What was Tenancy Tribunal case 4634689 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 4634689?

Compensation: $5,500.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

Where can I read the official tribunal order for case 4634689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9506581-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4634689 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 4634689?

Compensation: $5,500.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

Where can I read the official tribunal order for case 4634689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9506581-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4634689 — Leaks

Claims and awards in Tenancy Tribunal application 4634689 — net $5,520.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation for loss of amenity due to leaks	$5,500.00	Compensation for loss of amenity due to leaks
Filing fee reimbursement	$20.44	been substantially successful in their claim I must reimburse the filing fee of $20.44. The tenants are also entitled to name suppression pursuant to Section 9…
Net award	$5,520.44
Total payable by Landlord to Tenant	$5,520.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants’ name and identifying details.
must pay immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing. Ms Zhang appeared and confirmed that she had authority to represent her husband, [name]. Mr Farmer appeared for the landlord.
This claim concerns the tenancy of a four bedroom home in Remuera that began on 23 April 2022 and is ongoing.
The tenants claim that the landlord has breached their obligations under section 45(1)(b) of the Residential Tenancies Act 1986 (“RTA”) as there have been ongoing leaks during the tenancy. Section 45(1)(b) states that:
The tenants seek work orders for the repair of the leaks, together with compensation as set out in more detail below.
This is a claim by the tenants and so they bear the onus of proving their clam to the civil standard, that is, on the balance of probabilities.
For the sake of brevity I have not referred to all of the evidence filed in this matter but the parties should be aware that I have carefully considered all of the evidence and the parties’ submissions made during the hearings. The tenants’ position
The tenants say that leaks began by the front door and stairwell in July 2022, flowing down the wall and wetting the carpet.
The tenants produced copies of text messages with the various property managers advising of the leaks from 9 July 2022 and in August, November and December 2022, together with various photos and a video. The photos show dark marks running down the wall.
The tenants say that leaks also began in the windows of the upstairs living room/activity room in November 2022. I was told that there is dripping around the window frames to such an extent that the tenants have to get up during the night if it rains to put containers under the leaks, and have to monitor them during the night.
The tenants produced correspondence with Ms Carson dated 21 February 2023 in which they expressed concern at the ongoing leaks and noting that the leaking was causing damp and mould in the house and impacting on the family’s health.
On 29 March 2023 the tenants sent a Notice to Remedy to the landlord asking them to fix the leaks by 5 April 2023 or they would apply to the Tribunal for orders. The tenants say that the landlord has not fixed the leaks and that they are ongoing.
The tenants seek a refund of rent in the amount of $8,900, being $100 per week from July 2022 to November 2022 and a $200 rent reduction from December 2022 until the leaks are fixed. They say that the house has been damp, they have had to run a dehumidifier, and have had to live with the ongoing disturbance of tradespeople coming and going without any resolution to date. The landlord’s position
The landlord says that the owner had only purchased the property shortly before the tenancy began and intended to do substantial renovations once consents were obtained.
The landlord says that the two leaks have very different causes and solutions. They say that when the first leak occurred a handyman was engaged to silicone around the windows and has been back several times to try to remedy the problem. The landlord acknowledges that the second leak has much more difficult to fix and is the subject of an insurance claim. In March 2023, following Cyclone Gabrielle, a plastic cover of approximately 20 – 30 metres was placed over the roof pending more permanent repairs. I was told that this has not completely eliminated the leaks in the activity room but that the leaking has improved in that area.
At the date of the hearing I was advised that two rent reductions had been finally agreed (admittedly after some difficulty), so the rent has been gradually reduced as follows: a. $1,100 per week from the start of the tenancy on 23 April 2022; b. $1,000 per week from 18 February 2023; and c. $700 per week from 22 July 2023.
The landlord filed in evidence a copy of the rent summary for the tenancy confirming the rent reductions as set out above. I note that the rent reduction to $700 was implemented three days after this claim was filed.

Is the landlord in breach of their obligations?

The landlord is clearly in breach of their obligation to provide and maintain the property in a reasonable state of repair. The tenants have endured leaks for well over a year and the leaks are continuing.
The tenants are in a difficult position as they have enrolled their children at the local school and do not want to have to move. They want the leaks repaired.
Having heard from the landlord as to the difficulty in effecting repairs, which are underway and the subject of an insurance claim, I do not consider that there is any utility in making work orders for the repair of the leaks.
In my view however the tenants are entitled to a continuing rent reduction until the leaks are repaired together with some additional compensation for the loss of amenity they have suffered during the tenancy.
It is difficult to be precise when considering compensation for loss of amenity due to leaking. On one hand, the leaks are intermittent (in the sense that they only occur when it is raining) and in areas that do not affect daily living to a high degree (the front door, landing and upstairs activity room). On the other hand, the tenants have had to deal with the effects of dampness and mould and the ongoing stress of dealing with leaks with no reassurance as to when the issues will be fixed.
Having considered the entire rental period, the period of leaking, the size of the home and the areas affected by leaking, the correspondence between the parties, the effect on the tenants and the agreed rent reductions, I consider additional compensation of $5,500 to be appropriate.
I have not made any orders regarding the continuing rent reduction currently in place as the parties independently reached agreement on that rent reduction (being $700 from 22 July 2023). The parties will be able to adjust the rent accordingly as repairs proceed. Name suppression and filing fee
As the tenants have been substantially successful in their claim I must reimburse the filing fee of $20.44. The tenants are also entitled to name suppression pursuant to Section 95A RTA.

Claims and awards in Tenancy Tribunal application 4634689 — net $5,520.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation for loss of amenity due to leaks	$5,500.00	Compensation for loss of amenity due to leaks
Filing fee reimbursement	$20.44	been substantially successful in their claim I must reimburse the filing fee of $20.44. The tenants are also entitled to name suppression pursuant to Section 9…
Net award	$5,520.44
Total payable by Landlord to Tenant	$5,520.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants’ name and identifying details.
must pay immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing. Ms Zhang appeared and confirmed that she had authority to represent her husband, [name]. Mr Farmer appeared for the landlord.
This claim concerns the tenancy of a four bedroom home in Remuera that began on 23 April 2022 and is ongoing.
The tenants claim that the landlord has breached their obligations under section 45(1)(b) of the Residential Tenancies Act 1986 (“RTA”) as there have been ongoing leaks during the tenancy. Section 45(1)(b) states that:
The tenants seek work orders for the repair of the leaks, together with compensation as set out in more detail below.
This is a claim by the tenants and so they bear the onus of proving their clam to the civil standard, that is, on the balance of probabilities.
For the sake of brevity I have not referred to all of the evidence filed in this matter but the parties should be aware that I have carefully considered all of the evidence and the parties’ submissions made during the hearings. The tenants’ position
The tenants say that leaks began by the front door and stairwell in July 2022, flowing down the wall and wetting the carpet.
The tenants produced copies of text messages with the various property managers advising of the leaks from 9 July 2022 and in August, November and December 2022, together with various photos and a video. The photos show dark marks running down the wall.
The tenants say that leaks also began in the windows of the upstairs living room/activity room in November 2022. I was told that there is dripping around the window frames to such an extent that the tenants have to get up during the night if it rains to put containers under the leaks, and have to monitor them during the night.
The tenants produced correspondence with Ms Carson dated 21 February 2023 in which they expressed concern at the ongoing leaks and noting that the leaking was causing damp and mould in the house and impacting on the family’s health.
On 29 March 2023 the tenants sent a Notice to Remedy to the landlord asking them to fix the leaks by 5 April 2023 or they would apply to the Tribunal for orders. The tenants say that the landlord has not fixed the leaks and that they are ongoing.
The tenants seek a refund of rent in the amount of $8,900, being $100 per week from July 2022 to November 2022 and a $200 rent reduction from December 2022 until the leaks are fixed. They say that the house has been damp, they have had to run a dehumidifier, and have had to live with the ongoing disturbance of tradespeople coming and going without any resolution to date. The landlord’s position
The landlord says that the owner had only purchased the property shortly before the tenancy began and intended to do substantial renovations once consents were obtained.
The landlord says that the two leaks have very different causes and solutions. They say that when the first leak occurred a handyman was engaged to silicone around the windows and has been back several times to try to remedy the problem. The landlord acknowledges that the second leak has much more difficult to fix and is the subject of an insurance claim. In March 2023, following Cyclone Gabrielle, a plastic cover of approximately 20 – 30 metres was placed over the roof pending more permanent repairs. I was told that this has not completely eliminated the leaks in the activity room but that the leaking has improved in that area.
At the date of the hearing I was advised that two rent reductions had been finally agreed (admittedly after some difficulty), so the rent has been gradually reduced as follows: a. $1,100 per week from the start of the tenancy on 23 April 2022; b. $1,000 per week from 18 February 2023; and c. $700 per week from 22 July 2023.
The landlord filed in evidence a copy of the rent summary for the tenancy confirming the rent reductions as set out above. I note that the rent reduction to $700 was implemented three days after this claim was filed.

Is the landlord in breach of their obligations?

The landlord is clearly in breach of their obligation to provide and maintain the property in a reasonable state of repair. The tenants have endured leaks for well over a year and the leaks are continuing.
The tenants are in a difficult position as they have enrolled their children at the local school and do not want to have to move. They want the leaks repaired.
Having heard from the landlord as to the difficulty in effecting repairs, which are underway and the subject of an insurance claim, I do not consider that there is any utility in making work orders for the repair of the leaks.
In my view however the tenants are entitled to a continuing rent reduction until the leaks are repaired together with some additional compensation for the loss of amenity they have suffered during the tenancy.
It is difficult to be precise when considering compensation for loss of amenity due to leaking. On one hand, the leaks are intermittent (in the sense that they only occur when it is raining) and in areas that do not affect daily living to a high degree (the front door, landing and upstairs activity room). On the other hand, the tenants have had to deal with the effects of dampness and mould and the ongoing stress of dealing with leaks with no reassurance as to when the issues will be fixed.
Having considered the entire rental period, the period of leaking, the size of the home and the areas affected by leaking, the correspondence between the parties, the effect on the tenants and the agreed rent reductions, I consider additional compensation of $5,500 to be appropriate.
I have not made any orders regarding the continuing rent reduction currently in place as the parties independently reached agreement on that rent reduction (being $700 from 22 July 2023). The parties will be able to adjust the rent accordingly as repairs proceed. Name suppression and filing fee
As the tenants have been substantially successful in their claim I must reimburse the filing fee of $20.44. The tenants are also entitled to name suppression pursuant to Section 95A RTA.

Tenancy Tribunal case 4634689 — Leaks

At a glance

Tenancy Tribunal case 4634689 — Leaks

At a glance

Award balance

Claims & awards

Order

Reasons

Is the landlord in breach of their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the landlord in breach of their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions