What was Tenancy Tribunal case 4645892 about?

The tribunal order states: [The tenant/s] owes [The landlord/s] $5,471.42 (“the debt”) calculated in the

How much money was awarded in case 4645892?

Compensation: Reimburse shower mixer…: $25.00 awarded to tenant; Compensation: Washing Machine: $400.00 awarded to tenant; Rent Owed: $5,471.42 awarded to landlord

What type of tenancy dispute was case 4645892?

The dispute type was not classified.

Where can I read the official tribunal order for case 4645892?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9573020-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4645892 about?

The tribunal order states: [The tenant/s] owes [The landlord/s] $5,471.42 (“the debt”) calculated in the

How much money was awarded in case 4645892?

Compensation: Reimburse shower mixer…: $25.00 awarded to tenant; Compensation: Washing Machine: $400.00 awarded to tenant; Rent Owed: $5,471.42 awarded to landlord

What type of tenancy dispute was case 4645892?

The dispute type was not classified.

Where can I read the official tribunal order for case 4645892?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9573020-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4645892 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4645892 — net $5,046.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent owed to 30 October 2023	$5,471.42		Rent owed to 30 October 2023
Compensation: Washing machine		$400.00	Washing machine
Compensation: Reimburse shower mixer handle		$25.00	Reimburse shower mixer handle
Total award	$5,471.42	$425.00
Net award	$5,046.42
Total payable by Tenant to Landlord	$5,046.42

Order

[The tenant/s] owes [The landlord/s] $5,471.42 (“the debt”) calculated in the table below:
[The tenant/s] must pay rent and the debt as follows: a. By 33 weekly payments of $700.00, being $550.00 for rent and $150.00 for the debt. b. A final payment of $646.42, being $550.00 for rent and $96.42 for the debt. c. Payments will be every Tuesday, with the first payment on 31/10/2023 and continuing until 18/06/2024.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing.
The parties entered in to a one-year fixed term tenancy in respect of an apartment. The parties agreed today that the tenancy commenced on 27 June 2023. The fixed term ends on 24 June 2024.
The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee. The tenant wants to repay the debt to avoid immediate termination and has also cross applied for compensation in respect of maintenance issues at the premises. Landlord claim

Should a conditional termination order be made?

The rent is more than 21 days in arrears. The landlord has provided a rent summary. Where rent is at least 21 days in arrears, the Tribunal must make either a final or a conditional termination order. See sections 56(2), 55(1)(a) and (1A) Residential Tenancies Act 1986.
The tenant explained today that his income is from ACC and WINZ. He explained that ACC stopped his payments over 50 days ago and he is trying to resolve this matter. He provided proof of an appointment tomorrow and stated that following this appointment his ACC will be reinstated. The tenant has made some payments, the most recent being 10 October 2023. He has offered to pay $150.00 per week towards his arrears in addition to the weekly rent of $550.00 due. The total weekly payment will be $700.00.
The landlord does not consent to a conditional termination order.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach if the matter with ACC is resolved tomorrow. The amount ordered will ensure that the debt does not increase and is repaid in full before the end of the fixed term. I have granted a conditional termination order.
The tenant understands that the tenancy will terminate if he is not able to make the agreed payments.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Tenant claim
[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 and has applied for compensation in the sum of $1108.54.
Under section 45, a landlord has responsibilities including that the landlord must provide and maintain the premises in a reasonable state of repair.
The tenant claims that the premises were not provided and maintained in reasonable state of repair as follows: (a) Washing machine – the tenant claimed that the washing machine was not provided in a reasonable state of repair as it was unbalanced and left black marks on his clothes. He stated that when he advised the landlord of the problems they were not remedied in a timely manner. The tenant provided a correspondence dated 2 July 2023 to the landlord about the washing machine and a message from the landlord on 16 July. The tenant provided photographs of the washing machine showing black marks in the door rim, white clothing and linen with marks and a receipt from 2018 regarding purchase of two shirts that the tenant claimed were damaged. The landlord disputed the tenant claims and stated that although the washing machine was old it was useable and the marks by the door seal would not mark laundry. The landlord provided an incoming inspection report which showed black marks around the washing machine door seal, an invoice and report from [washing machine inspection company] and an email from a from a former tenant saying there was no problem with the washing machine. The landlord provided an invoice from a contractor who attended the premises on 31 July 2023. The invoice records “Investigation revealed no vibration but compromised suspension and an incorrectly installed machine’. The contractor recommended replacing the suspension and a machine tub wash and clean. The landlord advised that they have paid the invoice and the clean was done but the suspension repair has not yet taken place as the part will not arrive until November. Having considered the evidence the Tribunal finds that there have been delays in the landlord responding to and repairing the washing machine. There was a delay of over three weeks from first notice being sent until a contractor attended and the repair has not yet been completed. This has impacted on the tenant’s use of the washing machine for 16 weeks since notice was first sent. The Tribunal considers that compensation is appropriate for the inconvenience to the tenant of the delay and orders the sum of $25 per week for the 16 weeks to today’s date totalling $400.00. (b) Bed bugs – the tenant claimed that there were bed bugs at the premises. He provided a photograph of himself with bites on his body, evidence of a message sent to the landlord on 28 June 2023 advising there were bed bugs and a reply from the landlord on 29 June offering to arrange to get the property cleaned and fumigated. The tenant replied “I’ve used flea bomb and hope it’s working. If not, I will call the pest control company and will cost approximately $600”. The property manager replied on the same day “please don’t if you still have issues let me know I will get an exterminator to come through”. The landlord questioned whether the problem was bed bugs or fleas but stated that as the tenant did not message them of any further problem they did not investigate. Having heard the evidence the Tribunal is not satisfied the tenant has proved that the landlord failed to remedy this issue as the tenant took their own action and did not notify the landlord that the problem continued. (c) Dishwasher – the tenant claimed that the dishwasher did not work as there were bubbles but stated this matter was resolved as he realised he had used the wrong dishwashing liquid. (d) Shower – the tenant notified the landlord on 28 June that the shower mixer handle was broken. The landlord replied that a work order had been issued to repair this but then received a call from the tenant to say he had replaced it himself. The tenant stated that the cost of the replacement handle was $25.00. The landlord agreed to reimburse this. Filing fee/Suppression
Because both parties have had some success with their claims the Tribunal makes no order regarding reimbursement of either filing fee See section 102(4) Residential Tenancies Act 1986.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. The tenant has applied for suppression. Both parties have had some success in this case. I consider that publication would serve no useful purpose in terms of either of the parties’ interests and the public interest. Having considered the factors in this case the Tribunal orders suppression of identifying details. Section 95A (4) Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 4645892 — net $5,046.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent owed to 30 October 2023	$5,471.42		Rent owed to 30 October 2023
Compensation: Washing machine		$400.00	Washing machine
Compensation: Reimburse shower mixer handle		$25.00	Reimburse shower mixer handle
Total award	$5,471.42	$425.00
Net award	$5,046.42
Total payable by Tenant to Landlord	$5,046.42

Order

[The tenant/s] owes [The landlord/s] $5,471.42 (“the debt”) calculated in the table below:
[The tenant/s] must pay rent and the debt as follows: a. By 33 weekly payments of $700.00, being $550.00 for rent and $150.00 for the debt. b. A final payment of $646.42, being $550.00 for rent and $96.42 for the debt. c. Payments will be every Tuesday, with the first payment on 31/10/2023 and continuing until 18/06/2024.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing.
The parties entered in to a one-year fixed term tenancy in respect of an apartment. The parties agreed today that the tenancy commenced on 27 June 2023. The fixed term ends on 24 June 2024.
The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee. The tenant wants to repay the debt to avoid immediate termination and has also cross applied for compensation in respect of maintenance issues at the premises. Landlord claim

Should a conditional termination order be made?

The rent is more than 21 days in arrears. The landlord has provided a rent summary. Where rent is at least 21 days in arrears, the Tribunal must make either a final or a conditional termination order. See sections 56(2), 55(1)(a) and (1A) Residential Tenancies Act 1986.
The tenant explained today that his income is from ACC and WINZ. He explained that ACC stopped his payments over 50 days ago and he is trying to resolve this matter. He provided proof of an appointment tomorrow and stated that following this appointment his ACC will be reinstated. The tenant has made some payments, the most recent being 10 October 2023. He has offered to pay $150.00 per week towards his arrears in addition to the weekly rent of $550.00 due. The total weekly payment will be $700.00.
The landlord does not consent to a conditional termination order.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach if the matter with ACC is resolved tomorrow. The amount ordered will ensure that the debt does not increase and is repaid in full before the end of the fixed term. I have granted a conditional termination order.
The tenant understands that the tenancy will terminate if he is not able to make the agreed payments.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Tenant claim
[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 and has applied for compensation in the sum of $1108.54.
Under section 45, a landlord has responsibilities including that the landlord must provide and maintain the premises in a reasonable state of repair.
The tenant claims that the premises were not provided and maintained in reasonable state of repair as follows: (a) Washing machine – the tenant claimed that the washing machine was not provided in a reasonable state of repair as it was unbalanced and left black marks on his clothes. He stated that when he advised the landlord of the problems they were not remedied in a timely manner. The tenant provided a correspondence dated 2 July 2023 to the landlord about the washing machine and a message from the landlord on 16 July. The tenant provided photographs of the washing machine showing black marks in the door rim, white clothing and linen with marks and a receipt from 2018 regarding purchase of two shirts that the tenant claimed were damaged. The landlord disputed the tenant claims and stated that although the washing machine was old it was useable and the marks by the door seal would not mark laundry. The landlord provided an incoming inspection report which showed black marks around the washing machine door seal, an invoice and report from [washing machine inspection company] and an email from a from a former tenant saying there was no problem with the washing machine. The landlord provided an invoice from a contractor who attended the premises on 31 July 2023. The invoice records “Investigation revealed no vibration but compromised suspension and an incorrectly installed machine’. The contractor recommended replacing the suspension and a machine tub wash and clean. The landlord advised that they have paid the invoice and the clean was done but the suspension repair has not yet taken place as the part will not arrive until November. Having considered the evidence the Tribunal finds that there have been delays in the landlord responding to and repairing the washing machine. There was a delay of over three weeks from first notice being sent until a contractor attended and the repair has not yet been completed. This has impacted on the tenant’s use of the washing machine for 16 weeks since notice was first sent. The Tribunal considers that compensation is appropriate for the inconvenience to the tenant of the delay and orders the sum of $25 per week for the 16 weeks to today’s date totalling $400.00. (b) Bed bugs – the tenant claimed that there were bed bugs at the premises. He provided a photograph of himself with bites on his body, evidence of a message sent to the landlord on 28 June 2023 advising there were bed bugs and a reply from the landlord on 29 June offering to arrange to get the property cleaned and fumigated. The tenant replied “I’ve used flea bomb and hope it’s working. If not, I will call the pest control company and will cost approximately $600”. The property manager replied on the same day “please don’t if you still have issues let me know I will get an exterminator to come through”. The landlord questioned whether the problem was bed bugs or fleas but stated that as the tenant did not message them of any further problem they did not investigate. Having heard the evidence the Tribunal is not satisfied the tenant has proved that the landlord failed to remedy this issue as the tenant took their own action and did not notify the landlord that the problem continued. (c) Dishwasher – the tenant claimed that the dishwasher did not work as there were bubbles but stated this matter was resolved as he realised he had used the wrong dishwashing liquid. (d) Shower – the tenant notified the landlord on 28 June that the shower mixer handle was broken. The landlord replied that a work order had been issued to repair this but then received a call from the tenant to say he had replaced it himself. The tenant stated that the cost of the replacement handle was $25.00. The landlord agreed to reimburse this. Filing fee/Suppression
Because both parties have had some success with their claims the Tribunal makes no order regarding reimbursement of either filing fee See section 102(4) Residential Tenancies Act 1986.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. The tenant has applied for suppression. Both parties have had some success in this case. I consider that publication would serve no useful purpose in terms of either of the parties’ interests and the public interest. Having considered the factors in this case the Tribunal orders suppression of identifying details. Section 95A (4) Residential Tenancies Act 1986.

Tenancy Tribunal case 4645892 — Tenancy dispute

At a glance

Tenancy Tribunal case 4645892 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions