What was Tenancy Tribunal case 4615558 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 4615558?

Compensation: Rent Reduction: $1,920.60 awarded to tenant

What type of tenancy dispute was case 4615558?

The dispute type was not classified.

Where can I read the official tribunal order for case 4615558?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9546313-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4615558 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 4615558?

Compensation: Rent Reduction: $1,920.60 awarded to tenant

What type of tenancy dispute was case 4615558?

The dispute type was not classified.

Where can I read the official tribunal order for case 4615558?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9546313-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4615558 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4615558 — net $1,920.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Rent reduction	$1,920.60	Rent reduction
Net award	$1,920.60
Total payable by Landlord to Tenant	$1,920.60

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants name and identifying details.

Reasons

Both parties attended the hearing.
The Tenant applied for work orders, to terminate the fixed term lease, rent reduction and breach of Healthy Home Standards. Background
This was a fixed term tenancy from 10 March 2023 to 7 March 2024.
At the hearing, the parties agreed that the Tenant could terminate the tenancy upon providing 28 days notice to the Landlord. Breach of Healthy Home Standards
The Tenants claimed the Landlord breached the Healthy Home Standards, specifically the moisture ingress and drainage standards. The Tenants submitted there was substantial water intrusion penetrating the ceilings which caused significant mould across numerous rooms. There was also water permeating through the carpet in one bedroom.
Following significant rainfall on 15 May 2023, the Tenant noticed an outcropping of mould across several rooms. The Tenant sent photographs to the Landlord on 15 May 2023 requesting an assessment and investigation of the water intrusion into the ceiling. The Tenant suggested it could be a roofing gutter issue.
On 22 May 2023, the Landlord responded the Owner lived overseas so the any response would be delayed. On 5 June 2023, the Tenant noticed the mould became worse and the ceiling paint began to bubble. There was wetness, staining and more mould spots on the ceiling. The Tenant emailed the Landlord again about the issue, noting their health and safety concerns. They requested the mould be cleaned, an assessment be conducted and the remaining windows repaired.
On 18 June 2023, the Tenant noticed severe water saturation in the carpet in their sons room.
On 19 June 2023, an inspection occurred and the mould, water staining of the carpet, damp ceilings and saturated carpet were noted.
On 20 June 2023, the accumulation of mould led the Tenant’s son to move out of his room.
On 10 July 2023, the Tenants submit a Plumber was sent to power wash the silt in the gutters. Photographs were provided of the loose tiles in the roof and silt in the gutters.
The Landlord submitted there was a slow response to the Tenant’s notification due to the difficulty in finding a Plumber after the [City] extreme weather event in January 2023. The Landlord submitted their Plumber advised them there was no leaking in the pipes nor were there any holes in the ceiling and roof. They cleaned the gutters on 10 July 2023. They observed the property in August 2023 and found the dampness issue had disappeared.
The Healthy Homes Certificate was signed at the start of the tenancy however it was incomplete with respect to the Healthy Home Standards.
Compliance dates for the HHS vary depending on the tenancy. All private rentals must comply within 90 days of any new or renewed tenancy after 1 July 2021, with all private rentals complying by 1 July 2024. This would mean the property needed to comply by the 8 July 2023.
The moisture and ingress standard sets out minimum expectations. Rental properties must have efficient drainage for the removal of storm water, surface water and ground water, including an appropriate outfall. The drainage system must include gutters, downpipes and drains for the removal of water on the roof.
In [City], many houses produce mould and this issue can be remedied by wiping with an appropriate cleaner. Where a property has an inherent problem or a leak causing mould, then the landlord will have a responsibility to remedy the fault. The presence of mould in a property can be caused by the state of the premises or a lack of ventilation.
In considering the evidence, I find the Landlord has breached the Healthy Home Standards. This is seen in the failure of the Home Standards statement to confirm compliance, the presence of leaks in the ceiling, mould and wet carpet. Rent reduction
The Tenant claimed a rent reduction for the son’s room being uninhabitable due to the mould and saturated carpet which emitted an unbearable smell. The Tenant claimed from 29 May 2023, being two weeks after the Landlord was notified of the problem up to the date of the hearing. The Landlord agreed to reducing the rent by 33% but argued the time period should be from 20 June 2023, when the son moved out of the bedroom to 2 August 2023, when the bedroom carpet was removed.
In considering the evidence, the parties have agreed to the rent reduction amount of 33%, however I find that the appropriate time period should be calculated from the time the son vacated the bedroom to the date the issue was fixed. Evidence was provided that the son vacated the room on 20 June 2023 and the problem was repaired on 2 August 2023.
The amounts ordered are proved. Work Order
The Tenant sought an Order for the Landlord to undertake a mould test in the wall of their son’s bedroom to ensure there were no other defects causing the mould. The Landlord cleared out the gutters and removed the wet carpet but the Tenants were still concerned that the mould could be due to some defect behind the walls. They saw water coming out of where the wall meets the floor. They wanted the walls stripped down and mould tested behind this. Given the ongoing issue of the mould and leaks, they did not consider this request unreasonable and it would benefit both parties to investigate.
The Landlord submitted the mould was caused by a standard ceiling leak. The only work required was for a builder to gib and plaster the hole and install carpet. They did not see any evidence of the mould coming through the wall and the work the Tenant was requesting was compounding the Landlords costs. The work required would only take approximately two days for the room to be fully functional.
In considering the evidence, I find the Tenant has not provided sufficient evidence to prove there were further mould issues with the sons room. The onus is on the Tenant to prove their claim and in this case, to prove that the mould issue and leak was not resolved so further investigations were required. No further evidence of the mould was provided. There is also no evidence from an independent expert to support the need for further mould testing.
For this reason, the claim is dismissed.
As the Tenant has substantially successful with their claim, name suppression is granted.

Claims and awards in Tenancy Tribunal application 4615558 — net $1,920.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Rent reduction	$1,920.60	Rent reduction
Net award	$1,920.60
Total payable by Landlord to Tenant	$1,920.60

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants name and identifying details.

Reasons

Both parties attended the hearing.
The Tenant applied for work orders, to terminate the fixed term lease, rent reduction and breach of Healthy Home Standards. Background
This was a fixed term tenancy from 10 March 2023 to 7 March 2024.
At the hearing, the parties agreed that the Tenant could terminate the tenancy upon providing 28 days notice to the Landlord. Breach of Healthy Home Standards
The Tenants claimed the Landlord breached the Healthy Home Standards, specifically the moisture ingress and drainage standards. The Tenants submitted there was substantial water intrusion penetrating the ceilings which caused significant mould across numerous rooms. There was also water permeating through the carpet in one bedroom.
Following significant rainfall on 15 May 2023, the Tenant noticed an outcropping of mould across several rooms. The Tenant sent photographs to the Landlord on 15 May 2023 requesting an assessment and investigation of the water intrusion into the ceiling. The Tenant suggested it could be a roofing gutter issue.
On 22 May 2023, the Landlord responded the Owner lived overseas so the any response would be delayed. On 5 June 2023, the Tenant noticed the mould became worse and the ceiling paint began to bubble. There was wetness, staining and more mould spots on the ceiling. The Tenant emailed the Landlord again about the issue, noting their health and safety concerns. They requested the mould be cleaned, an assessment be conducted and the remaining windows repaired.
On 18 June 2023, the Tenant noticed severe water saturation in the carpet in their sons room.
On 19 June 2023, an inspection occurred and the mould, water staining of the carpet, damp ceilings and saturated carpet were noted.
On 20 June 2023, the accumulation of mould led the Tenant’s son to move out of his room.
On 10 July 2023, the Tenants submit a Plumber was sent to power wash the silt in the gutters. Photographs were provided of the loose tiles in the roof and silt in the gutters.
The Landlord submitted there was a slow response to the Tenant’s notification due to the difficulty in finding a Plumber after the [City] extreme weather event in January 2023. The Landlord submitted their Plumber advised them there was no leaking in the pipes nor were there any holes in the ceiling and roof. They cleaned the gutters on 10 July 2023. They observed the property in August 2023 and found the dampness issue had disappeared.
The Healthy Homes Certificate was signed at the start of the tenancy however it was incomplete with respect to the Healthy Home Standards.
Compliance dates for the HHS vary depending on the tenancy. All private rentals must comply within 90 days of any new or renewed tenancy after 1 July 2021, with all private rentals complying by 1 July 2024. This would mean the property needed to comply by the 8 July 2023.
The moisture and ingress standard sets out minimum expectations. Rental properties must have efficient drainage for the removal of storm water, surface water and ground water, including an appropriate outfall. The drainage system must include gutters, downpipes and drains for the removal of water on the roof.
In [City], many houses produce mould and this issue can be remedied by wiping with an appropriate cleaner. Where a property has an inherent problem or a leak causing mould, then the landlord will have a responsibility to remedy the fault. The presence of mould in a property can be caused by the state of the premises or a lack of ventilation.
In considering the evidence, I find the Landlord has breached the Healthy Home Standards. This is seen in the failure of the Home Standards statement to confirm compliance, the presence of leaks in the ceiling, mould and wet carpet. Rent reduction
The Tenant claimed a rent reduction for the son’s room being uninhabitable due to the mould and saturated carpet which emitted an unbearable smell. The Tenant claimed from 29 May 2023, being two weeks after the Landlord was notified of the problem up to the date of the hearing. The Landlord agreed to reducing the rent by 33% but argued the time period should be from 20 June 2023, when the son moved out of the bedroom to 2 August 2023, when the bedroom carpet was removed.
In considering the evidence, the parties have agreed to the rent reduction amount of 33%, however I find that the appropriate time period should be calculated from the time the son vacated the bedroom to the date the issue was fixed. Evidence was provided that the son vacated the room on 20 June 2023 and the problem was repaired on 2 August 2023.
The amounts ordered are proved. Work Order
The Tenant sought an Order for the Landlord to undertake a mould test in the wall of their son’s bedroom to ensure there were no other defects causing the mould. The Landlord cleared out the gutters and removed the wet carpet but the Tenants were still concerned that the mould could be due to some defect behind the walls. They saw water coming out of where the wall meets the floor. They wanted the walls stripped down and mould tested behind this. Given the ongoing issue of the mould and leaks, they did not consider this request unreasonable and it would benefit both parties to investigate.
The Landlord submitted the mould was caused by a standard ceiling leak. The only work required was for a builder to gib and plaster the hole and install carpet. They did not see any evidence of the mould coming through the wall and the work the Tenant was requesting was compounding the Landlords costs. The work required would only take approximately two days for the room to be fully functional.
In considering the evidence, I find the Tenant has not provided sufficient evidence to prove there were further mould issues with the sons room. The onus is on the Tenant to prove their claim and in this case, to prove that the mould issue and leak was not resolved so further investigations were required. No further evidence of the mould was provided. There is also no evidence from an independent expert to support the need for further mould testing.
For this reason, the claim is dismissed.
As the Tenant has substantially successful with their claim, name suppression is granted.

Tenancy Tribunal case 4615558 — Tenancy dispute

At a glance

Tenancy Tribunal case 4615558 — Tenancy dispute

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