What was Tenancy Tribunal case 4629456 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 4629456?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4629456?

The primary dispute was Mould & damp. Related themes: State of repair.

Where can I read the official tribunal order for case 4629456?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9510578-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4629456 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 4629456?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4629456?

The primary dispute was Mould & damp. Related themes: State of repair.

Where can I read the official tribunal order for case 4629456?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9510578-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4629456 — Mould & damp

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord names and identifying details.
The bathroom in the premise is not in a reasonable state of repair.
The application for work orders is dismissed.

Reasons

The tenant has applied to the Tribunal for an order setting aside a termination notice on the grounds that it was retaliatory and for work orders to fix maintenance issues at the premises.
There have been two hearings. The first was held in person and both parties were represented. The tenant attended with his representatives.
I made an order on 10 August 2023 in which I set aside the termination notice dated 27 June 2023 because it did not give at least 90 days’ notice – it was one day short.
The District Court has told the Tribunal that it has no power to reduce the notice period or to vary a notice of termination unless a landlord applies for the Tribunal’s consent under section 51(7) Residential Tenancies Act 1986 (RTA). See Charan v Barfoot & Thompson Limited, DC Manukau, CIV-2010-092- 002100, 14 June 2010.
I also noted that the notice of termination was not signed as is required by s51(3) RTA.
I adjourned the hearing to allow the landlord to consider whether renovation of the premises could be actioned without terminating the tenancy. The landlord has confirmed that the tenancy must be terminated.
The second hearing was held by phone. Representatives of both parties attended.
I now set out my decisions on the matters discussed. The second notice to terminate the tenancy
The landlord has issued another notice to terminate the tenancy (“the second termination notice”) on the grounds that:- (a) extensive alterations, refurbishment, repairs, or redevelopment of the premises are to be carried out by the landlord or owner, and— (i) it would not be reasonably practicable for the tenant to remain in occupation while the work is undertaken; and (ii) the work is to begin, or material steps towards it are to be taken, within 90 days after the termination date.
This is one of the permitted reasons for a landlord to give a tenant notice to terminate a tenancy. It is found in section 51(2)(f) Residential Tenancies Act 1986 (RTA).
The second termination notice was emailed to the tenant at his email address for service on 22 August 2023 at 4:59pm.
The tenant’s representative said in the hearing that she wants the Tribunal to decide whether the second termination notice is retaliatory. She agreed that she had not communicated this to the Tribunal or to the landlord before now. It was her understanding that a review of the second termination notice would happen as a matter of course because these proceedings are still underway.
I made an oral decision in the second hearing that I could not consider an application to set aside the second termination notice because insufficient time had been allocated and because the landlord was not aware that the issue might be decided.
I confirm that the tenant must make a new application to the Tribunal if he wishes to challenge the second termination notice. Work orders
This application seeks work orders requiring the landlord to:- a. Repair mould and rot in the bathroom including removing a mouldy bathroom cabinet, repainting the ceiling, replacing the bath and shower and surrounding walls, and b. Repair and repaint mouldy and peeling paint in the lounge and bedroom especially the ceilings, c. Repaint windowsills in the house.
Under section 45(1)(b) RTA, a landlord has an obligation to maintain premises in a reasonable state of repair having regard to their age and character.
The Tribunal may make an order for a landlord to carry out maintenance work if it considers that the landlord has breached its obligations; s78(1)(e) RTA.
I decided in my first order that the bathroom is not in a reasonable state of repair. This is a breach of s45(1)(b) RTA. I have made this declaration today.
However, I have decided that I will not make work orders. This is because:- a. the evidence satisfies me that extensive work is needed to fix the bathroom and that the full extent of this cannot be known until the work is underway. I am not comfortable making an order when the full extent of the work is not known. This is too uncertain. b. the tenant’s position is that he could remain living at the premises while work to the bathroom and ceilings in the bedroom and lounge is done or, alternatively, could move out temporarily. I do not agree that this is practical. It is probable that any work in the bathroom will reveal internal mould or damage meaning that the wall or ceiling or both need to be replaced. 1 This will affect the kitchen next door. Work affecting a kitchen and a bathroom is significant and can take several weeks. c. the landlord has shown that other units in this multi-unit complex are being extensively renovated, that this work includes some changes to the configuration of walls, and can require replacement of ceilings, wall linings, all carpet and vinyl flooring, and full replacement of kitchen and bathroom fittings, and that the work usually takes between 6 to 8 weeks. I accept that the landlord intends to extensively renovate these premises in the same way. d. it does not make good economic sense for the Tribunal to make work orders which would require the landlord to do repair work to the bathroom, or to the ceiling and walls in the lounge and bedroom, in a short-term or piecemeal way. If the landlord is planning a full renovation, then it has the right to do this. 1 The photographs show that there are already holes through the bath/shower surrounds into the wall cavity.
The application for work orders is dismissed.
I do not award the filing fee.
The Tribunal may, on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
I order suppression of both parties’ names and of the tenancy address. My reasons for this are that the landlord has been substantially successful in defending the application for work orders and that the tenant is a vulnerable person requiring assistance with his living situation and that the concerns raised on his behalf are genuine. Any public interest is in the subject matter of the application rather than in the identity of the parties.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord names and identifying details.
The bathroom in the premise is not in a reasonable state of repair.
The application for work orders is dismissed.

Reasons

The tenant has applied to the Tribunal for an order setting aside a termination notice on the grounds that it was retaliatory and for work orders to fix maintenance issues at the premises.
There have been two hearings. The first was held in person and both parties were represented. The tenant attended with his representatives.
I made an order on 10 August 2023 in which I set aside the termination notice dated 27 June 2023 because it did not give at least 90 days’ notice – it was one day short.
The District Court has told the Tribunal that it has no power to reduce the notice period or to vary a notice of termination unless a landlord applies for the Tribunal’s consent under section 51(7) Residential Tenancies Act 1986 (RTA). See Charan v Barfoot & Thompson Limited, DC Manukau, CIV-2010-092- 002100, 14 June 2010.
I also noted that the notice of termination was not signed as is required by s51(3) RTA.
I adjourned the hearing to allow the landlord to consider whether renovation of the premises could be actioned without terminating the tenancy. The landlord has confirmed that the tenancy must be terminated.
The second hearing was held by phone. Representatives of both parties attended.
I now set out my decisions on the matters discussed. The second notice to terminate the tenancy
The landlord has issued another notice to terminate the tenancy (“the second termination notice”) on the grounds that:- (a) extensive alterations, refurbishment, repairs, or redevelopment of the premises are to be carried out by the landlord or owner, and— (i) it would not be reasonably practicable for the tenant to remain in occupation while the work is undertaken; and (ii) the work is to begin, or material steps towards it are to be taken, within 90 days after the termination date.
This is one of the permitted reasons for a landlord to give a tenant notice to terminate a tenancy. It is found in section 51(2)(f) Residential Tenancies Act 1986 (RTA).
The second termination notice was emailed to the tenant at his email address for service on 22 August 2023 at 4:59pm.
The tenant’s representative said in the hearing that she wants the Tribunal to decide whether the second termination notice is retaliatory. She agreed that she had not communicated this to the Tribunal or to the landlord before now. It was her understanding that a review of the second termination notice would happen as a matter of course because these proceedings are still underway.
I made an oral decision in the second hearing that I could not consider an application to set aside the second termination notice because insufficient time had been allocated and because the landlord was not aware that the issue might be decided.
I confirm that the tenant must make a new application to the Tribunal if he wishes to challenge the second termination notice. Work orders
This application seeks work orders requiring the landlord to:- a. Repair mould and rot in the bathroom including removing a mouldy bathroom cabinet, repainting the ceiling, replacing the bath and shower and surrounding walls, and b. Repair and repaint mouldy and peeling paint in the lounge and bedroom especially the ceilings, c. Repaint windowsills in the house.
Under section 45(1)(b) RTA, a landlord has an obligation to maintain premises in a reasonable state of repair having regard to their age and character.
The Tribunal may make an order for a landlord to carry out maintenance work if it considers that the landlord has breached its obligations; s78(1)(e) RTA.
I decided in my first order that the bathroom is not in a reasonable state of repair. This is a breach of s45(1)(b) RTA. I have made this declaration today.
However, I have decided that I will not make work orders. This is because:- a. the evidence satisfies me that extensive work is needed to fix the bathroom and that the full extent of this cannot be known until the work is underway. I am not comfortable making an order when the full extent of the work is not known. This is too uncertain. b. the tenant’s position is that he could remain living at the premises while work to the bathroom and ceilings in the bedroom and lounge is done or, alternatively, could move out temporarily. I do not agree that this is practical. It is probable that any work in the bathroom will reveal internal mould or damage meaning that the wall or ceiling or both need to be replaced. 1 This will affect the kitchen next door. Work affecting a kitchen and a bathroom is significant and can take several weeks. c. the landlord has shown that other units in this multi-unit complex are being extensively renovated, that this work includes some changes to the configuration of walls, and can require replacement of ceilings, wall linings, all carpet and vinyl flooring, and full replacement of kitchen and bathroom fittings, and that the work usually takes between 6 to 8 weeks. I accept that the landlord intends to extensively renovate these premises in the same way. d. it does not make good economic sense for the Tribunal to make work orders which would require the landlord to do repair work to the bathroom, or to the ceiling and walls in the lounge and bedroom, in a short-term or piecemeal way. If the landlord is planning a full renovation, then it has the right to do this. 1 The photographs show that there are already holes through the bath/shower surrounds into the wall cavity.
The application for work orders is dismissed.
I do not award the filing fee.
The Tribunal may, on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
I order suppression of both parties’ names and of the tenancy address. My reasons for this are that the landlord has been substantially successful in defending the application for work orders and that the tenant is a vulnerable person requiring assistance with his living situation and that the concerns raised on his behalf are genuine. Any public interest is in the subject matter of the application rather than in the identity of the parties.

Tenancy Tribunal case 4629456 — Mould & damp

At a glance

Tenancy Tribunal case 4629456 — Mould & damp

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions