What was Tenancy Tribunal case 4635776 about?

The tribunal order states: The landlord must carry out the following work to the premises, which must be

How much money was awarded in case 4635776?

Compensation: Loss Of Amenity: $5,000.00 awarded to tenant; Rent Arrears: $4,015.93 awarded to landlord

What type of tenancy dispute was case 4635776?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4635776?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9737527-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4635776 about?

The tribunal order states: The landlord must carry out the following work to the premises, which must be

How much money was awarded in case 4635776?

Compensation: Loss Of Amenity: $5,000.00 awarded to tenant; Rent Arrears: $4,015.93 awarded to landlord

What type of tenancy dispute was case 4635776?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4635776?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9737527-Tribunal_Order_Redacted.pdf.

Unit/Flat 2, 70A Pah Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4635776 — Rent arrears

Claims and awards in Tenancy Tribunal application 4635776 — net $984.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$4,015.93		Rent arrears
Compensation: Loss of amenity		$5,000.00	Loss of amenity
Total award	$4,015.93	$5,000.00
Net award		$984.07
Total payable by Landlord to Tenant		$984.07

Order

The landlord must carry out the following work to the premises, which must be completed by 18 December 2023: a. Employ a registered plumber to investigate the water supply issues and carry out repairs; b. Employ a registered plumber to investigate the cause of leaking and mould and carry out repairs; c. Repair the hole in the laundry wall; and d. Install adequate heating in the lounge.
As an alternative to compliance with Order 2, the landlord must pay the tenant $1,000.00 immediately.
If the landlord fails to comply with either Order 2 or 3 above, then the tenant may undertake the work and charge the landlord the costs of this work up to $3,500.00. These costs may be set off against rent payable.
The landlord’s application for termination is dismissed.

Reasons

Both parties attended the hearing.
This matter had been heard on 22 June 2023, but the tenant did not attend the hearing and filed an application for rehearing. The Tribunal granted the application for rehearing and proceedings were stayed on 27 June 2023.
On 20 July 2023 the tenant filed a cross application.
Today’s hearing is to consider the rehearing and the tenant’s cross application. Landlord application
The landlord applies for rent arrears of $4,015.00 for the period up to the date of hearing and termination of the tenancy.
During the hearing it transpired that the landlord had issued the tenants with a 90-day notice to terminate the tenancy due to the landlord planning to sell the property. The last day of the tenancy will be 8 February 2023.
As the tenancy will end on 8 February 2023 it is not necessary for the Tribunal to make an order terminating the tenancy. That part of the landlord’s claim is dismissed. Tenant application
The tenant applies for a work order, a claim relating to the Healthy Homes standards and compensation for loss of amenity. Work order
The tenant claims that the landlord did not investigate and fix the water supply issue, investigate and fix the leaks and cause of mould, repair the hole in the laundry wall or install heating. 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 and alternative monetary 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 tenants report that they have experienced water supply issues at the premises since the beginning of the tenancy three years ago. They say that there is no water around twice a week and sometimes they have no water for two weeks to a month at a time.
The tenants produced a document from Auckland Council which states, “The property has also been seen by council previously back in 2021 to investigate why water was not working in the property. This till date has not been fixed by the landlord, and the tenant has been without water on and off for 3 years now, which is a sanitation issue”.
The tenant has reported leaks and mould. Initially there was a leak above the shower which resulted in the ceiling above the shower collapsing on the tenant when she was showering. In addition to the ceiling falling on her, I am told that dead rats also fell from the ceiling. The tenants say that the landlord advised the tenants to place a piece of wood over the top of the shower, but this was not an effective repair. The shower ceiling took three months to properly repair and in the meantime the tenants had to shower elsewhere.
The tenants also reported leaking in the ceiling above one of the wardrobes. It seems that this leaking probably contributed to mould issues in the bedrooms, but this has never been investigated.
The tenants produced a photograph showing a hole in the exterior wall in the laundry. The landlord said that this was fixed with a block to cover over the hole. The tenants report that the hole was not repaired and instead a piece of wood from a fallen tree was used to cover the hole. The hole should be repaired properly.
There has been no heating in the premises since the beginning of the tenancy. The Housing Improvement Regulations 1947 set out the minimum standards that apply to premises, including: “6.Every living room shall be fitted with a fireplace and chimney or other approved form of heating.”
The landlord must install an approved form of heating. Compensation
The premises and the tenants were impacted by the Auckland floods in January 2023. The tenant says that the whole downstairs was affected where all the carpet was wet, and they couldn’t use the power. In February the walls were cut, and the carpet removed.
For two weeks after the flooding the tenants and the two children of one of the tenants remained in the flooded tenancy. It seems that the landlord did not provide any assistance and instead was waiting for the insurance company.
The landlord gave the tenant five weeks rent relief, which is reasonable in the circumstances, but the landlord should have done more.
After two weeks the tenant managed to move to emergency accommodation provided by the Council. Unfortunately, the tenants could not remain in this accommodation indefinitely and when the returned to the tenancy the necessary repairs had not been completed. As they had nowhere else to go they lived in their car and on the trampoline after moving it under the veranda. They lived like this for three weeks. This was a completely unacceptable situation. After an electrician had checked the electrics, the tenants moved back in.
For considerable periods during the tenancy the tenants had to use the neighbour’s shower. This happened for three months when the shower was being repaired and for the intermittent periods when there was no water.
The tenants lived for four winters without heating. The tenants were given a dehumidifier to use for two weeks after the flooding but then had to give it back to the landlord.
The tenant says that the hob in the kitchen was not working from the beginning of the tenancy until when it was replaced after the flooding in May 2023. The landlord said that they had no knowledge that the hob wasn’t working. If regular inspections had been carried out the landlord would have been aware of this.
In paying rent tenants are entitled to expect that the landlord will adhere to basic minimum standards, undertake necessary repairs and maintenance, and to expect to live in a warm and healthy home. They should have the use of basic amenities such as running water and a shower.
In addition, landlords have clear obligations that are set out in section 45 of the Act. There are no exemptions to these obligations. These include the responsibility to ensure that premises are provided and maintained in a reasonable state of repair. In this case, I find that the landlord has failed to meet their obligation to maintain and repair.
Damages in civil claims fall into two main categories. Compensatory damages aim to compensate any losses incurred by a party. In this case the primary loss I must focus on in deciding the amount to compensate the tenants in this case is what is referred to as a loss of amenity. That is, rather than a direct financial loss the tenants have essentially been paying for something they have not received.
In this case, there has clearly been a loss of amenity. The loss of amenity relates to disruption to the water supply and a period where there was no shower.
In addition, the tenant has been affected by the failure to fix the leak and the resulting mould as well as the hole in the laundry. The tenant paid rent and in return expected a clean, dry, warm home that was properly maintained. She did not at all times receive that.
Overall, I consider a global figure to recompense the tenant for this loss of amenity and compensation for the living situation is warranted. I consider that an award of $5000.00 is reasonable in the circumstances. That figure equates to approximately 10% of the overall rent paid. Filing fee and suppression
As both parties have had some success in this hearing, I make no award for reimbursement of the filing fee.
The tenant has applied for suppression of their name and as they have had some success, I make that order.

Claims and awards in Tenancy Tribunal application 4635776 — net $984.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$4,015.93		Rent arrears
Compensation: Loss of amenity		$5,000.00	Loss of amenity
Total award	$4,015.93	$5,000.00
Net award		$984.07
Total payable by Landlord to Tenant		$984.07

Order

The landlord must carry out the following work to the premises, which must be completed by 18 December 2023: a. Employ a registered plumber to investigate the water supply issues and carry out repairs; b. Employ a registered plumber to investigate the cause of leaking and mould and carry out repairs; c. Repair the hole in the laundry wall; and d. Install adequate heating in the lounge.
As an alternative to compliance with Order 2, the landlord must pay the tenant $1,000.00 immediately.
If the landlord fails to comply with either Order 2 or 3 above, then the tenant may undertake the work and charge the landlord the costs of this work up to $3,500.00. These costs may be set off against rent payable.
The landlord’s application for termination is dismissed.

Reasons

Both parties attended the hearing.
This matter had been heard on 22 June 2023, but the tenant did not attend the hearing and filed an application for rehearing. The Tribunal granted the application for rehearing and proceedings were stayed on 27 June 2023.
On 20 July 2023 the tenant filed a cross application.
Today’s hearing is to consider the rehearing and the tenant’s cross application. Landlord application
The landlord applies for rent arrears of $4,015.00 for the period up to the date of hearing and termination of the tenancy.
During the hearing it transpired that the landlord had issued the tenants with a 90-day notice to terminate the tenancy due to the landlord planning to sell the property. The last day of the tenancy will be 8 February 2023.
As the tenancy will end on 8 February 2023 it is not necessary for the Tribunal to make an order terminating the tenancy. That part of the landlord’s claim is dismissed. Tenant application
The tenant applies for a work order, a claim relating to the Healthy Homes standards and compensation for loss of amenity. Work order
The tenant claims that the landlord did not investigate and fix the water supply issue, investigate and fix the leaks and cause of mould, repair the hole in the laundry wall or install heating. 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 and alternative monetary 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 tenants report that they have experienced water supply issues at the premises since the beginning of the tenancy three years ago. They say that there is no water around twice a week and sometimes they have no water for two weeks to a month at a time.
The tenants produced a document from Auckland Council which states, “The property has also been seen by council previously back in 2021 to investigate why water was not working in the property. This till date has not been fixed by the landlord, and the tenant has been without water on and off for 3 years now, which is a sanitation issue”.
The tenant has reported leaks and mould. Initially there was a leak above the shower which resulted in the ceiling above the shower collapsing on the tenant when she was showering. In addition to the ceiling falling on her, I am told that dead rats also fell from the ceiling. The tenants say that the landlord advised the tenants to place a piece of wood over the top of the shower, but this was not an effective repair. The shower ceiling took three months to properly repair and in the meantime the tenants had to shower elsewhere.
The tenants also reported leaking in the ceiling above one of the wardrobes. It seems that this leaking probably contributed to mould issues in the bedrooms, but this has never been investigated.
The tenants produced a photograph showing a hole in the exterior wall in the laundry. The landlord said that this was fixed with a block to cover over the hole. The tenants report that the hole was not repaired and instead a piece of wood from a fallen tree was used to cover the hole. The hole should be repaired properly.
There has been no heating in the premises since the beginning of the tenancy. The Housing Improvement Regulations 1947 set out the minimum standards that apply to premises, including: “6.Every living room shall be fitted with a fireplace and chimney or other approved form of heating.”
The landlord must install an approved form of heating. Compensation
The premises and the tenants were impacted by the Auckland floods in January 2023. The tenant says that the whole downstairs was affected where all the carpet was wet, and they couldn’t use the power. In February the walls were cut, and the carpet removed.
For two weeks after the flooding the tenants and the two children of one of the tenants remained in the flooded tenancy. It seems that the landlord did not provide any assistance and instead was waiting for the insurance company.
The landlord gave the tenant five weeks rent relief, which is reasonable in the circumstances, but the landlord should have done more.
After two weeks the tenant managed to move to emergency accommodation provided by the Council. Unfortunately, the tenants could not remain in this accommodation indefinitely and when the returned to the tenancy the necessary repairs had not been completed. As they had nowhere else to go they lived in their car and on the trampoline after moving it under the veranda. They lived like this for three weeks. This was a completely unacceptable situation. After an electrician had checked the electrics, the tenants moved back in.
For considerable periods during the tenancy the tenants had to use the neighbour’s shower. This happened for three months when the shower was being repaired and for the intermittent periods when there was no water.
The tenants lived for four winters without heating. The tenants were given a dehumidifier to use for two weeks after the flooding but then had to give it back to the landlord.
The tenant says that the hob in the kitchen was not working from the beginning of the tenancy until when it was replaced after the flooding in May 2023. The landlord said that they had no knowledge that the hob wasn’t working. If regular inspections had been carried out the landlord would have been aware of this.
In paying rent tenants are entitled to expect that the landlord will adhere to basic minimum standards, undertake necessary repairs and maintenance, and to expect to live in a warm and healthy home. They should have the use of basic amenities such as running water and a shower.
In addition, landlords have clear obligations that are set out in section 45 of the Act. There are no exemptions to these obligations. These include the responsibility to ensure that premises are provided and maintained in a reasonable state of repair. In this case, I find that the landlord has failed to meet their obligation to maintain and repair.
Damages in civil claims fall into two main categories. Compensatory damages aim to compensate any losses incurred by a party. In this case the primary loss I must focus on in deciding the amount to compensate the tenants in this case is what is referred to as a loss of amenity. That is, rather than a direct financial loss the tenants have essentially been paying for something they have not received.
In this case, there has clearly been a loss of amenity. The loss of amenity relates to disruption to the water supply and a period where there was no shower.
In addition, the tenant has been affected by the failure to fix the leak and the resulting mould as well as the hole in the laundry. The tenant paid rent and in return expected a clean, dry, warm home that was properly maintained. She did not at all times receive that.
Overall, I consider a global figure to recompense the tenant for this loss of amenity and compensation for the living situation is warranted. I consider that an award of $5000.00 is reasonable in the circumstances. That figure equates to approximately 10% of the overall rent paid. Filing fee and suppression
As both parties have had some success in this hearing, I make no award for reimbursement of the filing fee.
The tenant has applied for suppression of their name and as they have had some success, I make that order.

Tenancy Tribunal case 4635776 — Rent arrears at Unit/Flat 2, 70A Pah Road, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 4635776 — Rent arrears at Unit/Flat 2, 70A Pah Road, Papatoetoe, Auckland 2025

At a glance

Award balance

Claims & awards

Order

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions