What was Tenancy Tribunal case 4628961 about?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4628961?

Compensation: Loss of use of bathroo…: $3,800.00 awarded to tenant; Rent Arrears: $1,457.15 awarded to landlord; Rock Removal: $450.00 awarded to landlord

What type of tenancy dispute was case 4628961?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4628961?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9848705-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4628961 about?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4628961?

Compensation: Loss of use of bathroo…: $3,800.00 awarded to tenant; Rent Arrears: $1,457.15 awarded to landlord; Rock Removal: $450.00 awarded to landlord

What type of tenancy dispute was case 4628961?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4628961?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9848705-Tenancy_Tribunal_Order.pdf.

19 Kennedys Road, Whenuapai, Auckland 0814 Tenancy Tribunal Case 4628961 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4628961 — net $1,892.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 12/07/2023	$1,457.15		Rent arrears to 12/07/2023
Rock removal	$450.00		Rock removal
Compensation: Loss of use of bathroom		$3,800.00	Loss of use of bathroom
Total award	$1,907.15	$3,800.00
Net award		$1,892.85
Total payable by Landlord to Tenant		$1,892.85

Both parties attended the hearing.

The tenant applied for compensation for loss of use, exemplary damages for failing to maintain the premises and reimbursement of the filing fee.

The landlord made a cross-application for rent arrears, compensation and reimbursement of the filing fee. Tenant’s application

The tenant claimed that the downstairs bathroom could not be used for 2 months during the tenancy. Internal bubbling was first noticed in September 2022 and was photographed and sent to the property manager. A plumber came but no further action was taken.

Since then, water ran down the walls and onto the floor downstairs every time it rained. The bubbling became much worse.

In May 2023, power shorted when one of the tenant’s children turned on the bathroom light. Once the power was restored, the tenants found that the water was running directly into the light bulb. Again, this was photographed and the landlord was made aware of the issue.

On 29 th May 2023, the entire bathroom ceiling collapsed. The tenant tried to contact the property manager over 20 times but did not succeed immediately.

The flooding continued for over 24 hours before the property manager finally arranged for a plumber to come.

The landlord agreed to pay $3,800.00 as compensation for this issue. It is to be noted that the tenant had previously made an application to the Tribunal which the tenant withdrew on the basis of the agreed compensation.

However, the landlord reneged on this offer and no payment had been made by the time of this hearing.

At the hearing, the landlord confirmed that the owner had agreed to pay the amount as previously discussed.

Although the tenant wanted extra compensation due to the delay and stress of having to bring the matter again to the Tribunal, I find no basis for increasing the agreed amount due to the loss of use being the same.

I do not find that the failure to maintain was intentional by the landlord and therefore do not award any exemplary damages.

Therefore, as agreed between the parties previously, I order the landlord to pay the tenant $3,800.00 as compensation for the loss of use of the bathroom. Landlord’s cross-application

The landlord sought rent arrears of $1,457.15. There was evidence of the tenant having accepted this amount previously.

The landlord also sought $690.00 for moving rocks that had been moved by the tenant from their original position.

The tenant accepted that they had been moved as a result of the tenant having some grass cut. The tenant accepted that the rocks had not been moved back to their original position.

However, the tenant said that $690.00 was too expensive to have the rocks moved and said that they had been quoted $300.00 in the past verbally.

The tenant said that they offered to move it but the landlord did not give them the opportunity to do so.

Having seen the photos and having heard from both parties, I find $450.00 to be a reasonable amount in having the rocks moved.

I therefore order the tenant to pay the landlord $1,457.15 for rent arrears and $450.00 for having the rocks moved.

No orders are made in relation to the reimbursement of the filing fees.

Claims and awards in Tenancy Tribunal application 4628961 — net $1,892.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 12/07/2023	$1,457.15		Rent arrears to 12/07/2023
Rock removal	$450.00		Rock removal
Compensation: Loss of use of bathroom		$3,800.00	Loss of use of bathroom
Total award	$1,907.15	$3,800.00
Net award		$1,892.85
Total payable by Landlord to Tenant		$1,892.85

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Bayleys Real Estate Limited Acting Agent For Kennedys 2020 Limited must pay [The tenant/s] and [The tenant/s] $1,892.85 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The tenant applied for compensation for loss of use, exemplary damages for failing to maintain the premises and reimbursement of the filing fee.
The landlord made a cross-application for rent arrears, compensation and reimbursement of the filing fee. Tenant’s application
The tenant claimed that the downstairs bathroom could not be used for 2 months during the tenancy. Internal bubbling was first noticed in September 2022 and was photographed and sent to the property manager. A plumber came but no further action was taken.
Since then, water ran down the walls and onto the floor downstairs every time it rained. The bubbling became much worse.
In May 2023, power shorted when one of the tenant’s children turned on the bathroom light. Once the power was restored, the tenants found that the water was running directly into the light bulb. Again, this was photographed and the landlord was made aware of the issue.
On 29 th May 2023, the entire bathroom ceiling collapsed. The tenant tried to contact the property manager over 20 times but did not succeed immediately.
The flooding continued for over 24 hours before the property manager finally arranged for a plumber to come.
The landlord agreed to pay $3,800.00 as compensation for this issue. It is to be noted that the tenant had previously made an application to the Tribunal which the tenant withdrew on the basis of the agreed compensation.
However, the landlord reneged on this offer and no payment had been made by the time of this hearing.
At the hearing, the landlord confirmed that the owner had agreed to pay the amount as previously discussed.
Although the tenant wanted extra compensation due to the delay and stress of having to bring the matter again to the Tribunal, I find no basis for increasing the agreed amount due to the loss of use being the same.
I do not find that the failure to maintain was intentional by the landlord and therefore do not award any exemplary damages.
Therefore, as agreed between the parties previously, I order the landlord to pay the tenant $3,800.00 as compensation for the loss of use of the bathroom. Landlord’s cross-application
The landlord sought rent arrears of $1,457.15. There was evidence of the tenant having accepted this amount previously.
The landlord also sought $690.00 for moving rocks that had been moved by the tenant from their original position.
The tenant accepted that they had been moved as a result of the tenant having some grass cut. The tenant accepted that the rocks had not been moved back to their original position.
However, the tenant said that $690.00 was too expensive to have the rocks moved and said that they had been quoted $300.00 in the past verbally.
The tenant said that they offered to move it but the landlord did not give them the opportunity to do so.
Having seen the photos and having heard from both parties, I find $450.00 to be a reasonable amount in having the rocks moved.
I therefore order the tenant to pay the landlord $1,457.15 for rent arrears and $450.00 for having the rocks moved.
No orders are made in relation to the reimbursement of the filing fees.

Tenancy Tribunal case 4628961 — Rent arrears at 19 Kennedys Road, Whenuapai, Auckland 0814

At a glance

Tenancy Tribunal case 4628961 — Rent arrears at 19 Kennedys Road, Whenuapai, Auckland 0814

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions