What was Tenancy Tribunal case 4609555 about?

The tribunal order states: [The landlord/s] must pay [The tenant/s] $3,400.00 immediately as shown in the

How much money was awarded in case 4609555?

Compensation: $3,800.00 awarded to tenant; Rent Arrears: $1,900.00 awarded to landlord

What type of tenancy dispute was case 4609555?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4609555?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9707602-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4609555 about?

The tribunal order states: [The landlord/s] must pay [The tenant/s] $3,400.00 immediately as shown in the

How much money was awarded in case 4609555?

Compensation: $3,800.00 awarded to tenant; Rent Arrears: $1,900.00 awarded to landlord

What type of tenancy dispute was case 4609555?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4609555?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9707602-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 2, 34 Nordon Place, Remuera, Auckland 1050 Tenancy Tribunal Case 4609555 — Rent arrears

Claims and awards in Tenancy Tribunal application 4609555 — net $1,920.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,900.00		Rent arrears
Compensation (rent reduction		$3,800.00	Compensation (rent reduction
Total award	$1,900.00	$3,800.00
Net award		$1,920.44
Total payable by Landlord to Tenant		$1,920.44

Order

[The landlord/s] must pay [The tenant/s] $3,400.00 immediately as shown in the table below.

Reasons

All the parties attended the hearing.
This is a fixed term tenancy which started on 16 December 2022 and due to end as a fixed term tenancy on 31 January 2024. The intention from the tenant is that it continue as a periodic tenancy thereafter.
The tenant originally applied for a work order for work on the premises that needed to be done and damages for the impact of the work not being done.
At the hearing today, the tenant confirmed the key matters were: (a) The master bedroom and ensuite was still not able to be used. (b) The extractor fan was not able to be used and needed to be cleaned after rodents killed in the roof space. (c) The toilet seat needed fixing in the downstairs toilet.
Both parties were happy that the agent [The property manager/s] said she would look into the matters in (b) and (c) immediately. Previously there was a rodent problem and window repair that has been addressed.
There remains a water stain in the living room that needs to be addressed but this does not seem to be a priority currently.
The landlord has also applied for termination of the tenancy for breach of the tenant’s obligations for paying full rent.
At the time of the hearing $1900.00 was owing by the tenant to the landlord. The Master bedroom and Ensuite
When the tenants signed the tenancy in November 2022, they were aware the master bedroom had a leak, some water damage and was to be repaired.
They were told this would be done fairly quickly. The tenants were aware of the issue and moved in on 16 December 2022. They noticed the master bedroom was damp. They initially had a small dehumidifier and then an industrial strength one.
At about 5 weeks after moving into the tenancy, [The tenant/s] was told after a specialist inspection to move out of the master bedroom room due to mould. The mould was then addressed.
When further investigation occurred, it appeared the carpets were removed and were mouldy too.
The landlord commenced negotiations with her insurance company as she was told the old carpet would be re-laid after the mould treatment. The landlord did not agree with this and wanted new carpet to be laid based on a quote she provided in January 2023.
The landlord dropped the rent from $880.00 a week to $750.00 on 12 January 2023. This rent amount due continues until today.
Between mid-March and mid-April, the landlord became aware the insurance company was not going to lay down new carpet.
At this point, the landlord should have made sure she addressed her obligations as a landlord to ensure the premises were in a reasonable state of repair, especially the master bedroom. (Section 45 Residential Tenancies Act 1986).
Enough time had passed for this issue to be addressed from the tenant’s point of view.
The impact on the tenant was that [The tenant/s], due to her health needs, eventually had to move out of the home on or about 22 June 2023. She continues to pay rent for the tenancy and also expenses in her current accommodation.
The landlord has agreed to a rent reduction of a further $100 a week (so $650.00 a week) until the work to rectify the master bedroom is completed. This is now envisaged to be by February 2024, once a new roof and gutter is put in (in January 2024).
The parties agreed the rent reduction could be backdated.
Taking into account the real problems became important to repair between mid- March and mid-April 2023, I award compensation of $3800.00 to the tenant for the breach of the landlord’s obligations to repair which should have been done in a more timely manner. The compensation takes into account the number of weeks backdating the rent reduction agreed and extra amount for the impact on the tenant.
The Tribunal after hearing for the landlord does not consider the landlord acted intentionally but her priority in dealing with insurance was not correct and impacted the tenant. Termination for Rent Arrears
The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
There is currently $1900.00 in rent arrears. The agent sent a 14 day notice to remedy the breach on 2 August 2023.
The 14 day notice it appears misguided given the problems that the tenant was having with the tenancy at the time.
Given the compensation awarded, the compensation amount awarded is off-set against the rent arrears.
The application for termination for breach is therefore dismissed. Filing Fee
Because [The tenant/s] have substantially succeeded with the claim I have reimbursed the filing fee. Suppression
The tenant is seeking suppression of identifying details in any publication of this order.
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.
Having considered the factors in this case where this is an ongoing tenancy where the parties have an amicable relationship, but the property still requires some work done, the Tribunal grants suppression of the tenant and landlord’s names but not the tenancy address.

Claims and awards in Tenancy Tribunal application 4609555 — net $1,920.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,900.00		Rent arrears
Compensation (rent reduction		$3,800.00	Compensation (rent reduction
Total award	$1,900.00	$3,800.00
Net award		$1,920.44
Total payable by Landlord to Tenant		$1,920.44

Order

[The landlord/s] must pay [The tenant/s] $3,400.00 immediately as shown in the table below.

Reasons

All the parties attended the hearing.
This is a fixed term tenancy which started on 16 December 2022 and due to end as a fixed term tenancy on 31 January 2024. The intention from the tenant is that it continue as a periodic tenancy thereafter.
The tenant originally applied for a work order for work on the premises that needed to be done and damages for the impact of the work not being done.
At the hearing today, the tenant confirmed the key matters were: (a) The master bedroom and ensuite was still not able to be used. (b) The extractor fan was not able to be used and needed to be cleaned after rodents killed in the roof space. (c) The toilet seat needed fixing in the downstairs toilet.
Both parties were happy that the agent [The property manager/s] said she would look into the matters in (b) and (c) immediately. Previously there was a rodent problem and window repair that has been addressed.
There remains a water stain in the living room that needs to be addressed but this does not seem to be a priority currently.
The landlord has also applied for termination of the tenancy for breach of the tenant’s obligations for paying full rent.
At the time of the hearing $1900.00 was owing by the tenant to the landlord. The Master bedroom and Ensuite
When the tenants signed the tenancy in November 2022, they were aware the master bedroom had a leak, some water damage and was to be repaired.
They were told this would be done fairly quickly. The tenants were aware of the issue and moved in on 16 December 2022. They noticed the master bedroom was damp. They initially had a small dehumidifier and then an industrial strength one.
At about 5 weeks after moving into the tenancy, [The tenant/s] was told after a specialist inspection to move out of the master bedroom room due to mould. The mould was then addressed.
When further investigation occurred, it appeared the carpets were removed and were mouldy too.
The landlord commenced negotiations with her insurance company as she was told the old carpet would be re-laid after the mould treatment. The landlord did not agree with this and wanted new carpet to be laid based on a quote she provided in January 2023.
The landlord dropped the rent from $880.00 a week to $750.00 on 12 January 2023. This rent amount due continues until today.
Between mid-March and mid-April, the landlord became aware the insurance company was not going to lay down new carpet.
At this point, the landlord should have made sure she addressed her obligations as a landlord to ensure the premises were in a reasonable state of repair, especially the master bedroom. (Section 45 Residential Tenancies Act 1986).
Enough time had passed for this issue to be addressed from the tenant’s point of view.
The impact on the tenant was that [The tenant/s], due to her health needs, eventually had to move out of the home on or about 22 June 2023. She continues to pay rent for the tenancy and also expenses in her current accommodation.
The landlord has agreed to a rent reduction of a further $100 a week (so $650.00 a week) until the work to rectify the master bedroom is completed. This is now envisaged to be by February 2024, once a new roof and gutter is put in (in January 2024).
The parties agreed the rent reduction could be backdated.
Taking into account the real problems became important to repair between mid- March and mid-April 2023, I award compensation of $3800.00 to the tenant for the breach of the landlord’s obligations to repair which should have been done in a more timely manner. The compensation takes into account the number of weeks backdating the rent reduction agreed and extra amount for the impact on the tenant.
The Tribunal after hearing for the landlord does not consider the landlord acted intentionally but her priority in dealing with insurance was not correct and impacted the tenant. Termination for Rent Arrears
The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
There is currently $1900.00 in rent arrears. The agent sent a 14 day notice to remedy the breach on 2 August 2023.
The 14 day notice it appears misguided given the problems that the tenant was having with the tenancy at the time.
Given the compensation awarded, the compensation amount awarded is off-set against the rent arrears.
The application for termination for breach is therefore dismissed. Filing Fee
Because [The tenant/s] have substantially succeeded with the claim I have reimbursed the filing fee. Suppression
The tenant is seeking suppression of identifying details in any publication of this order.
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.
Having considered the factors in this case where this is an ongoing tenancy where the parties have an amicable relationship, but the property still requires some work done, the Tribunal grants suppression of the tenant and landlord’s names but not the tenancy address.

Tenancy Tribunal case 4609555 — Rent arrears at Unit/Flat Flat 2, 34 Nordon Place, Remuera, Auckland 1050

At a glance

Tenancy Tribunal case 4609555 — Rent arrears at Unit/Flat Flat 2, 34 Nordon Place, Remuera, Auckland 1050

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