What was Tenancy Tribunal case 4612949 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 4612949?

Compensation: Maintenance Issues: $3,875.00 awarded to tenant; Rent Arrears: $7,171.43 awarded to landlord

What type of tenancy dispute was case 4612949?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4612949?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9540841-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4612949 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 4612949?

Compensation: Maintenance Issues: $3,875.00 awarded to tenant; Rent Arrears: $7,171.43 awarded to landlord

What type of tenancy dispute was case 4612949?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4612949?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9540841-Tribunal_Order_Redacted.pdf.

8 Hopetoun Street, Freemans Bay, Auckland 1011 Tenancy Tribunal Case 4612949 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4612949 — net $3,296.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$7,171.43		Rent arrears
Compensation: Maintenance issues		$3,875.00	Maintenance issues
Total award	$7,171.43	$3,875.00
Net award	$3,296.43
Total payable by Tenant to Landlord	$3,296.43

Both parties attended the hearing.

The tenant has applied for compensation in relation to maintenance issues.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing.

Several maintenance issues have been apparent during this tenancy. The tenant has on occasion paid no or less rent when these issues have not been addressed. The Tribunal does not condone this action but the tenant took this step out of frustration.

The most important maintenance issues relate to the lack of heating, the failure to replace special light bulbs, and the failure to repair a faulty smoke alarm.

The tenancy began on 10 December 2021. The Healthy Homes standards require that this tenancy is compliant within 90 days of the beginning of the tenancy. Therefore, the Healthy Homes compliance date is 10 March 2022.

At the hearing the landlord produced a Healthy Homes assessment from August 2021 confirming that the premises did not comply with the heating or draughts standards.

The landlord installed a heat pump which initially did not work but was operational in February 2023, 47 weeks after the compliance date. This meant that the tenant had a considerable amount of time without the benefit of compliant heating.

The draughts standard has still not been complied with because there is an open fireplace at the premises which has not been closed off to prevent draughts through the fireplace. The tenant confirmed at the hearing that he has no interest in making use of the fireplace. The landlord indicated that this will be closed off.

In relation to the special light bulbs, these are in one of the bathrooms. They are not standard light bulbs. The tenant brought this issue to the landlord’s attention on 7 February 2023, and it was fixed around 4 and a half weeks later. In the interim the tenant’s children had showers without lighting which would have been considerably inconvenient.

For the smoke alarm the tenant advised the landlord that it was faulty in March 2023. At the hearing the landlord could not say when this was repaired but it was thought to be in July 2023 approximately 13 weeks later. This is an important safety matter and not one that should have taken so long to address. The delay put the tenant and his family’s safety at risk.

I consider that the tenant should be compensated for the considerable delay in addressing maintenance issues including those outlined above. I have calculated the compensation taking account of the delay to address issues and at $50 per week for the heating, $50 per week for the lighting and $100 per week for the smoke alarm. The total compensation amounts to $3,875.00. That amount is deducted from the rent arrears owed by the tenant.

As both parties have had some success with their applications, I make no award for reimbursement of the filing fee. The tenant asked for suppression at the hearing and as he has had some success, I make that order.

Claims and awards in Tenancy Tribunal application 4612949 — net $3,296.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$7,171.43		Rent arrears
Compensation: Maintenance issues		$3,875.00	Maintenance issues
Total award	$7,171.43	$3,875.00
Net award	$3,296.43
Total payable by Tenant to Landlord	$3,296.43

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
[The tenant/s] must pay Barfoot & Thompson Limited As Agent For Jimmy And Rachel Gardner $3,296.43 immediately, being rent arrears to 17 October 2023.

Reasons

Both parties attended the hearing.
The tenant has applied for compensation in relation to maintenance issues.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
Several maintenance issues have been apparent during this tenancy. The tenant has on occasion paid no or less rent when these issues have not been addressed. The Tribunal does not condone this action but the tenant took this step out of frustration.
The most important maintenance issues relate to the lack of heating, the failure to replace special light bulbs, and the failure to repair a faulty smoke alarm.
The tenancy began on 10 December 2021. The Healthy Homes standards require that this tenancy is compliant within 90 days of the beginning of the tenancy. Therefore, the Healthy Homes compliance date is 10 March 2022.
At the hearing the landlord produced a Healthy Homes assessment from August 2021 confirming that the premises did not comply with the heating or draughts standards.
The landlord installed a heat pump which initially did not work but was operational in February 2023, 47 weeks after the compliance date. This meant that the tenant had a considerable amount of time without the benefit of compliant heating.
The draughts standard has still not been complied with because there is an open fireplace at the premises which has not been closed off to prevent draughts through the fireplace. The tenant confirmed at the hearing that he has no interest in making use of the fireplace. The landlord indicated that this will be closed off.
In relation to the special light bulbs, these are in one of the bathrooms. They are not standard light bulbs. The tenant brought this issue to the landlord’s attention on 7 February 2023, and it was fixed around 4 and a half weeks later. In the interim the tenant’s children had showers without lighting which would have been considerably inconvenient.
For the smoke alarm the tenant advised the landlord that it was faulty in March 2023. At the hearing the landlord could not say when this was repaired but it was thought to be in July 2023 approximately 13 weeks later. This is an important safety matter and not one that should have taken so long to address. The delay put the tenant and his family’s safety at risk.
I consider that the tenant should be compensated for the considerable delay in addressing maintenance issues including those outlined above. I have calculated the compensation taking account of the delay to address issues and at $50 per week for the heating, $50 per week for the lighting and $100 per week for the smoke alarm. The total compensation amounts to $3,875.00. That amount is deducted from the rent arrears owed by the tenant.
As both parties have had some success with their applications, I make no award for reimbursement of the filing fee. The tenant asked for suppression at the hearing and as he has had some success, I make that order.

Tenancy Tribunal case 4612949 — Rent arrears at 8 Hopetoun Street, Freemans Bay, Auckland 1011

At a glance

Tenancy Tribunal case 4612949 — Rent arrears at 8 Hopetoun Street, Freemans Bay, Auckland 1011

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