What was Tenancy Tribunal case 4581312 about?

The tribunal order states: [The landlord/s] must pay [The tenant/s] $1,970.44 immediately, calculated as

How much money was awarded in case 4581312?

Compensation: Fixed Water Charges: $750.00 awarded to tenant; Compensation: Rent Abatement: $1,500.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Property Damage: $300.00 awarded to landlord

What type of tenancy dispute was case 4581312?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4581312?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9943464-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4581312 about?

The tribunal order states: [The landlord/s] must pay [The tenant/s] $1,970.44 immediately, calculated as

How much money was awarded in case 4581312?

Compensation: Fixed Water Charges: $750.00 awarded to tenant; Compensation: Rent Abatement: $1,500.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Property Damage: $300.00 awarded to landlord

What type of tenancy dispute was case 4581312?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4581312?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9943464-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4581312 — Property damage

Claims and awards in Tenancy Tribunal application 4581312 — net $1,970.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: Carpet replacement	$300.00		Repairs: Carpet replacement
Compensation: Rent abatement		$1,500.00	Rent abatement
Compensation: Fixed water charges		$750.00	Fixed water charges
Filing fee reimbursement		$20.44	Filing fee reimbursement
Total award	$300.00	$2,270.44
Net award		$1,970.44
Bond		$3,400.00
Total payable by Landlord to Tenant		$1,970.44

Order

[The landlord/s] must pay [The tenant/s] $1,970.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,400.00 ([Bond number suppressed]) to [The tenant/s] immediately.

Reasons

Both parties attended the hearing. [The tenant/s] also had her son [The tenant/s support person] as support.
This is a 5 year and 5-month tenancy, disrupted and ended after the weather events of early 2023. Both the tenant and landlord have been affected in different ways. They have tried to deal with the problems they faced during this time the best they could. Communication became strained.
This was, in all other aspects a good and long-standing tenancy.
The tenant has applied for: (a)compensation for staying in a hotel for 5 nights before February 15 cyclone. (b)Rent abatement due to access and issues relating to wastewater issues. (c)Loss of income. (d)repayment of fixed water charges. (e)compensation for extra cleaning done by her cleaners at landlord’s behest. (f)payment of contractor’s fees for clearing mud. (f)refund of the bond.
The landlord has applied for: (a)payment of the cost of geotechnical reports. (b)carpet replacement in 2 bedrooms due to damage. (c)loss of 3 weeks rent. Tenant’s claims Compensation for Staying in a hotel
[The tenant/s] says she became very nervous after 2 slips occurred on the carport side of the property. She says she was advised to leave the property if it was going to rain again. When [the extreme weather event] was pending, she left the property and went to a hotel for 5 nights as she felt safer.
[The tenant/s] should have (as should have [The landlord/s]) discussed if the tenancy was going to be viable at the time of the first weather event and slips. It was not retrospectively the landlord’s responsibility to pay for hotel accommodation for [The tenant/s] when [The landlord/s] had no input into the matter.
This claim is dismissed. Abatement of Rent
The property was affected due to slippage on the access road blocking access to the property. Given the slips, there was concern about making sure the property was safe. It was white stickered for further assessment. [The tenant/s] was advised about where to sleep in the home (and to leave if there was more rain).
The tenancy [The tenant/s] was paying for was not the same tenancy as she originally rented. The weather events had an impact on the tenancy.
[The tenant/s] asked for rent abatement on or about 22 February 2023. She was told to either pay the full rent or give notice to leave. [The tenant/s] said at the time it was very difficult to find another property as others were in the same boat. It was not until after a large slip-on 25 February 2023 that [The tenant/s] made firmer plans to move out.
It is reasonable for rent abatement to be applied for the period from 29 January 2023 to about 2 March 2023. [The tenant/s] had a reasonable fear of further slips affecting her and did not want to remain overnight when it rained.
I consider the amount of $1500.00 a reasonable sum of compensation as rent abatement during this 4-week period. Loss of Income
[The tenant/s] claims loss of income to lack of access to the property. She used the downstairs of the property as a clinic and was not able to see her clients.
This is a residential property. Though both the tenant and landlord knew of the tenant using the property as a clinic, the landlord cannot be responsible for the loss of the tenant’s commercial activities due to the weather events.
This claim is dismissed. Repayment of fixed water charges
Landlords are responsible for the payment of fixed water charges. Tenants are responsible to pay for all water usage charges (Section 39 Residential Tenancies Act 1986).
[The tenant/s] has been paying the full water bill since the commencement of the tenancy. As there are no bills going back to the start of the tenancy, it would be unfair to look at that now. On the basis of a more recent bill and after hearing from both parties, I award [The tenant/s] conservative compensation for approximately 3 years of fixed water charges being $750.00. Compensation for Extra Cleaning
[The tenant/s] claims her cleaners did 4 hours of cleaning at a cost of $160.00 for a final clean. She says [The landlord/s] asked the cleaners to do extra cleaning at the end of the tenancy and it meant the cleaners cost her $400.00 instead due to extra time used.
[The landlord/s] denies asking the cleaners to do more but agrees she mentioned some cleaning on the balcony. The cleaners were not at the hearing so could not be questioned further.
[The tenant/s] agreed the cleaners returned the next day at her request to complete cleaning. As the cleaners returned at [The tenant/s] request, I cannot hold [The landlord/s] responsible for the cost of the extra cleaning.
This claim is dismissed. Payment of Contractor’s fees for mud removal
[The tenant/s] seeks payment of an invoice of 18 April 2023 for $483.00 for use of a contractor to remove mud from the access road.
[The tenant/s] obtained a rent reduction of $379.50 for the March rent for this contractor for the work on 15 and 16 February 2023. [The landlord/s] informed [The tenant/s] any further work about clearing the access road was to be referred to her first.
[The tenant/s] used the contractor for a bit more work in March and April.
I consider [The tenant/s] responsible for the extra cost as she should have informed [The landlord/s] about the extra work. It would have been [The landlord/s] responsibility to ensure the mud was removed from the entry areas.
Because of the lack of communication about this before the work was incurred, this part of the claim is dismissed. The Landlord’s Claims Payment of Geotechnical Reports
[The landlord/s] claims [The tenant/s] caused her property to be White Stickered. She had to get geotechnical/engineering reports for the property. She says this now means there is a mark on her LIM about this. She says as [The tenant/s] called the Council; she should pay for the report.
[The tenant/s] denies calling the Council.
There is no evidence to suggest the council was anything but doing their work, checking properties affected in [city] after the weather event on 28 January 2023. It is in the public safety that these matters are investigated after an event like this.
The tenant cannot be held responsible to ensure the premises is safe.
The landlord took the appropriate steps to ensure the property could be safe for habitation. It is for the landlord to ensure the premises is fit for purpose. (Section 45 Residential Tenancies Act 1986)
This claim is dismissed. Carpet Replacement
[The landlord/s] seeks compensation for damage to the edges of the carpet in 2 bedrooms. She claims $1160.00 for the replacement carpet installed.
[The landlord/s] confirms the carpet damage is not covered by her insurance.
[The tenant/s] says the damage was not there until after the storm events.
The photos provided show damage that was most likely not noticed by anyone as it was covered with furniture or boxes for a time.
[The landlord/s] says the carpet was new when the premises was bought in 2016. There was one previous tenant.
A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
In light of the claim and age of the carpet being over 6 years old, I award $300.00 compensation towards the cost of replacement of the carpet. Loss of Rent
[The landlord/s] claims 3 weeks loss of rent due to the time it took to replace the damaged carpet. She says [The tenant/s] did not inform her immediately of the damage of the carpet when it was discovered.
[The tenant/s] says she had the home deep cleaning at least once or twice a year with removing furniture. She did not previously see any damage until near the end of the tenancy on 10 April 2023.
She says she used a dehumidifier and informed the landlord on 14 April 2023.
I am satisfied after hearing from both that [The tenant/s] would have informed [The landlord/s] if the damage was noticed earlier given their previous good relationship.
On that basis, [The landlord/s] has not satisfied the Tribunal she is entitled to recover 3 weeks rent due to the carpet taking this time to be replaced. It is not unusual for landlords to use rental period in between tenants to do maintenance especially after a long tenancy. Filing Fee
Because [The tenant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Name Suppression
Both parties have sought name suppression.
If a party has wholly or substantially succeeded in the proceedings the Tribunal must make the order unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. Section 95A Residential Tenancies Act 1986.
This has been a traumatic event suffered by both parties due to extreme weather events. Having considered the factors in this case the Tribunal grants suppression of both the landlord and tenant’s details.

Claims and awards in Tenancy Tribunal application 4581312 — net $1,970.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: Carpet replacement	$300.00		Repairs: Carpet replacement
Compensation: Rent abatement		$1,500.00	Rent abatement
Compensation: Fixed water charges		$750.00	Fixed water charges
Filing fee reimbursement		$20.44	Filing fee reimbursement
Total award	$300.00	$2,270.44
Net award		$1,970.44
Bond		$3,400.00
Total payable by Landlord to Tenant		$1,970.44

Order

[The landlord/s] must pay [The tenant/s] $1,970.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,400.00 ([Bond number suppressed]) to [The tenant/s] immediately.

Reasons

Both parties attended the hearing. [The tenant/s] also had her son [The tenant/s support person] as support.
This is a 5 year and 5-month tenancy, disrupted and ended after the weather events of early 2023. Both the tenant and landlord have been affected in different ways. They have tried to deal with the problems they faced during this time the best they could. Communication became strained.
This was, in all other aspects a good and long-standing tenancy.
The tenant has applied for: (a)compensation for staying in a hotel for 5 nights before February 15 cyclone. (b)Rent abatement due to access and issues relating to wastewater issues. (c)Loss of income. (d)repayment of fixed water charges. (e)compensation for extra cleaning done by her cleaners at landlord’s behest. (f)payment of contractor’s fees for clearing mud. (f)refund of the bond.
The landlord has applied for: (a)payment of the cost of geotechnical reports. (b)carpet replacement in 2 bedrooms due to damage. (c)loss of 3 weeks rent. Tenant’s claims Compensation for Staying in a hotel
[The tenant/s] says she became very nervous after 2 slips occurred on the carport side of the property. She says she was advised to leave the property if it was going to rain again. When [the extreme weather event] was pending, she left the property and went to a hotel for 5 nights as she felt safer.
[The tenant/s] should have (as should have [The landlord/s]) discussed if the tenancy was going to be viable at the time of the first weather event and slips. It was not retrospectively the landlord’s responsibility to pay for hotel accommodation for [The tenant/s] when [The landlord/s] had no input into the matter.
This claim is dismissed. Abatement of Rent
The property was affected due to slippage on the access road blocking access to the property. Given the slips, there was concern about making sure the property was safe. It was white stickered for further assessment. [The tenant/s] was advised about where to sleep in the home (and to leave if there was more rain).
The tenancy [The tenant/s] was paying for was not the same tenancy as she originally rented. The weather events had an impact on the tenancy.
[The tenant/s] asked for rent abatement on or about 22 February 2023. She was told to either pay the full rent or give notice to leave. [The tenant/s] said at the time it was very difficult to find another property as others were in the same boat. It was not until after a large slip-on 25 February 2023 that [The tenant/s] made firmer plans to move out.
It is reasonable for rent abatement to be applied for the period from 29 January 2023 to about 2 March 2023. [The tenant/s] had a reasonable fear of further slips affecting her and did not want to remain overnight when it rained.
I consider the amount of $1500.00 a reasonable sum of compensation as rent abatement during this 4-week period. Loss of Income
[The tenant/s] claims loss of income to lack of access to the property. She used the downstairs of the property as a clinic and was not able to see her clients.
This is a residential property. Though both the tenant and landlord knew of the tenant using the property as a clinic, the landlord cannot be responsible for the loss of the tenant’s commercial activities due to the weather events.
This claim is dismissed. Repayment of fixed water charges
Landlords are responsible for the payment of fixed water charges. Tenants are responsible to pay for all water usage charges (Section 39 Residential Tenancies Act 1986).
[The tenant/s] has been paying the full water bill since the commencement of the tenancy. As there are no bills going back to the start of the tenancy, it would be unfair to look at that now. On the basis of a more recent bill and after hearing from both parties, I award [The tenant/s] conservative compensation for approximately 3 years of fixed water charges being $750.00. Compensation for Extra Cleaning
[The tenant/s] claims her cleaners did 4 hours of cleaning at a cost of $160.00 for a final clean. She says [The landlord/s] asked the cleaners to do extra cleaning at the end of the tenancy and it meant the cleaners cost her $400.00 instead due to extra time used.
[The landlord/s] denies asking the cleaners to do more but agrees she mentioned some cleaning on the balcony. The cleaners were not at the hearing so could not be questioned further.
[The tenant/s] agreed the cleaners returned the next day at her request to complete cleaning. As the cleaners returned at [The tenant/s] request, I cannot hold [The landlord/s] responsible for the cost of the extra cleaning.
This claim is dismissed. Payment of Contractor’s fees for mud removal
[The tenant/s] seeks payment of an invoice of 18 April 2023 for $483.00 for use of a contractor to remove mud from the access road.
[The tenant/s] obtained a rent reduction of $379.50 for the March rent for this contractor for the work on 15 and 16 February 2023. [The landlord/s] informed [The tenant/s] any further work about clearing the access road was to be referred to her first.
[The tenant/s] used the contractor for a bit more work in March and April.
I consider [The tenant/s] responsible for the extra cost as she should have informed [The landlord/s] about the extra work. It would have been [The landlord/s] responsibility to ensure the mud was removed from the entry areas.
Because of the lack of communication about this before the work was incurred, this part of the claim is dismissed. The Landlord’s Claims Payment of Geotechnical Reports
[The landlord/s] claims [The tenant/s] caused her property to be White Stickered. She had to get geotechnical/engineering reports for the property. She says this now means there is a mark on her LIM about this. She says as [The tenant/s] called the Council; she should pay for the report.
[The tenant/s] denies calling the Council.
There is no evidence to suggest the council was anything but doing their work, checking properties affected in [city] after the weather event on 28 January 2023. It is in the public safety that these matters are investigated after an event like this.
The tenant cannot be held responsible to ensure the premises is safe.
The landlord took the appropriate steps to ensure the property could be safe for habitation. It is for the landlord to ensure the premises is fit for purpose. (Section 45 Residential Tenancies Act 1986)
This claim is dismissed. Carpet Replacement
[The landlord/s] seeks compensation for damage to the edges of the carpet in 2 bedrooms. She claims $1160.00 for the replacement carpet installed.
[The landlord/s] confirms the carpet damage is not covered by her insurance.
[The tenant/s] says the damage was not there until after the storm events.
The photos provided show damage that was most likely not noticed by anyone as it was covered with furniture or boxes for a time.
[The landlord/s] says the carpet was new when the premises was bought in 2016. There was one previous tenant.
A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
In light of the claim and age of the carpet being over 6 years old, I award $300.00 compensation towards the cost of replacement of the carpet. Loss of Rent
[The landlord/s] claims 3 weeks loss of rent due to the time it took to replace the damaged carpet. She says [The tenant/s] did not inform her immediately of the damage of the carpet when it was discovered.
[The tenant/s] says she had the home deep cleaning at least once or twice a year with removing furniture. She did not previously see any damage until near the end of the tenancy on 10 April 2023.
She says she used a dehumidifier and informed the landlord on 14 April 2023.
I am satisfied after hearing from both that [The tenant/s] would have informed [The landlord/s] if the damage was noticed earlier given their previous good relationship.
On that basis, [The landlord/s] has not satisfied the Tribunal she is entitled to recover 3 weeks rent due to the carpet taking this time to be replaced. It is not unusual for landlords to use rental period in between tenants to do maintenance especially after a long tenancy. Filing Fee
Because [The tenant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Name Suppression
Both parties have sought name suppression.
If a party has wholly or substantially succeeded in the proceedings the Tribunal must make the order unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. Section 95A Residential Tenancies Act 1986.
This has been a traumatic event suffered by both parties due to extreme weather events. Having considered the factors in this case the Tribunal grants suppression of both the landlord and tenant’s details.

Tenancy Tribunal case 4581312 — Property damage

At a glance

Tenancy Tribunal case 4581312 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions