What was Tenancy Tribunal case 4592132 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 4592132?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4592132?

The primary dispute was 14-day notice. Related themes: State of repair, Healthy homes, Exemplary damages, Mould & damp, Leaks.

Where can I read the official tribunal order for case 4592132?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9627466-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4592132 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 4592132?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4592132?

The primary dispute was 14-day notice. Related themes: State of repair, Healthy homes, Exemplary damages, Mould & damp, Leaks.

Where can I read the official tribunal order for case 4592132?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9627466-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4592132 — 14-day notice

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of tenants’ names and identifying details.
Norman Soo and Le Quan Trinh must pay [The tenant/s] $1,020.44 immediately. When received, tenants who were living at the premises between March 2023 and July 2023 should benefit from the payment.
Within 14 days the landlords are to provide an up to date Residential Tenancy Agreement for the current tenants to sign. It will include all the information required by the Residential Tenancies Act 1986. It will clearly state the tenants’ choice as to whether the term of the tenancy is fixed (giving an end of tenancy date) or periodic.

Reasons

The tenants have claimed $1,000.00 compensation from the landlords for various matters that have happened during the tenancy and $20.44 for the filing fee.
The issues to be decided are: a. Should an order be made regarding the Residential Tenancy Agreement? b. Did the landlords fail to maintain the premises regarding mould? c. Were the landlords required to arrange professional pest control at the premises? d. Did the landlords fail to rectify a leaking gas pipe within a reasonable time? e. Did the landlords fail to maintain the premises regarding a gap between the window frame and window glass? f. Did the landlords fail to pay a tenant for the carpet and paint in a bedroom? g. What compensation is due regarding the issues listed above?

Should an order be made regarding the tenancy agreement?

The tenancy began on 29 January 2023. The tenants have claimed that the landlords failed to provide all the information in their Residential Tenancy Agreement that is required in the Residential Tenancies Act 1986 (RTA).
The landlords used a Residential Tenancy Agreement form (the Agreement) that was published in 2005. Clearly that form is well out of date. It does not contain all the information that is necessary for landlords to provide to tenants in 2023. The 2005 version does not have a place for the landlords to record information about the landlords’ insurance, insulation and whether the premises meets Healthy Homes Standards. Clearly the landlords were in breach of the RTA when using that form alone. The landlords were also slow to provide the information the tenants were entitled to when requested by the tenants. The tenants had to send a 14 day notice regarding this issue.
The Agreement is also defective in that it does not state whether the term of the tenancy is for a fixed term or periodic.
The Tribunal cannot make an order for exemplary damages for the landlords’ unlawful act regarding the Agreement because the tenants did not request the Tribunal to make an order for exemplary damages in their Tenancy Tribunal Application.
Although there can be no order for exemplary damages, when considering whether to grant compensation I will take into account the fact that an Agreement that was RTA compliant would have indicated to the tenants, from the start of the tenancy, that the premises failed Healthy Homes Standards on drainage, draught stopping and heating.
I have seen the information that the landlord has now provided, including insurance details and a Healthy Homes Report (the Report) and am satisfied that the tenants now have all the information that is required under the RTA.
I have ordered a new Agreement be completed by the parties to replace the 2005 form and it to be completed with a term of tenancy stated. The current healthy homes information can be included.

Did the landlords fail to maintain the premises regarding mould?

The tenants claim that the premises had a problem regarding mould. The tenants provided evidence from a previous tenant and from their own experience of dealing with mould. The tenants experienced mould issues in several rooms from the start of the tenancy. The tenants cleaned mould in several rooms and repainted a ceiling.
It can be difficult establishing whether a mould problem is caused by the condition of a premises or the way the premises is being used. However, in the present case we do know that when the premises was tested regarding Healthy Homes Standards in June this year and it failed on drainage draught stopping and the heater. The Report states that, “stormwater is coming from the roof and along the grounds and is not draining away from the house properly. External moisture entering the home can make it damp and hard to heat, which is unhealthy for the occupants and causes mould issues”. Regarding the unflued gas heater the Report states, “Unflued gas heaters do not meet Healthy Homes Standards as they release huge amounts of moisture and toxic fumes into your air which make it hard to heat and extremely unhealthy”.
Although it has not been proved that the only reason for the mould problem was the drainage and the unflued gas heater, I am satisfied that on balance of probability they contributed to the problem the tenants were having regarding mould. It is therefore reasonable to order compensation for the period before the drainage and heater were remedied. Did the landlords fail to meet Healthy Homes Standards regarding heating and draught stopping?
As stated above, the landlords did fail to meet the Healthy Homes Standard until about 6 months into the tenancy. The landlords were required to meet the standard within 120 days. The tenants were without heating at times because they were reluctant to use the heater and were subject to unhealthy fumes when they did. This was exacerbated by premises that allowed draughts because it did not comply with draught stopping standards. The tenants are entitled to compensation for the period of non-compliance.

Were the landlords required to arrange professional pest control at the premises?

On one occasion a tenant found a mouse in his room. The landlords were contacted and the tenants requested a qualified contractor to carry out pest control. The came to the property promptly and set up bait stations. The tenants were not satisfied with this. They believe that the landlords were required to do more.
The problem at the property was not an infestation of vermin. What the landlords did was what pest control would do. The landlords said that bait was not eaten indicating that there wasn’t an ongoing problem of mice being in the property. I am satisfied that compensation is not warranted for this problem.

Did the landlords fail to rectify a leaking gas pipe within a reasonable time?

After the unflued gas heater was replaced by a flued gas heater the tenants noticed the smell of gas outside near the entrance door. When the landlords were told about this the plumber/gasfitter went to the property. He told the tenants that the gas needed to be turned off. The tenants called [redacted] and it was found that there was a leak. The leak was repaired.
The landlords relied on the registered tradesperson to carry out the work with care and skill. The tradesperson’s failure to do so caused concern for the tenants and could had far more serious consequences. However, I cannot make a finding that the landlords failed to act promptly on the information the tenants provided to them regarding the gas leak. Did the landlords fail to maintain the premises regarding a gap between the window frame and window glass?
[The tenant/s] found that the glass in her bedroom window frame had dropped creating a small gap when she cleaned around the window. She informed the landlords and it was repaired the same day.
Compensation is ordered where a landlord is informed about necessary repairs and maintenance is not attended to within a reasonable time. Compensation is not ordered in this case because maintenance was carried out within a reasonable time.

Did the landlords fail to pay a tenant for the carpet and paint in a bedroom?

The tenants have claimed that the landlords agreed for a tenant to paint and recarpet his room but that the landlords short paid him for that improvement. The landlords said that there was no agreement about payment but they offered the tenant $130.00 when he had done the work and he accepted it.
There is insufficient evidence to prove there was any agreement for more than the amount that landlords paid to the tenant.

What compensation is due regarding the issues listed above?

In their application the tenants have claimed $1,000.00 compensation.
Section 38(2) of the RTA provides: The landlord shall not cause or permit any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises by the tenant.
The failure of the landlords to meet the legal requirements regarding information about the premises and the failure to provide adequate heating, draught stopping and drainage for about the first six months of the tenancy did interfere with the tenants’ comfort and enjoyment of the property. The fact that the tenants had to send a 14 day letter and provide the landlords with Healthy Homes compliance forms that the landlords should have been providing to them, was time consuming for the tenants. They should not have had to engage in that task. I have considered all the evidence and submissions provided by the parties. When taking everything into account and after considering the merits and justice of the case, the amount of compensation claimed by the tenants is reasonable.
There have been many tenants at the premises since the start of the tenancy. The amount ordered should be shared by those who were present between March and July this year. Filing Fee
Because the tenants have been partly successful with the claim, the filing fee of $20.44 is ordered. Name Suppression
Because the tenants have substantially succeeded with the most important parts of their claim, their request for name suppression is granted. (see Section 95A(1) of the Residential Tenancies Act 1986). The landlords were only successful in defending part of the claims and therefore name suppression cannot be ordered.

Tenancy Tribunal case 4592132 — 14-day notice

At a glance

Tenancy Tribunal case 4592132 — 14-day notice

At a glance

Claims & awards

Order

Reasons

Should an order be made regarding the tenancy agreement?

Did the landlords fail to maintain the premises regarding mould?

Were the landlords required to arrange professional pest control at the premises?

Did the landlords fail to rectify a leaking gas pipe within a reasonable time?

Did the landlords fail to pay a tenant for the carpet and paint in a bedroom?

What compensation is due regarding the issues listed above?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should an order be made regarding the tenancy agreement?

Did the landlords fail to maintain the premises regarding mould?

Were the landlords required to arrange professional pest control at the premises?

Did the landlords fail to rectify a leaking gas pipe within a reasonable time?

Did the landlords fail to pay a tenant for the carpet and paint in a bedroom?

What compensation is due regarding the issues listed above?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions