How much money was awarded in case 4631049?

Lord Fails To Comply With Order 2, T…: $800.00 awarded to landlord

What type of tenancy dispute was case 4631049?

The primary dispute was Mould & damp. Related themes: Smoke alarms, Healthy homes.

Where can I read the official tribunal order for case 4631049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9540679-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4631049?

Lord Fails To Comply With Order 2, T…: $800.00 awarded to landlord

What type of tenancy dispute was case 4631049?

The primary dispute was Mould & damp. Related themes: Smoke alarms, Healthy homes.

Where can I read the official tribunal order for case 4631049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9540679-Tribunal_Order_Redacted.pdf.

45 Waiatarua Road, Remuera, Auckland 1050 Tenancy Tribunal Case 4631049 — Mould & damp

Q: What was Tenancy Tribunal case 4631049 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4631049. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
lord fails to comply with Order 2, then the tenant may undertake the work and charge the landlord the costs of this work	$800.00		lord fails to comply with Order 2, then the tenant may undertake the work and charge the landlord the costs of this work

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

By consent, the landlord must carry out the following work to the premises, which must be completed by 31 October 2023: a. Replace the glass in three broken windows b. Repair broken window latches c. Repair any draughts from windows and doors d. Contract a pest control company to investigate and if necessary, employ an ongoing pest management regime

If the landlord fails to comply with Order 2, then the tenant may undertake the work and charge the landlord the costs of this work up to $800.00. These costs may be set off against rent payable.

Reasons

Both parties attended the hearing.

The tenant claims that the landlord did not carry out maintenance to the premises or investigate the pest issues. The tenant wants the problem fixed.

Under section 45(1)(a) - (ca) Residential Tenancies Act 1986, 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) Residential Tenancies Act 1986.

If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order. This provision does not apply to any work order, or part of a work order, in relation to smoke alarms, insulation, a failure to comply with a standard of fitness under section 120C Health Act 1956, or a failure to comply with any health or safety legislative requirement. See sections 78(2) and 78(2AA) Residential Tenancies Act 1986.

A work order may also authorise the tenant to undertake the work and charge the landlord the costs of doing the work if the landlord should 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) Residential Tenancies Act 1986.

Has the landlord failed to comply with their obligations?

The tenant produced photographs showing that there were issues with three windows at the tenancy. Two were cracked and one had a hole. The landlord had an invoice stating that the window with a hole, which is in the garage, was bordered up. The tenant says that this did not happen, and she would like the glass repaired.

The tenant’s evidence is that there are rats and Argentine ants at the premises. The landlord did not believe her because he said he saw no evidence of this. The tenant states that the previous Property Manager had a pest management programme in place. I accept the evidence of the tenant. The landlord needs to address the pest issue at the premises.

The tenant produced photographs showing broken window latches and unreasonable gaps in the windows. These issues need to be repaired.

The parties agreed that the tenant could employ a registered plumber to investigate the issue of the dripping taps in the bathroom and the kitchen. The landlord has an invoice stating that this issue was repaired but the tenant’s evidence is that it was not. If there is no issue, then the tenant will bear the cost of the plumber. If there is an issue, then the landlord will meet the cost of the plumber.

The tenant also complained about mould in the bathroom and toilet. The photographs produced did not clearly show the mould. There was flaking and cracked paint work which may be due to the mould.

The landlord’s evidence is that investigations have been carried out to look at any possible cause for the mould. In addition, the landlord employed a contractor to clean the mould.

I don’t consider that it is necessary at this stage for a work order to be made in relation to the mould, however it would be prudent for the landlord to monitor the mould situation because if it continues or worsens it will impact on both the tenant and the premises.

Claims and awards in Tenancy Tribunal application 4631049. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
lord fails to comply with Order 2, then the tenant may undertake the work and charge the landlord the costs of this work	$800.00		lord fails to comply with Order 2, then the tenant may undertake the work and charge the landlord the costs of this work

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
By consent, the landlord must carry out the following work to the premises, which must be completed by 31 October 2023: a. Replace the glass in three broken windows b. Repair broken window latches c. Repair any draughts from windows and doors d. Contract a pest control company to investigate and if necessary, employ an ongoing pest management regime
If the landlord fails to comply with Order 2, then the tenant may undertake the work and charge the landlord the costs of this work up to $800.00. These costs may be set off against rent payable.

Reasons

Both parties attended the hearing.
The tenant claims that the landlord did not carry out maintenance to the premises or investigate the pest issues. The tenant wants the problem fixed.
Under section 45(1)(a) - (ca) Residential Tenancies Act 1986, 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) Residential Tenancies Act 1986.
If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order. This provision does not apply to any work order, or part of a work order, in relation to smoke alarms, insulation, a failure to comply with a standard of fitness under section 120C Health Act 1956, or a failure to comply with any health or safety legislative requirement. See sections 78(2) and 78(2AA) Residential Tenancies Act 1986.
A work order may also authorise the tenant to undertake the work and charge the landlord the costs of doing the work if the landlord should 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) Residential Tenancies Act 1986.

Has the landlord failed to comply with their obligations?

The tenant produced photographs showing that there were issues with three windows at the tenancy. Two were cracked and one had a hole. The landlord had an invoice stating that the window with a hole, which is in the garage, was bordered up. The tenant says that this did not happen, and she would like the glass repaired.
The tenant’s evidence is that there are rats and Argentine ants at the premises. The landlord did not believe her because he said he saw no evidence of this. The tenant states that the previous Property Manager had a pest management programme in place. I accept the evidence of the tenant. The landlord needs to address the pest issue at the premises.
The tenant produced photographs showing broken window latches and unreasonable gaps in the windows. These issues need to be repaired.
The parties agreed that the tenant could employ a registered plumber to investigate the issue of the dripping taps in the bathroom and the kitchen. The landlord has an invoice stating that this issue was repaired but the tenant’s evidence is that it was not. If there is no issue, then the tenant will bear the cost of the plumber. If there is an issue, then the landlord will meet the cost of the plumber.
The tenant also complained about mould in the bathroom and toilet. The photographs produced did not clearly show the mould. There was flaking and cracked paint work which may be due to the mould.
The landlord’s evidence is that investigations have been carried out to look at any possible cause for the mould. In addition, the landlord employed a contractor to clean the mould.
I don’t consider that it is necessary at this stage for a work order to be made in relation to the mould, however it would be prudent for the landlord to monitor the mould situation because if it continues or worsens it will impact on both the tenant and the premises.

Tenancy Tribunal case 4631049 — Mould & damp at 45 Waiatarua Road, Remuera, Auckland 1050

At a glance

Tenancy Tribunal case 4631049 — Mould & damp at 45 Waiatarua Road, Remuera, Auckland 1050

At a glance

Claims & awards

Order

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions