What was Tenancy Tribunal case 4595649 about?

The tribunal order states: There is an order for suppression of the names and identifying details of the

How much money was awarded in case 4595649?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4595649?

The primary dispute was Mould & damp. Related themes: Healthy homes, Exemplary damages, Leaks.

Where can I read the official tribunal order for case 4595649?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9335115-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4595649 about?

The tribunal order states: There is an order for suppression of the names and identifying details of the

How much money was awarded in case 4595649?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4595649?

The primary dispute was Mould & damp. Related themes: Healthy homes, Exemplary damages, Leaks.

Where can I read the official tribunal order for case 4595649?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9335115-Tribunal_Order_Redacted.pdf.

20 Tate Place, Feilding, 4702 Tenancy Tribunal Case 4595649 — Mould & damp

Tenantcheck Insights

Reasons

Both parties attended the hearing, the landlord represented by Ms Turner, Property Manager.

In an earlier order dated 6 July 2023 the fixed-term tenancy was reduced and ended on 1 August 2023. The tenants’ other applications were adjourned.

The tenants claim that there has been a breach of Healthy Homes Standards, that their health suffered as a result of mould and they sought compensation for the loss of use of the laundry. They also sought exemplary damages. They were unsure of the amount of compensation of exemplary damages they were seeking.

The tenancy began on 27 April 2023. On or about 4 May 2023 the tenant discovered that there was black mould on the wall under the tub in the laundry. They notified the landlord or organised for a plumber to attend.

Ms Turner said that the first plumber simply wanted to replace the GIB and so the owners arranged for a second plumber who identified a major issue involving a drain at the back of the property. He provided a quote to remediate the issues and the owners also obtained a second quote. The repairs were completed on 17 July 2023.

In the meantime, the landlord’s reduced the rent from $500 to $450 per week for a period of 10 weeks until the end of the tenancy on 1 August 2023.

The tenants seek further compensation for the lack of use of the laundry and for the mould that developed in the bedroom because of condensation. In addition there was some leaking in the car shed from a gutter between the house and car shed. There was also a lot of condensation on the windows. The tenants produced photographs showing that.

In support of their claim for respiratory problems because of the cold and damp, the tenants produced a medical certificate from a GP who stated that [Tenant A] had consulted him with respiratory issues. He believed that the significant mould that she had told him about was contributing to this. Loss of laundry facility

The tenancy lasted 13½ weeks. The rent was reduced for 10 of those weeks. The laundry was out of action for between 10 and 11 weeks and they had to use a laundromat. That would have been a considerable inconvenience, especially given [Tenant A’s] mobility issues. A reduction of $50.00 per week for the loss of the laundry for that period is reasonable. The landlord has already compensated them for that and so I make no further order for compensation.

The landlord attended to the matter promptly as soon as they were aware of the issue. I find no basis for exemplary damages. Dampness and Healthy Homes Standards

It does seem that the property was damp. The Healthy Homes Standards were introduced to try to improve the quality of the housing stock. There are four standards: insulation, water ingress, draught stopping and heating. The fact that a house is damp does not mean it is necessary in in breach of any of the standards. The tenants’ evidence did not establish that the property did not comply with the Healthy Homes Standards.

It is possible that the tenants’ health suffered as a result of living in the house, but doctor’s note goes no further than confirm that [Tenant A’s] respiratory issues might have been worsened by the conditions in the house. The tenants have not established that it was as a result of the landlord breaching any obligations under the Residential Tenancies Act. Their claims are therefore dismissed.

These claims were filed along with the application to reduce the fixed-term, which was successful. Therefore, because the tenants have had some success, I have granted their application for name suppression.

Reasons

Both parties attended the hearing, the landlord represented by Ms Turner, Property Manager.

In an earlier order dated 6 July 2023 the fixed-term tenancy was reduced and ended on 1 August 2023. The tenants’ other applications were adjourned.

In the meantime, the landlord’s reduced the rent from $500 to $450 per week for a period of 10 weeks until the end of the tenancy on 1 August 2023.

The landlord attended to the matter promptly as soon as they were aware of the issue. I find no basis for exemplary damages. Dampness and Healthy Homes Standards

Tenancy Tribunal case 4595649 — Mould & damp at 20 Tate Place, Feilding, 4702

At a glance

Tenancy Tribunal case 4595649 — Mould & damp at 20 Tate Place, Feilding, 4702

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions