. Soft furnishings may be HEPA- filter vacuumed and clothing/ bedding laundered, but this does not guarantee the removal of potential toxigenic sub-micron fungal elements. If there is a concern about occupants health issues, it is recommended that a qualified medical professional be consulted over any potential health risks associated with the findings in this report.
On the strength of this report, the tenant considered that the premises was so seriously damaged as to be uninhabitable and gave the landlord a 2-days’ termination notice under section 59(3) of the Residential Tenancies Act 1986 (“RTA”).
As the tenant’s notice was received after 5:00 pm on 17 th April 2023, the parties agreed that the final date of the tenancy would be 20 th April 2023.
The tenant wrote to the landlord seeking for reimbursement of the cost for the mould analysis. The tenant also sought 20% rent reduction for the period between 30 th March 2023 and 20 th April 2023.
The landlord agreed to pay the amount. However, the tenant lodged an application to the Tribunal seeking full reimbursement of the rent paid between 30 th March 2023 and 20 th April 2023.

Should the full rent be refunded?

There is a distinction between an unlawful residential premise under section 78A and the premises becoming so seriously damages as to be uninhabitable under section 59.
If the premises was an unlawful residential premise, then there is provision for whole of the rent to be refunded to the tenant under section 78A(4).
That is not the case for this situation.
This premises had become so seriously water damaged as to be uninhabitable through wear and tear which was not the landlord’s fault. Under section 59(1), the rent can abate and either party may give notice terminating the tenancy.
The tenant confirmed that there was no actual loss of use of the bathroom and there was no proof of any sickness by the tenant or her children related to the bath tub leak.
At the hearing, the tenant had an expert witness, a registered building surveyor, ready to give evidence. The tenant was asked whether there was anything substantial the witness could add in addition to the analysis report dated 17 th April 2023. The tenant said no and accordingly the witness was not called to give evidence.
After the hearing, the tenant reached out to the Tribunal asking for the Tribunal to contact the witness on the phone. That is no provision to do so especially in the absence of the parties. Therefore, the witness was not contacted.
Although the tenant had not provided any evidence of any loss of use or any sickness caused by the bathtub leak, I acknowledge that the tenant had moved out and lived with her father to get away from the hallway mould due to concerns relating to her children.
I order the landlord to refund 50% of the rent between 30 th March 2023 and 20 th April 2023 being $868.95. Filing fee reimbursement
Because [The applicant/s] has wholly succeeded with the claim, the landlord must reimburse the filing fee.

Tenancy Tribunal case 4553111 — Mould & damp at 55A Westgate Drive, Westgate, Auckland 0614

At a glance

Tenancy Tribunal case 4553111 — Mould & damp at 55A Westgate Drive, Westgate, Auckland 0614

At a glance

Award balance

Claims & awards

Order

Reasons

Should the full rent be refunded?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the full rent be refunded?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions