What was Tenancy Tribunal case 4621151 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 4621151?

Compensation: Heat Pump Issue: $900.00 awarded to tenant; Compensation: HHS Assessment Report: $148.35 awarded to tenant; Compensation: Temporary accommodatio…: $500.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4621151?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4621151?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9529713-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4621151 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 4621151?

Compensation: Heat Pump Issue: $900.00 awarded to tenant; Compensation: HHS Assessment Report: $148.35 awarded to tenant; Compensation: Temporary accommodatio…: $500.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4621151?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4621151?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9529713-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4621151 — Healthy homes

Claims and awards in Tenancy Tribunal application 4621151 — net $1,568.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Temporary accommodation	$500.00	Temporary accommodation
Compensation: Heat pump issue	$900.00	Heat pump issue
Compensation: HHS assessment report	$148.35	HHS assessment report
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,568.79
Total payable by Landlord to Tenant	$1,568.79

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details of both parties.
The landlord must carry out the following work to the premises, which must be completed by Friday 27 th October 2023: a. Deep cleaning of the mould in the bathroom; and b. Repainting of the bathroom ceiling as necessary.
If the landlord fails to comply with the Order 2 above, then the tenant may undertake the work and charge the landlord the costs of this work up to $2,000.00. These costs may be set off against rent payable.
[The landlord/s] must pay [The tenant/s] $1,568.79 immediately, calculated as shown in table below. This can be paid by way of a rent credit.

Reasons

Both parties attended the hearing on 10 th October 2023.
The tenant made an application on 4 th July 2023 for work orders, Healthy Homes Standards (“HHS”) issues, compensation and exemplary damages, and refund of the filing fee.
By the time of the hearing, many of the issues raised by the tenant had been addressed.
Outstanding matters for the hearing were: a. Compensation for accommodation due to the premises becoming uninhabitable for 5 days due to a burst water cylinder; b. Compensation for heat pumps not working between March and August 2023; c. Compensation for HHS assessment report; and d. Work order for mould in the bathroom. Compensation for accommodation
The water cylinder had burst resulting in the tenant having to be relocated for 5 days due to the carpets needing professional cleaning.
Although at the time of the application the tenant had no compensation or rent reduction, the parties confirmed at the hearing that the tenant was given a rent relief for the 5 days since.
The landlord had previously asked the tenant for the hotel receipt so that it could be forwarded on to the insurance company for reimbursement but the tenant had not sent the receipt to the landlord.
At the hearing, the tenant confirmed that she was willing to settle for $500.00 compensation. The landlord had no objection to that.
It is noted that the hotel the tenant stayed in at the time was the Sky City Hotel and was probably more expensive than $500.00.
For the purposes of the hearing, as the tenant was willing to settle for $500.00, I order the landlord to pay the tenant $500.00 for compensation for her temporary accommodation. Compensation for heat pump not working
At the hearing, the tenant proved that the heat pump had not been working from mid-March to August 2023.
As the heat pump was new, the landlord was covered under warranty but due to delays with parts from the heat pump provider, the tenant had to spend the winter without a working heat pump.
The tenant had to use 2 oil heaters as replacement and provided electricity bills to prove the high usage as a result.
Taking into account the higher usage, the inconvenience of having the heat pump attended to numerous times and for not being provided with a working heat pump, I order the landlord to compensate the tenant $900.00. Compensation for HHS assessment report
Regarding the HHS, the landlord had confirmation that the premises was HHS compliant at the beginning of the tenancy in early 2022.
During the tenancy, the tenant suspected that the premises was no longer compliant with HHS and commissioned an HHS report of her own. That report found that the premises was no longer HHS compliant.
The landlord then did the work necessary to make the premises HHS compliant again. Fortunately, by the time of the hearing, the premises had become HHS compliant once again.
As the tenant had to commission an HHS report to have the premises looked at for HHS and maintenance issues again properly, I order the landlord to reimburse the cost of the HHS assessment report of $148.35 to the tenant. Work order for bathroom mould
The tenant also proved that there was an issue with mould in the bathroom.
The parties suspected that it could be due to the bathroom extractor fan being too far from the shower in the bathroom.
The landlord was looking at possibly installing a shower dome to assist with the situation.
The bathroom ceiling was already affected by the mould and the tenant wanted the mould situation to be fixed.
Under section 45(1) Residential Tenancies Act 1986 (“RTA”), the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements.
Where the Tribunal finds the landlord has failed to comply with any of these obligations, it may make an order for the landlord to carry out the work. See section 78(1)(e) RTA.
A work order may also authorise the tenant to undertake the work and charge the landlord the costs of doing the work, should the landlord fail to comply with the work order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be set off by the tenant against rent payable. See sections 78(2AAB) and 78(2AAC)(b) RTA.
I find that the landlord has failed to maintain the bathroom and I order the landlord to deep clean the mould in the bathroom and repaint the bathroom ceiling as necessary by Friday 27 th October 2023.
If the landlord fails to comply with the work order, then the tenant may undertake the work and charge the landlord the costs of this work up to $2,000.00. These costs may be set off against rent payable.
As this had been agreed by the landlord, I do not make any alternative monetary orders. Filing fee reimbursement
Because the tenant has substantially succeeded with the claim, I order the landlord to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4621151 — net $1,568.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Temporary accommodation	$500.00	Temporary accommodation
Compensation: Heat pump issue	$900.00	Heat pump issue
Compensation: HHS assessment report	$148.35	HHS assessment report
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,568.79
Total payable by Landlord to Tenant	$1,568.79

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details of both parties.
The landlord must carry out the following work to the premises, which must be completed by Friday 27 th October 2023: a. Deep cleaning of the mould in the bathroom; and b. Repainting of the bathroom ceiling as necessary.
If the landlord fails to comply with the Order 2 above, then the tenant may undertake the work and charge the landlord the costs of this work up to $2,000.00. These costs may be set off against rent payable.
[The landlord/s] must pay [The tenant/s] $1,568.79 immediately, calculated as shown in table below. This can be paid by way of a rent credit.

Reasons

Both parties attended the hearing on 10 th October 2023.
The tenant made an application on 4 th July 2023 for work orders, Healthy Homes Standards (“HHS”) issues, compensation and exemplary damages, and refund of the filing fee.
By the time of the hearing, many of the issues raised by the tenant had been addressed.
Outstanding matters for the hearing were: a. Compensation for accommodation due to the premises becoming uninhabitable for 5 days due to a burst water cylinder; b. Compensation for heat pumps not working between March and August 2023; c. Compensation for HHS assessment report; and d. Work order for mould in the bathroom. Compensation for accommodation
The water cylinder had burst resulting in the tenant having to be relocated for 5 days due to the carpets needing professional cleaning.
Although at the time of the application the tenant had no compensation or rent reduction, the parties confirmed at the hearing that the tenant was given a rent relief for the 5 days since.
The landlord had previously asked the tenant for the hotel receipt so that it could be forwarded on to the insurance company for reimbursement but the tenant had not sent the receipt to the landlord.
At the hearing, the tenant confirmed that she was willing to settle for $500.00 compensation. The landlord had no objection to that.
It is noted that the hotel the tenant stayed in at the time was the Sky City Hotel and was probably more expensive than $500.00.
For the purposes of the hearing, as the tenant was willing to settle for $500.00, I order the landlord to pay the tenant $500.00 for compensation for her temporary accommodation. Compensation for heat pump not working
At the hearing, the tenant proved that the heat pump had not been working from mid-March to August 2023.
As the heat pump was new, the landlord was covered under warranty but due to delays with parts from the heat pump provider, the tenant had to spend the winter without a working heat pump.
The tenant had to use 2 oil heaters as replacement and provided electricity bills to prove the high usage as a result.
Taking into account the higher usage, the inconvenience of having the heat pump attended to numerous times and for not being provided with a working heat pump, I order the landlord to compensate the tenant $900.00. Compensation for HHS assessment report
Regarding the HHS, the landlord had confirmation that the premises was HHS compliant at the beginning of the tenancy in early 2022.
During the tenancy, the tenant suspected that the premises was no longer compliant with HHS and commissioned an HHS report of her own. That report found that the premises was no longer HHS compliant.
The landlord then did the work necessary to make the premises HHS compliant again. Fortunately, by the time of the hearing, the premises had become HHS compliant once again.
As the tenant had to commission an HHS report to have the premises looked at for HHS and maintenance issues again properly, I order the landlord to reimburse the cost of the HHS assessment report of $148.35 to the tenant. Work order for bathroom mould
The tenant also proved that there was an issue with mould in the bathroom.
The parties suspected that it could be due to the bathroom extractor fan being too far from the shower in the bathroom.
The landlord was looking at possibly installing a shower dome to assist with the situation.
The bathroom ceiling was already affected by the mould and the tenant wanted the mould situation to be fixed.
Under section 45(1) Residential Tenancies Act 1986 (“RTA”), the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements.
Where the Tribunal finds the landlord has failed to comply with any of these obligations, it may make an order for the landlord to carry out the work. See section 78(1)(e) RTA.
A work order may also authorise the tenant to undertake the work and charge the landlord the costs of doing the work, should the landlord fail to comply with the work order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be set off by the tenant against rent payable. See sections 78(2AAB) and 78(2AAC)(b) RTA.
I find that the landlord has failed to maintain the bathroom and I order the landlord to deep clean the mould in the bathroom and repaint the bathroom ceiling as necessary by Friday 27 th October 2023.
If the landlord fails to comply with the work order, then the tenant may undertake the work and charge the landlord the costs of this work up to $2,000.00. These costs may be set off against rent payable.
As this had been agreed by the landlord, I do not make any alternative monetary orders. Filing fee reimbursement
Because the tenant has substantially succeeded with the claim, I order the landlord to reimburse the filing fee.

Tenancy Tribunal case 4621151 — Healthy homes

At a glance

Tenancy Tribunal case 4621151 — Healthy homes

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