What was Tenancy Tribunal case 4565215 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 4565215?

Compensation: Breach of quiet enjoym…: $150.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4565215?

The dispute type was not classified.

Where can I read the official tribunal order for case 4565215?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9293435-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4565215 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 4565215?

Compensation: Breach of quiet enjoym…: $150.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4565215?

The dispute type was not classified.

Where can I read the official tribunal order for case 4565215?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9293435-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4565215 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4565215 — net $890.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Bond refund	$720.00	Bond refund
Compensation: Breach of quiet enjoyment	$150.00	Breach of quiet enjoyment
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$890.44
Total payable by Landlord to Tenant	$890.44

The applicant tenant attended the hearing which took place by teleconference. The landlord was called on the number provided (ending in 208) but the calls went unanswered.

The landlord was notified of the hearing today, therefore, the hearing proceeded in their absence. DescriptionTenant Bond refund $720.00 Compensation: Breach of quiet enjoyment $150.00 Filing fee reimbursement $20.44 Total award $890.44 Total payable by Landlord to Tenant $890.44

The tenant rented a room in a three-bedroom unit with shared facilities from the landlord. No tenancy agreement was signed but the parties signed a bond lodgement form which recorded the party names and contact details, the start date as 27 March 2023, the bond as $720.00 and the weekly rent of $240.00. It appears the bond was not lodged but the tenant stated that the landlord told him that the bond lodgement form was also the tenancy agreement. The Tribunal is satisfied that the parties were in a landlord tenant relationship and a tenancy existed. See section !3 A and 13C Residential Tenancies Act 1986. Bond

The tenant has applied for refund of the bond. The landlord has not filed a counterclaim with Tenancy Services.

Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant and the landlord is ordered to pay the $720.00 bond to the tenant. Breach of quiet enjoyment

The tenant claims that the landlord breached his quiet enjoyment of the premises as after he gave notice to end the tenancy, she removed the shower head which affected his ability to use the shower for the final three weeks of his tenancy. The tenant provided a photograph of the shower with the missing shower head.

A landlord must not interfere with the reasonable peace, comfort or privacy of the tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986.

I am satisfied that the landlord’s actions in removing the shower head breached the tenant’s enjoyment of the premises and order the sum of $150 being $50 per week for the final three weeks of the tenancy. Other claims

The tenant claimed that the landlord did not provide receipts for two weeks rent paid and sought reimbursement of the rent paid throughout the tenancy, however, there was insufficient evidence provided to support this claim and the tenant is liable for rent for the period he was in occupation of the premises.

The tenant also claimed that he left shoes behind when he moved out of the premises and when he returned later they were gone. However, there was insufficient evidence provided to support this claim. Suppression/Filing Fee

Because the tenant has substantially succeeded with the claim I order that the landlord reimburse the filing fee and suppress the tenant details in the order as applied for. See sections 102(4) and 95A(1) Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 4565215 — net $890.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Bond refund	$720.00	Bond refund
Compensation: Breach of quiet enjoyment	$150.00	Breach of quiet enjoyment
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$890.44
Total payable by Landlord to Tenant	$890.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
Jing Qu must pay [The tenant/s] $890.44 immediately, calculated as shown in table below:
The remainder of the tenant claims are dismissed.

Reasons

The applicant tenant attended the hearing which took place by teleconference. The landlord was called on the number provided (ending in 208) but the calls went unanswered.
The landlord was notified of the hearing today, therefore, the hearing proceeded in their absence. DescriptionTenant Bond refund $720.00 Compensation: Breach of quiet enjoyment $150.00 Filing fee reimbursement $20.44 Total award $890.44 Total payable by Landlord to Tenant $890.44
The tenant rented a room in a three-bedroom unit with shared facilities from the landlord. No tenancy agreement was signed but the parties signed a bond lodgement form which recorded the party names and contact details, the start date as 27 March 2023, the bond as $720.00 and the weekly rent of $240.00. It appears the bond was not lodged but the tenant stated that the landlord told him that the bond lodgement form was also the tenancy agreement. The Tribunal is satisfied that the parties were in a landlord tenant relationship and a tenancy existed. See section !3 A and 13C Residential Tenancies Act 1986. Bond
The tenant has applied for refund of the bond. The landlord has not filed a counterclaim with Tenancy Services.
Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant and the landlord is ordered to pay the $720.00 bond to the tenant. Breach of quiet enjoyment
The tenant claims that the landlord breached his quiet enjoyment of the premises as after he gave notice to end the tenancy, she removed the shower head which affected his ability to use the shower for the final three weeks of his tenancy. The tenant provided a photograph of the shower with the missing shower head.
A landlord must not interfere with the reasonable peace, comfort or privacy of the tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986.
I am satisfied that the landlord’s actions in removing the shower head breached the tenant’s enjoyment of the premises and order the sum of $150 being $50 per week for the final three weeks of the tenancy. Other claims
The tenant claimed that the landlord did not provide receipts for two weeks rent paid and sought reimbursement of the rent paid throughout the tenancy, however, there was insufficient evidence provided to support this claim and the tenant is liable for rent for the period he was in occupation of the premises.
The tenant also claimed that he left shoes behind when he moved out of the premises and when he returned later they were gone. However, there was insufficient evidence provided to support this claim. Suppression/Filing Fee
Because the tenant has substantially succeeded with the claim I order that the landlord reimburse the filing fee and suppress the tenant details in the order as applied for. See sections 102(4) and 95A(1) Residential Tenancies Act 1986.

Tenancy Tribunal case 4565215 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 4565215 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions