What was Tenancy Tribunal case 4644409 about?

The tribunal order states: By consent, the landlord must carry out the following work to the premises:

How much money was awarded in case 4644409?

Compensation: $800.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4644409?

The primary dispute was State of repair.

Where can I read the official tribunal order for case 4644409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9966304-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4644409 about?

The tribunal order states: By consent, the landlord must carry out the following work to the premises:

How much money was awarded in case 4644409?

Compensation: $800.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4644409?

The primary dispute was State of repair.

Where can I read the official tribunal order for case 4644409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9966304-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4644409 — State of repair

Claims and awards in Tenancy Tribunal application 4644409 — net $820.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation – failure to maintain	$800.00	Compensation – failure to maintain
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$820.44
Total payable by Landlord to Tenant	$820.44

Claims and awards in Tenancy Tribunal application 4644409 — net $820.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation – failure to maintain	$800.00	Compensation – failure to maintain
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$820.44
Total payable by Landlord to Tenant	$820.44

Order

By consent, the landlord must carry out the following work to the premises: a. All necessary remedial work required to ensure there is a reliable and potable water supply to the premises. This must be completed by Friday 1 March 2024. b. Replace the back door. This must be completed on or before Friday 29 March 2024. c. Replace carpet in 3 bedrooms. This must be completed on or before Wednesday 1 May 2024.
[The landlord/s] must pay [The tenant/s] $820.44 immediately as shown in table below.
All other claims are dismissed.

Reasons

Both parties attended the hearing.
The tenant seeks work orders, compensation, and exemplary damages. Work orders
The tenant claims the following: (a) water supply to the premises from the next-door school has been unreliable, and the tenant is concerned it is not safe for consumption. (b) back door is rotten, and the door handle cannot be used. (c) carpet in the bedrooms is so old it is threadbare. (d) heating is inadequate.
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.
In addition, the Housing Improvement Regulations 1947 specify the minimum standard of fitness for houses and require premises to have a potable supply of water in the kitchen, and a supply of wholesome water in every bathroom.
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. See sections 78(2) and 78(2AA) Residential Tenancies Act 1986.

Has the landlord failed to comply with their obligations?

I am satisfied that the water supply has been an ongoing and concerning issue for some time. While I acknowledge that the landlord is reliant on the Ministry of Education to sort this issue out, it has taken far too long and left the tenant and her family without a water supply at least 5 times in the last year and for extended periods. This must be addressed by the landlord as a matter of urgency.
I also find that the landlord has been in breach of their obligations as the back door and carpets are not in a reasonable state of repair. I accept that the landlord has been working through other priorities with the tenant, but these matters are longstanding and must now be addressed within the stipulated timeframes ordered.
The tenant has not proven there is a current issue with the heating as the ducting has now been fixed and the problem resolved. This part of the claim is dismissed.
As the work orders are made by consent, I decline to make any alternative money order.

Is the tenant entitled to compensation for these and other breaches?

[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986. The tenant says she is only claiming the costs to her and her family for having to replace flooring at the back door, and to paint the mouldy bathroom ceiling and replace the sealants. The tenant says she repeatedly told the landlord about the water problems, and she feels like the landlord has either not been listening or has minimised her concerns.
The landlord acknowledges that work was needed after a recent Healthy Homes assessment which they commissioned. The landlord acknowledges there have been ongoing problems with water supply and filtration which they have been trying to sort out with the Ministry of Education.
I find that the landlord has breached their obligations, not only with routine maintenance matters but more particularly, and of more concern, with regards to the water supply. I award the tenant the full amount claimed of $800.00 which is equivalent to just over 2 weeks rent as fair and reasonable compensation.

Did the landlord harass the tenant?

[The tenant/s] claims the landlord has harassed them.
A landlord must not interfere with the reasonable peace, comfort, or privacy of the tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986.
Breaching this obligation in circumstances that amount to harassment is an unlawful act for which exemplary damages may be awarded up to a maximum of $3,000.00. See section 38(3) and Schedule 1A RTA.
Harassment means "to trouble, worry or distress" or "to wear out, tire, or exhaust" and "indicates a particular pattern of behaviour directed towards another person". MacDonald v Dodds, CIV-2009-019-001524, DC Hamilton, 26 February 2010.
The tenant says that she was bullied by a former school principal who also managed the premises as landlord for a time. The tenant says the previous claim by the landlord to the Tribunal for the tenant to remove her dog, was part of the bullying. The tenant says the landlord come to the premises unannounced with a person from the power company.
I find that the tenant has not provided sufficient evidence to prove that she has been harassed by the landlord or a representative of the landlord. I do not consider that the previous claim before the Tribunal constituted any form of bullying or harassment, and the tenant has been unable to provide any other documentary or independent evidence in support.
This part of the tenant’s claim is dismissed. Filing fee
As the tenant has been partly successful in her claims, the landlord must reimburse the filing fee. Name suppression
The parties’ names and identifying details have been suppressed on previous Tribunal orders therefore it is appropriate to continue name suppression for this order.

Tenancy Tribunal case 4644409 — State of repair

At a glance

Tenancy Tribunal case 4644409 — State of repair

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Has the landlord failed to comply with their obligations?

Is the tenant entitled to compensation for these and other breaches?

Did the landlord harass the tenant?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Has the landlord failed to comply with their obligations?

Is the tenant entitled to compensation for these and other breaches?

Did the landlord harass the tenant?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions