What was Tenancy Tribunal case 4599009 about?

The tribunal order states: David Huang must pay [The tenant/s] $670.44 immediately, calculated as

How much money was awarded in case 4599009?

Compensation: unlawful entry to take…: $250.00 awarded to tenant; Compensation: wrong notice given to…: $400.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4599009?

The dispute type was not classified.

Where can I read the official tribunal order for case 4599009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9904256-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4599009 about?

The tribunal order states: David Huang must pay [The tenant/s] $670.44 immediately, calculated as

How much money was awarded in case 4599009?

Compensation: unlawful entry to take…: $250.00 awarded to tenant; Compensation: wrong notice given to…: $400.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4599009?

The dispute type was not classified.

Where can I read the official tribunal order for case 4599009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9904256-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4599009 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4599009 — net $670.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: unlawful entry to take photos	$250.00	unlawful entry to take photos
Compensation: wrong notice given to the tenant	$400.00	wrong notice given to the tenant
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$670.44
Total payable by Landlord to Tenant	$670.44

Order

David Huang must pay [The tenant/s] $670.44 immediately, calculated as shown in table below:
The other claims are dismissed.
The claims relating to the bond and the payments made by MSD were withdrawn at the hearing.

Reasons

Both parties attended the hearing.
The tenant moved into an existing tenancy on 5 October 2022. He signed the tenancy agreement. The tenancy started in 2019 and was due to end on 8 February 2023. The tenancy agreement records that there were many changes of tenants during the tenancy, and it is now very hard to read. However, the landlord agreed at the hearing that the fixed term was due to end on 8 February 2023.
The tenant claims the landlord did not maintain the flat while he lived there, and that the flat was not insulated. He claims the landlord gave the tenant a notice he was not entitled to give. The tenant is also worried the landlord entered the flat without giving notice and breached his quiet enjoyment of the flat. The questions the Tribunal has to decide are – • Did the landlord maintain and repair the flat? • Was the flat insulated? • Could the landlord give notice to end the fixed term tenancy? • Did the landlord enter the flat unlawfully? • Was there a breach of quiet enjoyment?

Did the landlord maintain and repair the flat?

The tenant claims that the landlord has breached his obligations under section 45 of the Residential Tenancies Act 1986 RTA). Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair.
The tenant was concerned the windows in his bedroom did not open and so he could not ventilate the room. The landlord said the tenant told him he was not concerned about the missing hinge, and that the window directly below opened, so the room could still be ventilated. The landlord provided a photo taken on 4 January 2023 that showed both windows open. This is the tenant’s claim to prove. I did not have a photo from the tenant showing that the bottom window was also in need of repair. This means the landlord has the better evidence and the tenant has not proved the claim. The claim for compensation because of the lack of windows is dismissed.
The tenant and his witness described how the ceiling in a communal hallway collapsed on him one night because a pipe under the shower in the flat was leaking. The landlord said this was fixed straight away and there were no more leaks. The tenant and the witness said the fix was of a poor quality and the shower continued to leak. The tenants started showering at the gym instead. Again, this is the tenant’s claim to prove. There is nothing from the tenant to show the landlord knew the leak continued until the end of the tenancy.
I find there was no breach when the pipe first leaked because the landlord is only required to repair pipes if there is a problem, and it would be unreasonable to make the landlord pay compensation for a leak from a concealed pipe. I find the tenant has no supporting information – such as texts of messages to the landlord - advising that the shower still leaked. Finally, the photos I have of the repair are not clear enough for me to decide if the repair was completed properly. This claim is not proved and it is dismissed.
The tenant said the toilet leaked even after it was fixed by the plumber. The tenant has not provided me with any supporting evidence to show they advised the landlord. This claim is not proved and it is dismissed.

Was the flat insulated?

I note this house did not have to comply with the Healthy Homes Standards because the tenancy started in 2019. The landlord was required to insulate. The tenant had no evidence – such as photos of the ceiling space - to show there was no insulation. This claim is dismissed.

Could the landlord give notice to end the fixed term tenancy?

The tenant has claimed the landlord gave two weeks notice to end the fixed term tenancy which he was not entitled to do. The rules about ending fixed term tenancies changed in 2021. The law applying to fixed term tenancies which commenced in 2019 states that the tenancy could end on the end date given in the tenancy agreement. However, the law at the time did not allow the tenant or the landlord to give notice to end a fixed term tenancy sooner.
I have been provided with copies of messages sent on 20 December 2022 where the landlord tells the tenant to move out in two weeks time. This is questioned by the tenant. I have also been provided with a notice dated the same day which states “this is an eviction notice” and gives 3 January 2023 as the last day of the tenancy. The tenant said he did move out in time, but this was difficult because he was with his mother in Auckland over Christmas.
The landlord provided me with more messages sent earlier in December. In these messages the tenant asked if he could give notice and move out. The landlord submitted that there was an agreement the fixed term tenancy could end early on 3 January 2023, and that the landlord used the notice to confirm the arrangements.
This is the tenant’s claim to prove. I find the responses from the tenant on 20 December do not support the submission the parties agreed to end the tenancy on 3 January. The landlord was not able to provide me with any supporting information, such as a variation of tenancy agreement or an email recording the new end date. It seems most likely to me the landlord gave a notice to end the tenancy when he was not allowed to.
The tenant has asked for compensation. There was inconvenience. I find $400 is fair compensation, taking into account that the tenant was paying $250 a week to live in the flat, and that there was just over a month to run on the fixed term anyway.

Did the landlord enter the house unlawfully?

The tenant claims the landlord has entered the premises without consent or notice. A landlord may not enter the premises during the tenancy except with the tenant's consent, in an emergency, or after giving the required notice for inspections and repairs and maintenance. See section 48(1) and (2) RTA.
The tenant said the landlord often came into the flat without giving notice or getting consent. The landlord does not agree this happened. The tenant has not provided me with any specifics, such as dates and times. I am not persuaded by the tenant’s submission and this part of the claim is dismissed.
The tenant is especially concerned that the landlord entered the flat without consent or notice after 20 December 2022 and before the end of the tenancy, and took photos so he could advertise the flat online. I have been provided with a copy of the advertisement first listed on 29 December 2022. The photos show the tenant’s room partly packed up. The landlord said he took the photos earlier in the tenancy, with the tenant’s consent. He had no supporting information to show when the photos were taken. It seems most likely to me the photos were taken while the tenant was in the process of moving out and that no notice was given.
The tenant has asked for compensation. I allow $250 which seems a fair amount to me, given the weekly rent, the breach of privacy, and the fact the tenant had specifically asked that the landlord not let anyone enter the flat.

Was there a breach of quiet enjoyment?

The tenant claims the landlord interfered with the reasonable peace, comfort or privacy of the tenant in their use of the premises. See section 38(2) RTA.
This claim relates to the tenants being asked to remove rubbish and clean up the premises, including rubbish from the other flats. The tenant agreed when questioned that he agreed to do the clean up at the time. This means there was no breach by the landlord and this claim is dismissed. Other orders
Because the tenant has substantially succeeded with the claim I must reimburse the filing fee.
The tenant’s application for suppression is allowed because the tenant is the most successful party. See section 95A RTA.

Claims and awards in Tenancy Tribunal application 4599009 — net $670.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: unlawful entry to take photos	$250.00	unlawful entry to take photos
Compensation: wrong notice given to the tenant	$400.00	wrong notice given to the tenant
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$670.44
Total payable by Landlord to Tenant	$670.44

Order

David Huang must pay [The tenant/s] $670.44 immediately, calculated as shown in table below:
The other claims are dismissed.
The claims relating to the bond and the payments made by MSD were withdrawn at the hearing.

Reasons

Both parties attended the hearing.
The tenant moved into an existing tenancy on 5 October 2022. He signed the tenancy agreement. The tenancy started in 2019 and was due to end on 8 February 2023. The tenancy agreement records that there were many changes of tenants during the tenancy, and it is now very hard to read. However, the landlord agreed at the hearing that the fixed term was due to end on 8 February 2023.
The tenant claims the landlord did not maintain the flat while he lived there, and that the flat was not insulated. He claims the landlord gave the tenant a notice he was not entitled to give. The tenant is also worried the landlord entered the flat without giving notice and breached his quiet enjoyment of the flat. The questions the Tribunal has to decide are – • Did the landlord maintain and repair the flat? • Was the flat insulated? • Could the landlord give notice to end the fixed term tenancy? • Did the landlord enter the flat unlawfully? • Was there a breach of quiet enjoyment?

Did the landlord maintain and repair the flat?

The tenant claims that the landlord has breached his obligations under section 45 of the Residential Tenancies Act 1986 RTA). Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair.
The tenant was concerned the windows in his bedroom did not open and so he could not ventilate the room. The landlord said the tenant told him he was not concerned about the missing hinge, and that the window directly below opened, so the room could still be ventilated. The landlord provided a photo taken on 4 January 2023 that showed both windows open. This is the tenant’s claim to prove. I did not have a photo from the tenant showing that the bottom window was also in need of repair. This means the landlord has the better evidence and the tenant has not proved the claim. The claim for compensation because of the lack of windows is dismissed.
The tenant and his witness described how the ceiling in a communal hallway collapsed on him one night because a pipe under the shower in the flat was leaking. The landlord said this was fixed straight away and there were no more leaks. The tenant and the witness said the fix was of a poor quality and the shower continued to leak. The tenants started showering at the gym instead. Again, this is the tenant’s claim to prove. There is nothing from the tenant to show the landlord knew the leak continued until the end of the tenancy.
I find there was no breach when the pipe first leaked because the landlord is only required to repair pipes if there is a problem, and it would be unreasonable to make the landlord pay compensation for a leak from a concealed pipe. I find the tenant has no supporting information – such as texts of messages to the landlord - advising that the shower still leaked. Finally, the photos I have of the repair are not clear enough for me to decide if the repair was completed properly. This claim is not proved and it is dismissed.
The tenant said the toilet leaked even after it was fixed by the plumber. The tenant has not provided me with any supporting evidence to show they advised the landlord. This claim is not proved and it is dismissed.

Was the flat insulated?

I note this house did not have to comply with the Healthy Homes Standards because the tenancy started in 2019. The landlord was required to insulate. The tenant had no evidence – such as photos of the ceiling space - to show there was no insulation. This claim is dismissed.

Could the landlord give notice to end the fixed term tenancy?

The tenant has claimed the landlord gave two weeks notice to end the fixed term tenancy which he was not entitled to do. The rules about ending fixed term tenancies changed in 2021. The law applying to fixed term tenancies which commenced in 2019 states that the tenancy could end on the end date given in the tenancy agreement. However, the law at the time did not allow the tenant or the landlord to give notice to end a fixed term tenancy sooner.
I have been provided with copies of messages sent on 20 December 2022 where the landlord tells the tenant to move out in two weeks time. This is questioned by the tenant. I have also been provided with a notice dated the same day which states “this is an eviction notice” and gives 3 January 2023 as the last day of the tenancy. The tenant said he did move out in time, but this was difficult because he was with his mother in Auckland over Christmas.
The landlord provided me with more messages sent earlier in December. In these messages the tenant asked if he could give notice and move out. The landlord submitted that there was an agreement the fixed term tenancy could end early on 3 January 2023, and that the landlord used the notice to confirm the arrangements.
This is the tenant’s claim to prove. I find the responses from the tenant on 20 December do not support the submission the parties agreed to end the tenancy on 3 January. The landlord was not able to provide me with any supporting information, such as a variation of tenancy agreement or an email recording the new end date. It seems most likely to me the landlord gave a notice to end the tenancy when he was not allowed to.
The tenant has asked for compensation. There was inconvenience. I find $400 is fair compensation, taking into account that the tenant was paying $250 a week to live in the flat, and that there was just over a month to run on the fixed term anyway.

Did the landlord enter the house unlawfully?

The tenant claims the landlord has entered the premises without consent or notice. A landlord may not enter the premises during the tenancy except with the tenant's consent, in an emergency, or after giving the required notice for inspections and repairs and maintenance. See section 48(1) and (2) RTA.
The tenant said the landlord often came into the flat without giving notice or getting consent. The landlord does not agree this happened. The tenant has not provided me with any specifics, such as dates and times. I am not persuaded by the tenant’s submission and this part of the claim is dismissed.
The tenant is especially concerned that the landlord entered the flat without consent or notice after 20 December 2022 and before the end of the tenancy, and took photos so he could advertise the flat online. I have been provided with a copy of the advertisement first listed on 29 December 2022. The photos show the tenant’s room partly packed up. The landlord said he took the photos earlier in the tenancy, with the tenant’s consent. He had no supporting information to show when the photos were taken. It seems most likely to me the photos were taken while the tenant was in the process of moving out and that no notice was given.
The tenant has asked for compensation. I allow $250 which seems a fair amount to me, given the weekly rent, the breach of privacy, and the fact the tenant had specifically asked that the landlord not let anyone enter the flat.

Was there a breach of quiet enjoyment?

The tenant claims the landlord interfered with the reasonable peace, comfort or privacy of the tenant in their use of the premises. See section 38(2) RTA.
This claim relates to the tenants being asked to remove rubbish and clean up the premises, including rubbish from the other flats. The tenant agreed when questioned that he agreed to do the clean up at the time. This means there was no breach by the landlord and this claim is dismissed. Other orders
Because the tenant has substantially succeeded with the claim I must reimburse the filing fee.
The tenant’s application for suppression is allowed because the tenant is the most successful party. See section 95A RTA.

Tenancy Tribunal case 4599009 — Tenancy dispute

At a glance

Tenancy Tribunal case 4599009 — Tenancy dispute

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the landlord maintain and repair the flat?

Was the flat insulated?

Could the landlord give notice to end the fixed term tenancy?

Did the landlord enter the house unlawfully?

Was there a breach of quiet enjoyment?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the landlord maintain and repair the flat?

Was the flat insulated?

Could the landlord give notice to end the fixed term tenancy?

Did the landlord enter the house unlawfully?

Was there a breach of quiet enjoyment?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions