What was the outcome of Tenancy Tribunal case 4595336?

The tribunal order states: Anton Piek and JM Property Consultants Limited must pay Anna Ridniak

How much money was awarded in case 4595336?

Compensation: $800.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4595336?

The dispute type was not classified.

Where can I read the official tribunal order for case 4595336?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9878723-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4595336?

The tribunal order states: Anton Piek and JM Property Consultants Limited must pay Anna Ridniak

How much money was awarded in case 4595336?

Compensation: $800.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4595336?

The dispute type was not classified.

Where can I read the official tribunal order for case 4595336?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9878723-Tenancy_Tribunal_Order.pdf.

350A Park Road, Te Awamutu, Te Awamutu 3887 Tenancy Tribunal Case 4595336 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4595336 — net $820.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation	$800.00	Compensation
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$820.44
Total payable by Landlord to Tenant	$820.44

Order

Anton Piek and JM Property Consultants Limited must pay Anna Ridniak $820.44 immediately, calculated as shown in table below:

Reasons

Anna Ridniak (AR), Anton Piek (AP) and DO attended the hearing on 24 January 2024 in person. Jodie Morgan (JM) attended by telephone (at her request). Background
AP rented the tenancy premises from Mosa Investments Limited from 23 February 2019. JM Property Consultants Limited is named in the tenancy agreement as agent for Mosa Investments Limited. JM is a director of the agent company and of Mosa Investments Limited.
AP, DO, and JM are friends.
AR lived at a different address in a house owned by DO (as a boarder or flatmate). That arrangement was to come to an end however AR was in the process of arranging a possible relocation overseas. It was difficult for her to find alternative accommodation.
AP had decided to move out of the tenancy premises.
JM and AP agreed that AR could move into the tenancy premises on a “short- term” basis at a rent of $400.00 per week.
The agreement was not documented in writing.
AP moved out, and AR moved in on about 30 April 2023. It wasn’t long before she had problems with the shower, and the stove and heat-pump. AP tried to help with these, but AR’s difficulties persisted. She gave up and used her own heater, moving it around different rooms in the house. She could not shut two of the windows properly so was still cold. The shower was getting worse.
AR became very stressed and suffered ill-health. She decided not to move overseas and instead found somewhere else to live. AR moved out of the premises on about 2 June 2023.
She made this claim to the Tribunal on 5 June 2023.
There has been delay in having the claim heard due to uncertainty about the claims and who the landlord was, and an adjournment due to injury.

Is there a tenancy and, if so, who is the landlord?

A tenancy is the right to occupy residential premises in consideration for rent; section 2 Residential Tenancies Act 1986 (RTA).
A landlord is the grantor of a tenancy; s2 RTA.
A landlord may themselves be the head tenant, as in this case. The fact that AP rents the premises from Mosa Investments Limited does not prevent AP then subletting the premises to AR.
Subletting is expressly provided for in the RTA; s44 RTA.
JM is a director of the agent company and of the owner company. She confirmed that she was aware of and had no objection to AP subletting the premises to AR.
In fact, AR was asked to pay rent into the bank account belonging to JM Property Consultants Limited.
My decision is that there is a tenancy between AR as tenant and AP and JM Property Consultants Limited as joint landlords. AP granted the tenancy. JM (on behalf of JM Property Consultants Limited) consented to the sublease and received the rent (on behalf of Mosa Investments Limited). I have removed DO from the proceedings.
I explained to the parties that there is no such thing as an “informal” tenancy. If someone grants someone else the right to live in residential premises in exchange for rent, then there is a tenancy – unless one of the specific exclusions listed in section 5 RTA applies. No one argued that an exclusion applies, and I have no reason to think that one does.
A landlord has an obligation to ensure that a tenancy agreement is in writing, includes all legally required information, is signed, and the tenant is given a copy before the tenancy starts; s13 RTA.
However, if the landlord fails to do so, this does not make a tenancy agreement unenforceable; s13C RTA. In other words, not having a written agreement does not mean that there is no tenancy. All the same responsibilities usually apply; s11 RTA. The tenant’s claims
The tenant alleges breaches of landlord maintenance and/or Healthy Homes Standards at the address. The specific maintenance issues raised are:- a. Broken window fittings, b. The heat pump did not work properly, c. Low water pressure and water temperature problems resulting in poor shower facilities, d. Structural defects including cracks in the walls and window glass and misaligned door and window fittings, e. Rusty nails protruding from the deck which are a hazard, and the tenant suffered an injury from one of these.
The tenant seeks compensation including:- a. Reimbursement rent; b. Reimbursement of contract termination fees (electricity and internet); c. Costs of moving to a new tenancy premises; d. Costs of medical treatments; e. For mental distress caused by the alleged landlord breaches.
The person making an application has the task of providing evidence to prove their claims. This includes documents, receipts, photographs. Oral evidence may also be given. There must be enough evidence to satisfy the Tribunal that what is claimed is “more probable than not”.

What is the law relating to maintenance and the Healthy Homes Standards?

Section 45 RTA requires that a landlord must:- a. provide and maintain the premises in a reasonable state of repair; b. comply with all requirements in respect of smoke alarms set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016; c. comply with the Healthy Homes Standards (HHS), d. comply with any relevant enactment in relation to buildings, health and safety; and e. provide an adequate means for the collection and storage of water if there is no reticulated supply.
The HHS are specific compliance requirements for heating in the main living area, ceiling and underfloor insulation, ventilation from windows and bathroom and kitchen extractor fans, draught stopping, an efficient drainage system and a moisture prevention barrier under the house.
Compliance dates for the HHS vary depending on the tenancy. Where a new or renewed tenancy commences on a date between 28 August 2022 and 2 March 2025, the premises must comply within 120 days of the start date. The final compliance date is 1 July 2025. 1
All the above obligations apply even if a tenant knows the state of the premises at the time that the tenancy is entered into; see s45(3) RTA.
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 Residential Tenancies Act 1986. Healthy Homes Standards
The landlord was not required to comply with the HHS for this tenancy until 120 days after the start date; see above.
The tenancy ended before this. This means that there is no breach by the landlords. Maintenance issues
I now discuss the maintenance issues raised. 1 Clause 2 of Schedule 1, Residential Tenancies (Healthy Homes Standards) Regulations 2019.
A lack of shower pressure and of hot water: I am satisfied from the video and oral evidence that the shower most probably did not provide reasonable water flow for part of the time that AR lived at the house. She said that it was “ok” to start with but became worse. AP and JM agreed that the older shower could be tricky to adjust correctly. There was not enough evidence for me to decide that the hot water was inadequate.
Heat pump: AR has not proven that the heat pump did not work properly. AP said that he came to the house and explained the remote-control settings. He suggested that AR’s video showed the heat pump in a “locked” mode.
Gaps around two windows or problems with window-latches so that windows would not shut fully: the tenant’s video and oral evidence satisfies me that at least one window did not close properly and would have caused loss of heat and a draught.
Cracks in walls or glass: AR agreed that this claim refers to the gaps around the windows so I have not considered this further.
Rusty nails on deck: AR agreed that there were only one or two nails and this was not a significant issue. Unfortunately, she did injure her foot on one of the nails.
AP agreed that he did come to the house and assist AR with the shower, heat- pump and in turning the stove on. His suggestion for the shower was a makeshift one (to use nail clippers to hold the shower control knob in the right place to obtain reasonable pressure and temperature). This is not good enough. AR was paying rent and was entitled to be able to have a shower. The suggestion that she could have a bath instead is not an answer either. There is a shower in the house so it should work reasonably well.
AR agreed that she did not persist in asking AP to help her with the shower and the heat-pump. She did not tell him that the two windows would not shut. English is her second language and she said she felt bullied by AP to an extent.
I am satisfied that the shower was not reasonably well maintained and that at least one window (the one shown in the video) did not shut fully and would have caused heat to be lost from the house. Compensation
It was clarified during the hearing that AR paid a total of $800.00 rent to the landlords during the tenancy (two payments of $400.00). Unfortunately, she paid one of her rent payments of $400.00 into an incorrect bank account. Neither the Tribunal nor the landlord can correct this error. AR could try contacting her bank to see if it can help.
She seeks compensation of all rent paid. I award a full refund of the amount received by the landlords which is $800.00. The landlords may have thought they were helping AR during a transition time and that the arrangement would be short-term however JM knows the legal requirements, and these should have been followed. A documented tenancy with a short notice period can be negotiated and then all parties are clear on what their rights and obligations are.
As discussed in the hearing, I do not award compensation for early termination fees on power and internet contracts as AR chose to make these commitments for what was intended to be a short-term tenancy.
I agree that windows that do not close properly will probably cause higher heating and therefore power costs. However, I consider that the refund of rent is sufficient compensation to account for this. There was no evidence to support AR’s view that AP was using power (in an outdoor storage cabin) at her expense.
Neither do I award compensation for medical expenses, moving expenses, or stress. I accept AR’s view that the problems with this tenancy added to a time in her life of change and stress. However, there must be a proven and close link between a breach by one party and any compensation awarded. I do not find this to be the case here.
The landlords must pay the filing fee.
I make no suppression orders. The tenant did not seek this and the landlords have not been substantially successful.

Claims and awards in Tenancy Tribunal application 4595336 — net $820.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation	$800.00	Compensation
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$820.44
Total payable by Landlord to Tenant	$820.44

Order

Anton Piek and JM Property Consultants Limited must pay Anna Ridniak $820.44 immediately, calculated as shown in table below:

Reasons

Anna Ridniak (AR), Anton Piek (AP) and DO attended the hearing on 24 January 2024 in person. Jodie Morgan (JM) attended by telephone (at her request). Background
AP rented the tenancy premises from Mosa Investments Limited from 23 February 2019. JM Property Consultants Limited is named in the tenancy agreement as agent for Mosa Investments Limited. JM is a director of the agent company and of Mosa Investments Limited.
AP, DO, and JM are friends.
AR lived at a different address in a house owned by DO (as a boarder or flatmate). That arrangement was to come to an end however AR was in the process of arranging a possible relocation overseas. It was difficult for her to find alternative accommodation.
AP had decided to move out of the tenancy premises.
JM and AP agreed that AR could move into the tenancy premises on a “short- term” basis at a rent of $400.00 per week.
The agreement was not documented in writing.
AP moved out, and AR moved in on about 30 April 2023. It wasn’t long before she had problems with the shower, and the stove and heat-pump. AP tried to help with these, but AR’s difficulties persisted. She gave up and used her own heater, moving it around different rooms in the house. She could not shut two of the windows properly so was still cold. The shower was getting worse.
AR became very stressed and suffered ill-health. She decided not to move overseas and instead found somewhere else to live. AR moved out of the premises on about 2 June 2023.
She made this claim to the Tribunal on 5 June 2023.
There has been delay in having the claim heard due to uncertainty about the claims and who the landlord was, and an adjournment due to injury.

Is there a tenancy and, if so, who is the landlord?

A tenancy is the right to occupy residential premises in consideration for rent; section 2 Residential Tenancies Act 1986 (RTA).
A landlord is the grantor of a tenancy; s2 RTA.
A landlord may themselves be the head tenant, as in this case. The fact that AP rents the premises from Mosa Investments Limited does not prevent AP then subletting the premises to AR.
Subletting is expressly provided for in the RTA; s44 RTA.
JM is a director of the agent company and of the owner company. She confirmed that she was aware of and had no objection to AP subletting the premises to AR.
In fact, AR was asked to pay rent into the bank account belonging to JM Property Consultants Limited.
My decision is that there is a tenancy between AR as tenant and AP and JM Property Consultants Limited as joint landlords. AP granted the tenancy. JM (on behalf of JM Property Consultants Limited) consented to the sublease and received the rent (on behalf of Mosa Investments Limited). I have removed DO from the proceedings.
I explained to the parties that there is no such thing as an “informal” tenancy. If someone grants someone else the right to live in residential premises in exchange for rent, then there is a tenancy – unless one of the specific exclusions listed in section 5 RTA applies. No one argued that an exclusion applies, and I have no reason to think that one does.
A landlord has an obligation to ensure that a tenancy agreement is in writing, includes all legally required information, is signed, and the tenant is given a copy before the tenancy starts; s13 RTA.
However, if the landlord fails to do so, this does not make a tenancy agreement unenforceable; s13C RTA. In other words, not having a written agreement does not mean that there is no tenancy. All the same responsibilities usually apply; s11 RTA. The tenant’s claims
The tenant alleges breaches of landlord maintenance and/or Healthy Homes Standards at the address. The specific maintenance issues raised are:- a. Broken window fittings, b. The heat pump did not work properly, c. Low water pressure and water temperature problems resulting in poor shower facilities, d. Structural defects including cracks in the walls and window glass and misaligned door and window fittings, e. Rusty nails protruding from the deck which are a hazard, and the tenant suffered an injury from one of these.
The tenant seeks compensation including:- a. Reimbursement rent; b. Reimbursement of contract termination fees (electricity and internet); c. Costs of moving to a new tenancy premises; d. Costs of medical treatments; e. For mental distress caused by the alleged landlord breaches.
The person making an application has the task of providing evidence to prove their claims. This includes documents, receipts, photographs. Oral evidence may also be given. There must be enough evidence to satisfy the Tribunal that what is claimed is “more probable than not”.

What is the law relating to maintenance and the Healthy Homes Standards?

Section 45 RTA requires that a landlord must:- a. provide and maintain the premises in a reasonable state of repair; b. comply with all requirements in respect of smoke alarms set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016; c. comply with the Healthy Homes Standards (HHS), d. comply with any relevant enactment in relation to buildings, health and safety; and e. provide an adequate means for the collection and storage of water if there is no reticulated supply.
The HHS are specific compliance requirements for heating in the main living area, ceiling and underfloor insulation, ventilation from windows and bathroom and kitchen extractor fans, draught stopping, an efficient drainage system and a moisture prevention barrier under the house.
Compliance dates for the HHS vary depending on the tenancy. Where a new or renewed tenancy commences on a date between 28 August 2022 and 2 March 2025, the premises must comply within 120 days of the start date. The final compliance date is 1 July 2025. 1
All the above obligations apply even if a tenant knows the state of the premises at the time that the tenancy is entered into; see s45(3) RTA.
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 Residential Tenancies Act 1986. Healthy Homes Standards
The landlord was not required to comply with the HHS for this tenancy until 120 days after the start date; see above.
The tenancy ended before this. This means that there is no breach by the landlords. Maintenance issues
I now discuss the maintenance issues raised. 1 Clause 2 of Schedule 1, Residential Tenancies (Healthy Homes Standards) Regulations 2019.
A lack of shower pressure and of hot water: I am satisfied from the video and oral evidence that the shower most probably did not provide reasonable water flow for part of the time that AR lived at the house. She said that it was “ok” to start with but became worse. AP and JM agreed that the older shower could be tricky to adjust correctly. There was not enough evidence for me to decide that the hot water was inadequate.
Heat pump: AR has not proven that the heat pump did not work properly. AP said that he came to the house and explained the remote-control settings. He suggested that AR’s video showed the heat pump in a “locked” mode.
Gaps around two windows or problems with window-latches so that windows would not shut fully: the tenant’s video and oral evidence satisfies me that at least one window did not close properly and would have caused loss of heat and a draught.
Cracks in walls or glass: AR agreed that this claim refers to the gaps around the windows so I have not considered this further.
Rusty nails on deck: AR agreed that there were only one or two nails and this was not a significant issue. Unfortunately, she did injure her foot on one of the nails.
AP agreed that he did come to the house and assist AR with the shower, heat- pump and in turning the stove on. His suggestion for the shower was a makeshift one (to use nail clippers to hold the shower control knob in the right place to obtain reasonable pressure and temperature). This is not good enough. AR was paying rent and was entitled to be able to have a shower. The suggestion that she could have a bath instead is not an answer either. There is a shower in the house so it should work reasonably well.
AR agreed that she did not persist in asking AP to help her with the shower and the heat-pump. She did not tell him that the two windows would not shut. English is her second language and she said she felt bullied by AP to an extent.
I am satisfied that the shower was not reasonably well maintained and that at least one window (the one shown in the video) did not shut fully and would have caused heat to be lost from the house. Compensation
It was clarified during the hearing that AR paid a total of $800.00 rent to the landlords during the tenancy (two payments of $400.00). Unfortunately, she paid one of her rent payments of $400.00 into an incorrect bank account. Neither the Tribunal nor the landlord can correct this error. AR could try contacting her bank to see if it can help.
She seeks compensation of all rent paid. I award a full refund of the amount received by the landlords which is $800.00. The landlords may have thought they were helping AR during a transition time and that the arrangement would be short-term however JM knows the legal requirements, and these should have been followed. A documented tenancy with a short notice period can be negotiated and then all parties are clear on what their rights and obligations are.
As discussed in the hearing, I do not award compensation for early termination fees on power and internet contracts as AR chose to make these commitments for what was intended to be a short-term tenancy.
I agree that windows that do not close properly will probably cause higher heating and therefore power costs. However, I consider that the refund of rent is sufficient compensation to account for this. There was no evidence to support AR’s view that AP was using power (in an outdoor storage cabin) at her expense.
Neither do I award compensation for medical expenses, moving expenses, or stress. I accept AR’s view that the problems with this tenancy added to a time in her life of change and stress. However, there must be a proven and close link between a breach by one party and any compensation awarded. I do not find this to be the case here.
The landlords must pay the filing fee.
I make no suppression orders. The tenant did not seek this and the landlords have not been substantially successful.

Tenancy Tribunal case 4595336 — Tenancy dispute at 350A Park Road, Te Awamutu, Te Awamutu 3887

At a glance

Tenancy Tribunal case 4595336 — Tenancy dispute at 350A Park Road, Te Awamutu, Te Awamutu 3887

At a glance

Award balance

Claims & awards

Order

Reasons

Is there a tenancy and, if so, who is the landlord?

What is the law relating to maintenance and the Healthy Homes Standards?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is there a tenancy and, if so, who is the landlord?

What is the law relating to maintenance and the Healthy Homes Standards?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions