What was Tenancy Tribunal case 4577964 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4577964?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4577964?

The primary dispute was Mould & damp. Related themes: State of repair, Cleanliness, Healthy homes.

Where can I read the official tribunal order for case 4577964?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9565822-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4577964 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4577964?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4577964?

The primary dispute was Mould & damp. Related themes: State of repair, Cleanliness, Healthy homes.

Where can I read the official tribunal order for case 4577964?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9565822-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4577964 — Mould & damp

Tenantcheck Insights

Reasons

Both parties attended the hearing. The landlord was represented by its directors.

The tenant moved into the tenancy premises in April 2023. In May he filed an application for work orders and compensation. The tenancy application form sets out the claims as compensation and work orders to fix the: • inadequate kitchen ventilation • non – compliant bathroom fan • draught stopping for the bathroom door • bathroom door handle • defective toilet • hazardous clothesline area.

The claim for the water pressure was withdrawn at the hearing. The questions the Tribunal has to decide are: • Does the unit comply with the Healthy Homes Standards? • Does the unit need work orders and maintenance? • Has the tenant proved breaches of the Home Improvement Regulations?

Does the unit comply with the Healthy Homes Standards?

Rental houses must comply with the healthy homes standards under section 45(1)(bb) RTA and the Residential Tenancies (Healthy Homes Standards) Regulations 2019 (HHS). The tenant claims there have been breaches of the HHS.

After the application was filed the tenant contacted the Tenancy Compliance and Investigations Team at MBIE. A member of the team subsequently contacted the landlord and asked that it provide specific information to show the unit the tenant lives in complies with the Healthy Homes Standards, and that the unit has been properly maintained. The landlord has provided me with the email correspondence with MBIE. On 23 June the investigator emailed to say “Thank you very much for your prompt response. I have reviewed the information you have provided and it does appear that you are meeting your obligations under the Residential Tenancies Act 1986...”

This is the tenant’s claim to prove. I have not been provided with any better evidence by the tenant. I did not watch his video presentation or view the photos. Both were submitted in an email immediately before the hearing and were in format that we could not save. I find the landlord has the better evidence here. The claims for work orders for the extractor fans and the draught stopping are dismissed.

I note that advice about presenting photos and video is provided to the parties in the notice of hearing. They are requested to bring hard copies of photos and advise MBIE in advance if they want to play a video. We will usually accept digital photos, provided they can be emailed to the registry in a format that can be saved on the file.

Does the unit need work orders and maintenance?

Under section 45(1)(a) - (ca) Residential Tenancies Act 1986 (RTA), the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements. Where the Tribunal finds the landlord has failed to comply with any of these obligations, it may make an order for the landlord to carry out the work. This is the tenant’s claim to prove. See section 78(1)(e) RTA.

There is a claim for the bathroom door handle. This has already been replaced by the landlord. There is a small amount of paint that that is missing as a result of the repair. The landlord provided a photo in the latest inspection report. I do not find the small amount of missing paint is sufficient to warrant a work order.

The tenant submitted there were serious problems with the toilet and the clothesline area, resulting in an unsafe environment for himself and his daughter. I have not been able to see any photos. The landlord submitted a plumber has checked the toilet and made some adjustments, and that it is old but adequate. They submitted there is no moss under the clothesline or on the path to the clothesline. I am not persuaded by tenants’ submission because I have not been provided with any supporting evidence. These claims for work orders are dismissed.

The tenant raised a number of new issues at the hearing. I note the tenant’s claim has not been amended. Section 91 RTA states that the other party needs to be served with the claim and that the claim must fairly inform the other side of the substance of the matter. The landlord came prepared to defend the claims set out in the application form.

The tenant submitted that in the interests of fairness I should consider the additional issues arising since the application was filed, especially since it had taken such a long time for the matter to be heard. I note the hearing has been delayed twice at the request of the tenant. An email was received on 18 August asking that the hearing be set down in October.

I find I should consider the claims set out in the application form because these have been properly served on the other party.

Has the tenant proved breaches of the Home Improvement Regulations?

Under s 45(1)(c) RTA a landlord must comply with all requirements in respect of buildings, health and safety under any enactment as far as they apply to the premises. Before the HHS came into force, the minimum standards for residential housing were set out in the Housing Improvement Regulations 1947. The Regulations continue to apply alongside the HHS.

The tenant submitted that there was a breach of the Regulations 15 and 18 because the unit was not free from damp or in a good state of repair and cleanliness. The landlord did not accept this submission. This is the tenant’s claim to prove. I do not have any photos showing mould and damp. This claim is dismissed. Other orders

The tenant has not proved any part of his application. All claims for compensation are dismissed.

The tenant did not make an application for suppression. The Tribunal uses its discretion to allow suppression for the landlord because no breaches have been proved. See section 95A RTA.

Reasons

Both parties attended the hearing. The landlord was represented by its directors.

Does the unit comply with the Healthy Homes Standards?

Does the unit need work orders and maintenance?

I find I should consider the claims set out in the application form because these have been properly served on the other party.

Has the tenant proved breaches of the Home Improvement Regulations?

The tenant has not proved any part of his application. All claims for compensation are dismissed.

The tenant did not make an application for suppression. The Tribunal uses its discretion to allow suppression for the landlord because no breaches have been proved. See section 95A RTA.

Tenancy Tribunal case 4577964 — Mould & damp

At a glance

Tenancy Tribunal case 4577964 — Mould & damp

At a glance

Claims & awards

Order

Reasons

Does the unit comply with the Healthy Homes Standards?

Does the unit need work orders and maintenance?

Has the tenant proved breaches of the Home Improvement Regulations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Does the unit comply with the Healthy Homes Standards?

Does the unit need work orders and maintenance?

Has the tenant proved breaches of the Home Improvement Regulations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions