What was Tenancy Tribunal case 4557312 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 4557312?

Filing Fee: $20.44 awarded to tenant; Property Damage: $1,000.00 awarded to tenant

What type of tenancy dispute was case 4557312?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4557312?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9373496-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4557312 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 4557312?

Filing Fee: $20.44 awarded to tenant; Property Damage: $1,000.00 awarded to tenant

What type of tenancy dispute was case 4557312?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4557312?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9373496-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4557312 — Property damage

Claims and awards in Tenancy Tribunal application 4557312 — net $1,020.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation for delayed repairs	$1,000.00	Compensation for delayed repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,020.44
Total payable by Landlord to Tenant	$1,020.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of both parties’ names and identifying details.
[The landlord/s] must pay [The tenant/s] $1020.44 immediately, calculated as shown in table below:
The landlord must carry out the following work to the premises, which must be completed by 2 October 2023: a. Replace the remaining wall panel in the bathroom b. Have a mould assessment of the premises completed
As an alternative to compliance with Order 2, the landlord must pay the tenant $1,000.00 immediately after 2 October 2023 PROVIDED HOWEVER that the landlord may apply for an extension of time if tradespeople cannot be engaged to complete the work within the time set.
The application for exemplary damages is dismissed.
The application for a rent reduction is dismissed.
The application for the cost of a Healthy Homes Assessment report is withdrawn.
By consent, [The tenant/s] must pay [The landlord/s] $140.00 being rent arrears to 4 September 2023.

Reasons

Both parties attended the hearing. [Landlord 1] represented the landlord. Background
The landlord named in the tenancy agreement is [The Property Management].
[The Property Management] is not a legal entity. [The landlord/s] trade as [The Company].
I have amended the application to show [The landlord/s] as the landlord. [Landlord 1] confirmed he did not know who was trading as [The Property Management] (neither did the tenant) and he had since withdrawn authority for that entity to represent him and his wife.
The landlord has since instructed a property management firm to act for them and the tenant has completed a new tenancy agreement with that company.
The tenancy started on 21 February 2019 and is a current tenancy.
The tenant has made this application due to her frustration with [The Property Management] failing to maintain and repair the premises.
The tenant said that most of the repair issues she had raised had since been attended to by [Landlord 1].
[Landlord 1] said he only became aware of those issues when the tenant made her application; his agent had failed to bring them to his attention.
The tenant has applied for compensation; exemplary damages; a work order; a rent reimbursement; the cost of a Health Homes Standards (HHS) assessment report; and reimbursement of the filing fee.
The issues for the Tribunal to determine are these: •Did the landlord unreasonably delay repairing the premises. If so, should the tenant receive compensation? •Did the landlord breach the HHS? If so, should the Tribunal award exemplary damages? •Should the Tribunal make a work order? •Should the Tribunal reimburse rent? •Can the Tribunal reimburse the cost of the HHS report the tenant obtained? Did the landlord unreasonably delay repairing the premises. If so, should the tenant receive compensation?
The landlord’s agent has clearly delayed the repair work needed at the premises, particularly to the bathroom. The tenant first mentioned the repairs in September 2020, then in April 2021. The delays have resulted in leaking, dampness and mould.
[Landlord 1], once he became aware of the tenant’s application, responded promptly. Most repairs have been completed, but some remain to be done.
The tenant’s principal concern is about the presence of black mould. That concern is legitimate and needs to be addressed.
The Tribunal cannot make an order against the landlord’s former agent as it has no details of the actual legal entity. As described, the named landlord is not a legal entity.
[Landlord 1] accepted that he and his wife were the landlord, and the order will be made against them. They, in turn, might have an action against their former agent, if they can establish a legal entity they can sue.
The Tribunal is limited in the compensation it can award the tenant. She put many of her and her previous partner’s problems down to the delayed repairs as well as her daughter’s hospital admission for pneumonia. But the evidence produced (hospital discharge summary and letter from a Family Start Whānau Worker) do not establish that causal link.
I accept that the tenant has suffered some loss of enjoyment of her tenancy due largely to the delayed bathroom repairs that over time have resulted in leaking, dampness and the presence of mould. I award her compensation of $1000.00. Did the landlord breach the HHS? If so, should the Tribunal award exemplary damages?
There was no breach of the HHS in this case. The tenancy started on 21 February 2019, before the HHS implementation date on 1 July 2021. The landlord had until 2024 (since extended to 2025) to ensure compliance with the HHS.
Despite that, since [Landlord 1] took over management of the tenancy, he has had a HHS report completed which states that the premises are compliant.
The Tribunal cannot award exemplary damages for the landlord’s alleged failure to comply with the HHS.
Nor can the Tribunal award exemplary damages for the landlord’s failure to provide and maintain the premises in a reasonable state of repair - a breach of section 45 of the Residential Tenancies Act 1986 (RTA). [Landlord 1] has acted promptly. It cannot be shown that he intentionally ignored his responsibilities as a landlord.
No order can be made against the landlord named in the tenancy agreement for the reasons already noted; the named landlord is not a legal entity.

Should the Tribunal make a work order?

The landlord has replaced two panels in the bathroom where there was leaking that resulted in the build-up of moisture and mould. A third panel (behind the tap ware) is still to be replaced.
The tenant has remaining concerns about mould in the premises. She believes that there continues to be black mould that has affected the health of her child.
The presence of mould is not always due to a breach by the landlord.
Here, the landlord has obtained a HHS assessment which shows that the premises are HHS compliant.
Still, the cause of the mould should be established so that the remedy can be identified.
Under section 45(1)(a) - (ca) RTA, the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements.
Where the Tribunal finds that the landlord has failed to comply with any of these obligations, it may make an order for the landlord to carry out the work - see section 78(1)(e) RTA.
If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order.
I have made a work order for the landlord to complete the replacement of the remaining panel in the bathroom. I have also made an order for the landlord to have the premises assessed for mould. That assessment might be able to be done by one of the tradespeople who do the repair work.
I have directed that this work be completed by 2 October 2023. However, the landlord may apply for an extension of time if suitable tradespeople cannot be engaged by that time.
I have made a consequential money order for non-compliance, though I am confident that the landlord will comply with the work orders made.

Should the Tribunal reimburse rent?

Rent can only abate (be reduced) when the premises are destroyed or are so seriously damaged so as to be uninhabitable. Although the tenant said she believed the premises were uninhabitable due to mould, there is no evidence to establish that objectively.
The tenant’s loss of enjoyment has been addressed by an award of compensation. That she considers the rent should be reduced is not sufficient for the Tribunal to interfere with the rent agreed between the parties.

Can the Tribunal reimburse the cost of the HHS report the tenant obtained?

The tenant confirmed that she had not paid for the HHS report she produced in evidence. She withdrew that part of her application. Result
The landlord will pay the tenant $1,020.44 comprising compensation for the loss of enjoyment of the tenancy due to delayed repairs of $1,000.00 and the filing fee of $20.44.
The landlord will complete the work as directed within the timeframe set (unless extended) or pay the consequential money order.
The applications for exemplary damages and for a rent reduction are dismissed. Other issues
The parties agreed that the tenant owes rent arrears of $140.00. The arrears are owned to [The landlord/s]. I have made a rent arrears order by consent to differentiate the rent owed now from any rent owing under the new tenancy agreement with the property manager since appointed by the landlord.
This order might also assist the tenant with any application for Work and Income to pay her rent arrears.
I have not set off the rent arrears from the amount ordered against the landlord because the tenant is making weekly payments towards the arrears and Work and Income might clear the balance.
The tenant accepts that there is damage at the premises for which she is liable. I suggested that she and [Landlord 1] meet to agree on what damage has been done and how it will be remedied.
One possible resolution would be for the damage to be repaired by the landlord and the money owed by the landlord from this order to be deducted from any amount they agree the tenant owes for repairs.
In the absence of an agreement, the usual Tribunal processes (including mediation) remain available to the parties. Name suppression
The tenant sought and is entitled to a name suppression order.
The Tribunal has also suppressed the name of the landlord. This is for two reasons. First, the tenancy is a continuing tenancy, and the parties are building their relationship. There is no public interest in naming the landlord.
Second, the breaches here were not committed by [The landlord/s] (even though the Tribunal has awarded compensation against them as the landlord). It was the entity they appointed as their agent who committed the breaches and who failed to notify them. Because that entity has no legal status and is removed as a party, it would be unfair for [The landlord/s] to have their names published when what occurred was largely beyond their control.

Claims and awards in Tenancy Tribunal application 4557312 — net $1,020.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation for delayed repairs	$1,000.00	Compensation for delayed repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,020.44
Total payable by Landlord to Tenant	$1,020.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of both parties’ names and identifying details.
[The landlord/s] must pay [The tenant/s] $1020.44 immediately, calculated as shown in table below:
The landlord must carry out the following work to the premises, which must be completed by 2 October 2023: a. Replace the remaining wall panel in the bathroom b. Have a mould assessment of the premises completed
As an alternative to compliance with Order 2, the landlord must pay the tenant $1,000.00 immediately after 2 October 2023 PROVIDED HOWEVER that the landlord may apply for an extension of time if tradespeople cannot be engaged to complete the work within the time set.
The application for exemplary damages is dismissed.
The application for a rent reduction is dismissed.
The application for the cost of a Healthy Homes Assessment report is withdrawn.
By consent, [The tenant/s] must pay [The landlord/s] $140.00 being rent arrears to 4 September 2023.

Reasons

Both parties attended the hearing. [Landlord 1] represented the landlord. Background
The landlord named in the tenancy agreement is [The Property Management].
[The Property Management] is not a legal entity. [The landlord/s] trade as [The Company].
I have amended the application to show [The landlord/s] as the landlord. [Landlord 1] confirmed he did not know who was trading as [The Property Management] (neither did the tenant) and he had since withdrawn authority for that entity to represent him and his wife.
The landlord has since instructed a property management firm to act for them and the tenant has completed a new tenancy agreement with that company.
The tenancy started on 21 February 2019 and is a current tenancy.
The tenant has made this application due to her frustration with [The Property Management] failing to maintain and repair the premises.
The tenant said that most of the repair issues she had raised had since been attended to by [Landlord 1].
[Landlord 1] said he only became aware of those issues when the tenant made her application; his agent had failed to bring them to his attention.
The tenant has applied for compensation; exemplary damages; a work order; a rent reimbursement; the cost of a Health Homes Standards (HHS) assessment report; and reimbursement of the filing fee.
The issues for the Tribunal to determine are these: •Did the landlord unreasonably delay repairing the premises. If so, should the tenant receive compensation? •Did the landlord breach the HHS? If so, should the Tribunal award exemplary damages? •Should the Tribunal make a work order? •Should the Tribunal reimburse rent? •Can the Tribunal reimburse the cost of the HHS report the tenant obtained? Did the landlord unreasonably delay repairing the premises. If so, should the tenant receive compensation?
The landlord’s agent has clearly delayed the repair work needed at the premises, particularly to the bathroom. The tenant first mentioned the repairs in September 2020, then in April 2021. The delays have resulted in leaking, dampness and mould.
[Landlord 1], once he became aware of the tenant’s application, responded promptly. Most repairs have been completed, but some remain to be done.
The tenant’s principal concern is about the presence of black mould. That concern is legitimate and needs to be addressed.
The Tribunal cannot make an order against the landlord’s former agent as it has no details of the actual legal entity. As described, the named landlord is not a legal entity.
[Landlord 1] accepted that he and his wife were the landlord, and the order will be made against them. They, in turn, might have an action against their former agent, if they can establish a legal entity they can sue.
The Tribunal is limited in the compensation it can award the tenant. She put many of her and her previous partner’s problems down to the delayed repairs as well as her daughter’s hospital admission for pneumonia. But the evidence produced (hospital discharge summary and letter from a Family Start Whānau Worker) do not establish that causal link.
I accept that the tenant has suffered some loss of enjoyment of her tenancy due largely to the delayed bathroom repairs that over time have resulted in leaking, dampness and the presence of mould. I award her compensation of $1000.00. Did the landlord breach the HHS? If so, should the Tribunal award exemplary damages?
There was no breach of the HHS in this case. The tenancy started on 21 February 2019, before the HHS implementation date on 1 July 2021. The landlord had until 2024 (since extended to 2025) to ensure compliance with the HHS.
Despite that, since [Landlord 1] took over management of the tenancy, he has had a HHS report completed which states that the premises are compliant.
The Tribunal cannot award exemplary damages for the landlord’s alleged failure to comply with the HHS.
Nor can the Tribunal award exemplary damages for the landlord’s failure to provide and maintain the premises in a reasonable state of repair - a breach of section 45 of the Residential Tenancies Act 1986 (RTA). [Landlord 1] has acted promptly. It cannot be shown that he intentionally ignored his responsibilities as a landlord.
No order can be made against the landlord named in the tenancy agreement for the reasons already noted; the named landlord is not a legal entity.

Should the Tribunal make a work order?

The landlord has replaced two panels in the bathroom where there was leaking that resulted in the build-up of moisture and mould. A third panel (behind the tap ware) is still to be replaced.
The tenant has remaining concerns about mould in the premises. She believes that there continues to be black mould that has affected the health of her child.
The presence of mould is not always due to a breach by the landlord.
Here, the landlord has obtained a HHS assessment which shows that the premises are HHS compliant.
Still, the cause of the mould should be established so that the remedy can be identified.
Under section 45(1)(a) - (ca) RTA, the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements.
Where the Tribunal finds that the landlord has failed to comply with any of these obligations, it may make an order for the landlord to carry out the work - see section 78(1)(e) RTA.
If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order.
I have made a work order for the landlord to complete the replacement of the remaining panel in the bathroom. I have also made an order for the landlord to have the premises assessed for mould. That assessment might be able to be done by one of the tradespeople who do the repair work.
I have directed that this work be completed by 2 October 2023. However, the landlord may apply for an extension of time if suitable tradespeople cannot be engaged by that time.
I have made a consequential money order for non-compliance, though I am confident that the landlord will comply with the work orders made.

Should the Tribunal reimburse rent?

Rent can only abate (be reduced) when the premises are destroyed or are so seriously damaged so as to be uninhabitable. Although the tenant said she believed the premises were uninhabitable due to mould, there is no evidence to establish that objectively.
The tenant’s loss of enjoyment has been addressed by an award of compensation. That she considers the rent should be reduced is not sufficient for the Tribunal to interfere with the rent agreed between the parties.

Can the Tribunal reimburse the cost of the HHS report the tenant obtained?

The tenant confirmed that she had not paid for the HHS report she produced in evidence. She withdrew that part of her application. Result
The landlord will pay the tenant $1,020.44 comprising compensation for the loss of enjoyment of the tenancy due to delayed repairs of $1,000.00 and the filing fee of $20.44.
The landlord will complete the work as directed within the timeframe set (unless extended) or pay the consequential money order.
The applications for exemplary damages and for a rent reduction are dismissed. Other issues
The parties agreed that the tenant owes rent arrears of $140.00. The arrears are owned to [The landlord/s]. I have made a rent arrears order by consent to differentiate the rent owed now from any rent owing under the new tenancy agreement with the property manager since appointed by the landlord.
This order might also assist the tenant with any application for Work and Income to pay her rent arrears.
I have not set off the rent arrears from the amount ordered against the landlord because the tenant is making weekly payments towards the arrears and Work and Income might clear the balance.
The tenant accepts that there is damage at the premises for which she is liable. I suggested that she and [Landlord 1] meet to agree on what damage has been done and how it will be remedied.
One possible resolution would be for the damage to be repaired by the landlord and the money owed by the landlord from this order to be deducted from any amount they agree the tenant owes for repairs.
In the absence of an agreement, the usual Tribunal processes (including mediation) remain available to the parties. Name suppression
The tenant sought and is entitled to a name suppression order.
The Tribunal has also suppressed the name of the landlord. This is for two reasons. First, the tenancy is a continuing tenancy, and the parties are building their relationship. There is no public interest in naming the landlord.
Second, the breaches here were not committed by [The landlord/s] (even though the Tribunal has awarded compensation against them as the landlord). It was the entity they appointed as their agent who committed the breaches and who failed to notify them. Because that entity has no legal status and is removed as a party, it would be unfair for [The landlord/s] to have their names published when what occurred was largely beyond their control.

Tenancy Tribunal case 4557312 — Property damage

At a glance

Tenancy Tribunal case 4557312 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Should the Tribunal make a work order?

Should the Tribunal reimburse rent?

Can the Tribunal reimburse the cost of the HHS report the tenant obtained?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the Tribunal make a work order?

Should the Tribunal reimburse rent?

Can the Tribunal reimburse the cost of the HHS report the tenant obtained?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions