What was Tenancy Tribunal case 4614111 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 4614111?

Compensation: Failure to provide and…: $1,200.00 awarded to tenant; Property Damage: $1,500.00 awarded to tenant; Rent Arrears: $479.29 awarded to landlord; To Door: $150.00 awarded to landlord; Water Rates: $134.03 awarded to landlord

What type of tenancy dispute was case 4614111?

The primary dispute was Property damage. Related themes: State of repair.

Where can I read the official tribunal order for case 4614111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9507463-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4614111 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 4614111?

Compensation: Failure to provide and…: $1,200.00 awarded to tenant; Property Damage: $1,500.00 awarded to tenant; Rent Arrears: $479.29 awarded to landlord; To Door: $150.00 awarded to landlord; Water Rates: $134.03 awarded to landlord

What type of tenancy dispute was case 4614111?

The primary dispute was Property damage. Related themes: State of repair.

Where can I read the official tribunal order for case 4614111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9507463-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4614111 — Property damage

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New Zealand Tenancy Tribunal Case 4614111 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4614111 — net $1,936.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 1/06/2023	$479.29		Rent arrears to 1/06/2023
Water rates to end of tenancy	$134.03		Water rates to end of tenancy
Repairs: to door	$150.00		Repairs: to door
Compensation: Failure to provide and maintain in		$1,200.00	Failure to provide and maintain in
reasonable repair		$1,500.00	reasonable repair
Total award	$763.32	$2,700.00
Net award		$1,936.68
Bond		$2,440.00
Total payable by Landlord to Tenant		$1,936.68

Claims and awards for application 4614111 — net $1,936.68 NZD. Verify on MoJ.

Rent arrears to 1/06/2023

Amount: $479.29
Awarded to: Landlord
Reason: Rent arrears to 1/06/2023

Water rates to end of tenancy

Amount: $134.03
Awarded to: Landlord
Reason: Water rates to end of tenancy

Repairs: to door

Amount: $150.00
Awarded to: Landlord
Reason: Repairs: to door

Compensation: Failure to provide and maintain in

Amount: $1,200.00
Awarded to: Tenant
Reason: Failure to provide and maintain in

reasonable repair

Amount: $1,500.00
Awarded to: Tenant
Reason: reasonable repair

Claim types — money lines allowed on this order

Compensation Property damage Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
[The landlord/s] as Agent for [The landlord/s] must pay [The tenant/s] $1,936.68 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,440.00 ([Bond number suppressed]) to [The tenant/s] immediately.

Reasons

The tenants [Tenant 1] and [Tenant 2] attended the hearing today. [Tenant 2] has moved out of the premises some weeks prior to the tenancy ending but as a Variation of Tenancy was not signed he remains named as a tenant.
[The property manager/s] of [The property management company] attended the hearing today for the landlord and explained that they were agent for [The landlord/s] during the tenancy. A property management authority was provided. The address for service for the landlord is provided in the tenancy agreement as the address of [The property management company]. The proceedings are amended to record the landlord as [The property management company] as agent for [The landlord/s].
The tenants rented a three-bedroom upstairs unit in a block of four units from the landlord for a six-month fixed term in November 2022 to expire on 23 May 2023.
The tenants have applied for bond refund, compensation and exemplary damages for breaches by the landlord and reimbursement of the filing fee.
The landlord has applied for rent and water arrears, compensation for damage, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 1 June 2023. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy. The tenants agreed with the amounts claimed.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
The following damage was caused during the tenancy: There was a crack in the laundry door. The damage is more than fair wear and tear, and the tenants accept liability for the damage. The parties disputed the quantum to be paid for the repair. The landlord sought the sum of $437.00 for door replacement based on a quote provided. The landlord could not advise the actual cost of the repair and whether the door had been replaced. The tenant disputed the amount sought on the basis that the door was 10-12 years old, the door could be repaired without replacement, the unit was readvertised more than two weeks after the tenancy ended still showing the door not repaired. The tenants agreed to pay the amount of $150.00. The Tribunal must take a cautious approach when only a quote has been provided. Having considered the evidence the Tribunal accepts that the amount proposed by the tenant is reasonable and orders the amount of $150.00 towards the door repair.
The landlord also claimed that the tenants caused damage to the carpet in two places and provided photographs of pulled threads in the hallway and one bedroom. The landlord provided a quote for the cost of carpet replacement in the sum of $1403.00 but stated that he did not know if the work had been done. The landlord advised that the owner had insurance but did not know the amount of the excess and it is not recorded in the Tenancy Agreement provided. The tenant denied that the damage was carelessly caused. She claimed that the damage occurred when she was cleaning the carpet at the end of the tenancy and that the threads pulled at the join due to poorly installed carpet. The tenant provided evidence that the premises were advertised for rent over two weeks later with the same carpet, unreplaced. Having considered the evidence of both parties the Tribunal is not satisfied that the landlord has proved that the damage to the carpet was beyond fair wear and tear as it occurred in the course of normal use. In any event the landlord has not provided sufficient evidence of the amount of any loss.

Did the landlord wrongfully end the tenancy?

Under Section 60AA a landlord must not give a notice to terminate the tenancy or apply to the Tribunal for such an order, knowing they are not entitled to do so.
The tenants claimed that the landlord wrongfully terminated the tenancy.
The tenant stated that she made an enquiry about ending the tenancy at the end of the fixed term but that no agreement was reached due to the property manager being slow to respond. When the heat pump was installed on 16 May 2023 the tenant changed her mind and wished to stay. She was then told that she had to leave as the landlord had made other arrangements.
The landlord claimed that the tenancy ended by agreement as the tenant had requested to end the tenancy and the landlord in reliance on this made other arrangements.
In support of the claim the tenants produced copies of email and text communication with the property managers during May 2023. The communication clearly records that there was miscommunication between the parties at the time. Having considered the evidence the Tribunal finds that the communication between the parties was unsatisfactory but does not find that it amounts to a wrongful termination of the tenancy.
The parties agreed at the hearing that the tenant moved out on 1 June 2023 and the tenancy ended on that day.

Has the landlord breached their obligations under section 45?

[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair and comply with any relevant enactment in relation to buildings, health and safety.
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.
The tenant claimed that the landlord failed to provide heating, failed to maintain the deck which was slippery due to the guttering which was blocked and overflowing and failed to provide a working clothesline.
Compliance dates for the Healthy Homes Standards state that all private rentals must comply within 120 days of any new or renewed tenancy after 1 July 2021, with all private rentals complying by 1 July 2025.
The requirement for heating predates the Healthy Homes Standards. The Housing Improvement Regulations 1947 state at clause 6 “Every living room shall be fitted with a fireplace and chimney or other approved form of heating.”. The Healthy Homes Standards set out the capacity of heating required.
The tenant sent the landlord videos of the blocked guttering overflowing and later sent the landlord a 14-day notice on 12 May 2023 detailing the issues. The landlord installed a heat pump on 16 May 2023 but did not repair the other issues or provide any proof that they had been investigated.
The tenants stated that the only line provided was a temporary line attached to the leaky guttering. Photographs of the guttering, the broken clothesline, the damaged deck and video of the guttering overflowing were provided. Having considered the evidence the Tribunal is satisfied that the landlord failed to provide and maintain the premises in a reasonable state of repair. I find [The property management company] committed an unlawful act. Compensation
The tenant seeks general compensation for the loss of use of the premises and the ongoing stress and extra costs of the lack of heating and loss of use of the deck and clothesline due to ongoing water issues. The tenant advised that she had to use a dryer to dry the clothes, suffered from cold during the winter and had extra electrical costs as a result of using the oven to heat the house.
Having considered the evidence the Tribunal finds that there was ongoing inconvenience suffered by the tenant throughout the tenancy due to the landlord failure to provide and maintain the premises in a reasonable state of repair and it is appropriate to order the landlord to pay the tenant a lump sum of $1200.00 in compensation. Exemplary damages
Where a party has committed an unlawful act intentionally, the Tribunal may also award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
Exemplary damages are punitive in nature and designed to deter the landlord from further breaches.
In respect of the failure to comply with the Healthy Homes Standards regarding heating the Tribunal finds that the landlord acted intentionally.
The requirements to comply with Healthy Homes legislation commenced in July 2021. This tenancy did not commence until October 2022.
The landlord agreed to comply with Healthy Homes requirements at the beginning of the tenancy. The heat pump was not installed until more than six weeks after the expiry of the 120 days. The effect on the tenant was to be cold during the early winter months. It is in the public interest that landlords take seriously their responsibilities to comply with the legislation which is there to protect tenants’ health.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A).
In this case I have determined that as this is the first known breach by this landlord and the heat pump was eventually installed the amount of exemplary damages ordered will be at the lower end of the scale in the sum of $1500.00.
Because both parties have had substantial success with their claims I will make no order for reimbursement of either filing fee and I suppress both parties details in the order as applied for. See sections 102(4) and 95A(1) Residential Tenancies Act 1986.
At the hearing the tenants raised an issue with seeking alternative accommodation and the landlord agreed to email the tenant with a written reference in support.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4614111 — net $1,936.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 1/06/2023	$479.29		Rent arrears to 1/06/2023
Water rates to end of tenancy	$134.03		Water rates to end of tenancy
Repairs: to door	$150.00		Repairs: to door
Compensation: Failure to provide and maintain in		$1,200.00	Failure to provide and maintain in
reasonable repair		$1,500.00	reasonable repair
Total award	$763.32	$2,700.00
Net award		$1,936.68
Bond		$2,440.00
Total payable by Landlord to Tenant		$1,936.68

Claims and awards for application 4614111 — net $1,936.68 NZD. Verify on MoJ.

Rent arrears to 1/06/2023

Amount: $479.29
Awarded to: Landlord
Reason: Rent arrears to 1/06/2023

Water rates to end of tenancy

Amount: $134.03
Awarded to: Landlord
Reason: Water rates to end of tenancy

Repairs: to door

Amount: $150.00
Awarded to: Landlord
Reason: Repairs: to door

Compensation: Failure to provide and maintain in

Amount: $1,200.00
Awarded to: Tenant
Reason: Failure to provide and maintain in

reasonable repair

Amount: $1,500.00
Awarded to: Tenant
Reason: reasonable repair

Claim types — money lines allowed on this order

Compensation Property damage Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
[The landlord/s] as Agent for [The landlord/s] must pay [The tenant/s] $1,936.68 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,440.00 ([Bond number suppressed]) to [The tenant/s] immediately.

Reasons

The tenants [Tenant 1] and [Tenant 2] attended the hearing today. [Tenant 2] has moved out of the premises some weeks prior to the tenancy ending but as a Variation of Tenancy was not signed he remains named as a tenant.
[The property manager/s] of [The property management company] attended the hearing today for the landlord and explained that they were agent for [The landlord/s] during the tenancy. A property management authority was provided. The address for service for the landlord is provided in the tenancy agreement as the address of [The property management company]. The proceedings are amended to record the landlord as [The property management company] as agent for [The landlord/s].
The tenants rented a three-bedroom upstairs unit in a block of four units from the landlord for a six-month fixed term in November 2022 to expire on 23 May 2023.
The tenants have applied for bond refund, compensation and exemplary damages for breaches by the landlord and reimbursement of the filing fee.
The landlord has applied for rent and water arrears, compensation for damage, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 1 June 2023. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy. The tenants agreed with the amounts claimed.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
The following damage was caused during the tenancy: There was a crack in the laundry door. The damage is more than fair wear and tear, and the tenants accept liability for the damage. The parties disputed the quantum to be paid for the repair. The landlord sought the sum of $437.00 for door replacement based on a quote provided. The landlord could not advise the actual cost of the repair and whether the door had been replaced. The tenant disputed the amount sought on the basis that the door was 10-12 years old, the door could be repaired without replacement, the unit was readvertised more than two weeks after the tenancy ended still showing the door not repaired. The tenants agreed to pay the amount of $150.00. The Tribunal must take a cautious approach when only a quote has been provided. Having considered the evidence the Tribunal accepts that the amount proposed by the tenant is reasonable and orders the amount of $150.00 towards the door repair.
The landlord also claimed that the tenants caused damage to the carpet in two places and provided photographs of pulled threads in the hallway and one bedroom. The landlord provided a quote for the cost of carpet replacement in the sum of $1403.00 but stated that he did not know if the work had been done. The landlord advised that the owner had insurance but did not know the amount of the excess and it is not recorded in the Tenancy Agreement provided. The tenant denied that the damage was carelessly caused. She claimed that the damage occurred when she was cleaning the carpet at the end of the tenancy and that the threads pulled at the join due to poorly installed carpet. The tenant provided evidence that the premises were advertised for rent over two weeks later with the same carpet, unreplaced. Having considered the evidence of both parties the Tribunal is not satisfied that the landlord has proved that the damage to the carpet was beyond fair wear and tear as it occurred in the course of normal use. In any event the landlord has not provided sufficient evidence of the amount of any loss.

Did the landlord wrongfully end the tenancy?

Under Section 60AA a landlord must not give a notice to terminate the tenancy or apply to the Tribunal for such an order, knowing they are not entitled to do so.
The tenants claimed that the landlord wrongfully terminated the tenancy.
The tenant stated that she made an enquiry about ending the tenancy at the end of the fixed term but that no agreement was reached due to the property manager being slow to respond. When the heat pump was installed on 16 May 2023 the tenant changed her mind and wished to stay. She was then told that she had to leave as the landlord had made other arrangements.
The landlord claimed that the tenancy ended by agreement as the tenant had requested to end the tenancy and the landlord in reliance on this made other arrangements.
In support of the claim the tenants produced copies of email and text communication with the property managers during May 2023. The communication clearly records that there was miscommunication between the parties at the time. Having considered the evidence the Tribunal finds that the communication between the parties was unsatisfactory but does not find that it amounts to a wrongful termination of the tenancy.
The parties agreed at the hearing that the tenant moved out on 1 June 2023 and the tenancy ended on that day.

Has the landlord breached their obligations under section 45?

[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair and comply with any relevant enactment in relation to buildings, health and safety.
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.
The tenant claimed that the landlord failed to provide heating, failed to maintain the deck which was slippery due to the guttering which was blocked and overflowing and failed to provide a working clothesline.
Compliance dates for the Healthy Homes Standards state that all private rentals must comply within 120 days of any new or renewed tenancy after 1 July 2021, with all private rentals complying by 1 July 2025.
The requirement for heating predates the Healthy Homes Standards. The Housing Improvement Regulations 1947 state at clause 6 “Every living room shall be fitted with a fireplace and chimney or other approved form of heating.”. The Healthy Homes Standards set out the capacity of heating required.
The tenant sent the landlord videos of the blocked guttering overflowing and later sent the landlord a 14-day notice on 12 May 2023 detailing the issues. The landlord installed a heat pump on 16 May 2023 but did not repair the other issues or provide any proof that they had been investigated.
The tenants stated that the only line provided was a temporary line attached to the leaky guttering. Photographs of the guttering, the broken clothesline, the damaged deck and video of the guttering overflowing were provided. Having considered the evidence the Tribunal is satisfied that the landlord failed to provide and maintain the premises in a reasonable state of repair. I find [The property management company] committed an unlawful act. Compensation
The tenant seeks general compensation for the loss of use of the premises and the ongoing stress and extra costs of the lack of heating and loss of use of the deck and clothesline due to ongoing water issues. The tenant advised that she had to use a dryer to dry the clothes, suffered from cold during the winter and had extra electrical costs as a result of using the oven to heat the house.
Having considered the evidence the Tribunal finds that there was ongoing inconvenience suffered by the tenant throughout the tenancy due to the landlord failure to provide and maintain the premises in a reasonable state of repair and it is appropriate to order the landlord to pay the tenant a lump sum of $1200.00 in compensation. Exemplary damages
Where a party has committed an unlawful act intentionally, the Tribunal may also award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
Exemplary damages are punitive in nature and designed to deter the landlord from further breaches.
In respect of the failure to comply with the Healthy Homes Standards regarding heating the Tribunal finds that the landlord acted intentionally.
The requirements to comply with Healthy Homes legislation commenced in July 2021. This tenancy did not commence until October 2022.
The landlord agreed to comply with Healthy Homes requirements at the beginning of the tenancy. The heat pump was not installed until more than six weeks after the expiry of the 120 days. The effect on the tenant was to be cold during the early winter months. It is in the public interest that landlords take seriously their responsibilities to comply with the legislation which is there to protect tenants’ health.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A).
In this case I have determined that as this is the first known breach by this landlord and the heat pump was eventually installed the amount of exemplary damages ordered will be at the lower end of the scale in the sum of $1500.00.
Because both parties have had substantial success with their claims I will make no order for reimbursement of either filing fee and I suppress both parties details in the order as applied for. See sections 102(4) and 95A(1) Residential Tenancies Act 1986.
At the hearing the tenants raised an issue with seeking alternative accommodation and the landlord agreed to email the tenant with a written reference in support.

Tenancy Tribunal case 4614111 — Property damage

At a glance

Tenancy Tribunal case 4614111 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Is the tenant responsible for the damage to the premises?

Did the landlord wrongfully end the tenancy?

Has the landlord breached their obligations under section 45?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Is the tenant responsible for the damage to the premises?

Did the landlord wrongfully end the tenancy?

Has the landlord breached their obligations under section 45?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions