How much money was awarded in case 4565174?

Carseldine And Abby Rita Buchanan: $1,300.00 awarded to landlord

What type of tenancy dispute was case 4565174?

The primary dispute was Mould & damp. Related themes: State of repair, Smoke alarms, Healthy homes, Exemplary damages, Leaks, Compensation.

Where can I read the official tribunal order for case 4565174?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9497727-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4565174?

Carseldine And Abby Rita Buchanan: $1,300.00 awarded to landlord

What type of tenancy dispute was case 4565174?

The primary dispute was Mould & damp. Related themes: State of repair, Smoke alarms, Healthy homes, Exemplary damages, Leaks, Compensation.

Where can I read the official tribunal order for case 4565174?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9497727-Tenancy_Tribunal_Order.pdf.

52 Calliope Road, Devonport, Auckland 0624 Tenancy Tribunal Case 4565174 — Mould & damp

Q: What was Tenancy Tribunal case 4565174 about?

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 4565174. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Carseldine and Abby Rita Buchanan	$1,300.00		Carseldine and Abby Rita Buchanan

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

Theresa Manson As The Trustee For The Old Firm Trust must pay [The tenant/s] and [The tenant/s] $1,300.00 immediately, being compensation for the leak in the kitchen ceiling for 13 weeks.

Reasons

Both parties attended the hearing on 3 rd November 2023. The landlord attended via teleconference.

The tenancy began on 11 th February 2022 and ended on 15 th May 2023.

The tenant claimed that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 (“RTA”).

Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair, comply with all requirements in respect of smoke alarms and insulation set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016, and comply with Healthy Homes Standards (“HHS”).

Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A RTA.

The tenant said that the premises had been assessed for HHS on 19 th January 2023 and failed on drainage, moisture barrier, underfloor insulation and heating. The tenant claimed that the landlord did not make the property compliant with HHS.

The tenant also said that the kitchen ceiling was leaking when it rained since the roof got damaged from Cyclone Gabrielle in early 2023. The tenant said that the landlord failed to reasonably maintain the roof. The tenant produced a video from May 2023 showing the kitchen ceiling leaking.

The tenant also said that the landlord had not replaced the faulty smoke alarms despite having knowledge of the faulty smoke alarms from 15 th August 2022.

The landlord provided evidence of having attended to the failed items as identified from the 19 th January 2023 HHS assessment report. Although the landlord did not have the premises reassessed to prove HHS compliance, I accept the premises is HHS compliant or is now very close to it.

The HHS report the tenant was relying on for the claim was outdated.

The landlord should get an updated report to confirm HHS compliance of the premises.

I do not award any compensation or exemplary damages for the HHS claim.

In relation to the smoke alarms, it seems that it had malfunctioned once and the tenant took it off from the ceiling and never put it back on. There was no evidence that the smoke alarm itself was faulty. The tenant was in the wrong to take it off and not put it back as this was in breach of section 40(1)(ca) RTA.

I dismiss this claim.

The landlord explained the delay in with the ceiling roof repair. Due to widespread flooding and water damage in the Auckland area, there were major backlogs with the insurance companies and repairs.

Despite this, there was evidence of the landlord having put in effort to have it repaired as quickly as possible.

Although the ceiling roof leak may have been classified as low priority by the insurance company, I accept that there would have been considerable discomfort for the tenant and there would have been loss of use of the kitchen and dining room when it rained.

I order the landlord to pay the tenant a total of $1,300.00 calculated at $100.00 per week for the 13-week period as claimed by the tenant. This takes into account any power used for running the dehumidifier as well.

Finally, the tenant raised an issue with the garden maintenance. The tenancy agreement stated that the mowing was the tenant’s responsibility but the landlord continued using the landlord’s gardener to mow the lawns. The tenant had wanted the gardener to send a text message to the tenant at least 24 hours before for privacy reasons but it seems that the relationship had been deteriorated.

Even if the landlord had taken over the responsibility of the lawn mowing from the tenant, I do not find that there was any intentional failure by the landlord to mow the lawns.

I do not find any grounds for compensation.

As the tenant had not wholly or succeeded with the application, I do not order any reimbursement of the filing fee.

As neither party had sought name suppression, no suppression orders apply to the publication of this order.

Claims and awards in Tenancy Tribunal application 4565174. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Carseldine and Abby Rita Buchanan	$1,300.00		Carseldine and Abby Rita Buchanan

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Theresa Manson As The Trustee For The Old Firm Trust must pay [The tenant/s] and [The tenant/s] $1,300.00 immediately, being compensation for the leak in the kitchen ceiling for 13 weeks.

Reasons

Both parties attended the hearing on 3 rd November 2023. The landlord attended via teleconference.
The tenancy began on 11 th February 2022 and ended on 15 th May 2023.
The tenant claimed that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 (“RTA”).
Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair, comply with all requirements in respect of smoke alarms and insulation set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016, and comply with Healthy Homes Standards (“HHS”).
Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A RTA.
The tenant said that the premises had been assessed for HHS on 19 th January 2023 and failed on drainage, moisture barrier, underfloor insulation and heating. The tenant claimed that the landlord did not make the property compliant with HHS.
The tenant also said that the kitchen ceiling was leaking when it rained since the roof got damaged from Cyclone Gabrielle in early 2023. The tenant said that the landlord failed to reasonably maintain the roof. The tenant produced a video from May 2023 showing the kitchen ceiling leaking.
The tenant also said that the landlord had not replaced the faulty smoke alarms despite having knowledge of the faulty smoke alarms from 15 th August 2022.
The landlord provided evidence of having attended to the failed items as identified from the 19 th January 2023 HHS assessment report. Although the landlord did not have the premises reassessed to prove HHS compliance, I accept the premises is HHS compliant or is now very close to it.
The HHS report the tenant was relying on for the claim was outdated.
The landlord should get an updated report to confirm HHS compliance of the premises.
I do not award any compensation or exemplary damages for the HHS claim.
In relation to the smoke alarms, it seems that it had malfunctioned once and the tenant took it off from the ceiling and never put it back on. There was no evidence that the smoke alarm itself was faulty. The tenant was in the wrong to take it off and not put it back as this was in breach of section 40(1)(ca) RTA.
I dismiss this claim.
The landlord explained the delay in with the ceiling roof repair. Due to widespread flooding and water damage in the Auckland area, there were major backlogs with the insurance companies and repairs.
Despite this, there was evidence of the landlord having put in effort to have it repaired as quickly as possible.
Although the ceiling roof leak may have been classified as low priority by the insurance company, I accept that there would have been considerable discomfort for the tenant and there would have been loss of use of the kitchen and dining room when it rained.
I order the landlord to pay the tenant a total of $1,300.00 calculated at $100.00 per week for the 13-week period as claimed by the tenant. This takes into account any power used for running the dehumidifier as well.
Finally, the tenant raised an issue with the garden maintenance. The tenancy agreement stated that the mowing was the tenant’s responsibility but the landlord continued using the landlord’s gardener to mow the lawns. The tenant had wanted the gardener to send a text message to the tenant at least 24 hours before for privacy reasons but it seems that the relationship had been deteriorated.
Even if the landlord had taken over the responsibility of the lawn mowing from the tenant, I do not find that there was any intentional failure by the landlord to mow the lawns.
I do not find any grounds for compensation.
As the tenant had not wholly or succeeded with the application, I do not order any reimbursement of the filing fee.
As neither party had sought name suppression, no suppression orders apply to the publication of this order.

Tenancy Tribunal case 4565174 — Mould & damp at 52 Calliope Road, Devonport, Auckland 0624

At a glance

Tenancy Tribunal case 4565174 — Mould & damp at 52 Calliope Road, Devonport, Auckland 0624

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions