What was Tenancy Tribunal case 4646109 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 4646109?

Compensation: Power And Water: $2,272.17 awarded to tenant; Property Damage: $250.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4646109?

The primary dispute was State of repair.

Where can I read the official tribunal order for case 4646109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9471765-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4646109 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 4646109?

Compensation: Power And Water: $2,272.17 awarded to tenant; Property Damage: $250.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4646109?

The primary dispute was State of repair.

Where can I read the official tribunal order for case 4646109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9471765-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4646109 — State of repair

Claims and awards in Tenancy Tribunal application 4646109 — net $2,542.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Power and water	$2,272.17	Power and water
Exemplary damages: Failure to Maintain	$250.00	Failure to Maintain
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,542.61
Total payable by Landlord to Tenant	$2,542.61

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord’s name and identifying details.
The landlord must carry out the following work to the premises, which must be completed by 31 October 2023. a. Ensure there is an investigation to confirm there are no further water leaks on the property (hot or cold water leaks); or b. Pay an amount of $500.00 to the tenant if such an investigation is not able to be carried out by 31 October 2023.
If the landlord fails to comply with Order 2(a) or 2(b) above, then the tenant may undertake the work to investigate to confirm if there are any further leaks and charge the landlord the cost of this work up to $500.00. These costs may be set off against the rent payable.
[The landlord/s] must pay [The tenant/s] $2,542.61 immediately as noted in the table below:

Reasons

Both parties attended the hearing. The agents [The landlord’s representative] appeared for the landlord. [The tenant/s] appeared.
This is a tenancy that began in January 2021 and is ongoing.
The tenant would like the landlord to fix what they believe is an ongoing leak (that seems to be attached to the hot water cylinder).
The tenant also seeks compensation for the high power and water paid during the time of the leak.
Finally the tenant seek exemplary damages for the failure to maintain causing stress they feel they endured due to the agent not believing their situation of the leaks despite raising concerns. Application for Compensation
In April 2021, there was a leak with the hot water cylinder. Some repairs were made.
On or about June 2022, the tenant noticed her power bill increase markedly. She mentioned this to the agent in the inspection in July and again her power bill increase in October.
On 22 November 2022, there were vibrations and noises from the hot water cylinder. The agent was informed and an electrician attended immediately. No issues were found.
On 24 February 2023, there was another leak and a plumber attended. It was found that the cylinder needed to be changed.
On 8 March 2023, the hot water cylinder was replaced. After that it took some time for the hot water cupboard to be fixed and reinstated.
There was another problem with a leak in May 2023.
Between March 2023 and May 2023, the parties entered into negotiations to address the high water and power that had occurred and come to a settlement about compensation.
There is no dispute from the landlord that the hot water cylinder issues affected the tenant’s power and water. They offered $2,272.17 as compensation.
I consider that fair compensation for the high water and power costs that the tenant had to pay. Work Order
Despite previous issue with the hot water cylinder leaking ultimately requiring replacing, the tenant believes the leak problem is currently ongoing. There appears to be ongoing problems with the hot water cylinder.
The water care information suggests the water rates have dropped to a more reasonable usage figure.
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.
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.
In this case, to avoid any further problems with leaks, I make a work order for the landlord to undertake an investigation of the premises to ensure there are no further water leaks by 31 October 2023.
In the alternate, if this is not able to be done by 31 October 2023, the landlord is to pay the tenant $500.00. If neither of the options are exercised by the landlord, the tenant can seek their own test for up to $500.00 to be paid by the landlord. Exemplary Damages
[The tenant/s] claim that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair.
Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
The landlord was made aware there was a problem about the water with the issue of the water and power bills raised by the tenant at the inspection in July 2022 and again in October 2022.
The agent took longer than a reasonable timeframe to properly investigate the tenant’s concerns about the higher water and power bills, particularly between July 2022 and November 2022. From November however, the agent did call professionals to investigate the matter and acted promptly to try and resolve the problem.
The tenant believes the root of the problem was the stress they endured related to the fact they were not believed that there was a problem. The tenant believes they were treated unfairly when trying to negotiate a solution with the agency about seeking a water allowance with Watercare to help alleviate financial hardship due to the increased costs.
I find the landlord has committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
There were 2 occasions where the tenants concerns could have been looked into more carefully. It caused them hardship with their finances and disruption to their living circumstances. It is in the public interest that tenants’ concerns are looked into properly and not brushed aside. Ultimately, the hot water cylinder needed replacement (but some perceived ongoing problems, hence the work order).
I consider a nominal sum of $250.00 as appropriate damages in the circumstances given the compensation already offered by the landlord and the steps taken since November 2022 to rectify the problem.
Because [The tenant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The tenant is seeking suppression of identifying details in any publication of this order.
If a party has wholly or substantially succeeded in the proceedings the Tribunal must make the order unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. Section 95A Residential Tenancies Act 1986.
The agents entered into negotiations and offered compensation in good faith. This is an ongoing tenancy.
Having considered the factors in this case the Tribunal grants suppression of the tenant, landlord and tenancy details.

Claims and awards in Tenancy Tribunal application 4646109 — net $2,542.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Power and water	$2,272.17	Power and water
Exemplary damages: Failure to Maintain	$250.00	Failure to Maintain
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,542.61
Total payable by Landlord to Tenant	$2,542.61

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord’s name and identifying details.
The landlord must carry out the following work to the premises, which must be completed by 31 October 2023. a. Ensure there is an investigation to confirm there are no further water leaks on the property (hot or cold water leaks); or b. Pay an amount of $500.00 to the tenant if such an investigation is not able to be carried out by 31 October 2023.
If the landlord fails to comply with Order 2(a) or 2(b) above, then the tenant may undertake the work to investigate to confirm if there are any further leaks and charge the landlord the cost of this work up to $500.00. These costs may be set off against the rent payable.
[The landlord/s] must pay [The tenant/s] $2,542.61 immediately as noted in the table below:

Reasons

Both parties attended the hearing. The agents [The landlord’s representative] appeared for the landlord. [The tenant/s] appeared.
This is a tenancy that began in January 2021 and is ongoing.
The tenant would like the landlord to fix what they believe is an ongoing leak (that seems to be attached to the hot water cylinder).
The tenant also seeks compensation for the high power and water paid during the time of the leak.
Finally the tenant seek exemplary damages for the failure to maintain causing stress they feel they endured due to the agent not believing their situation of the leaks despite raising concerns. Application for Compensation
In April 2021, there was a leak with the hot water cylinder. Some repairs were made.
On or about June 2022, the tenant noticed her power bill increase markedly. She mentioned this to the agent in the inspection in July and again her power bill increase in October.
On 22 November 2022, there were vibrations and noises from the hot water cylinder. The agent was informed and an electrician attended immediately. No issues were found.
On 24 February 2023, there was another leak and a plumber attended. It was found that the cylinder needed to be changed.
On 8 March 2023, the hot water cylinder was replaced. After that it took some time for the hot water cupboard to be fixed and reinstated.
There was another problem with a leak in May 2023.
Between March 2023 and May 2023, the parties entered into negotiations to address the high water and power that had occurred and come to a settlement about compensation.
There is no dispute from the landlord that the hot water cylinder issues affected the tenant’s power and water. They offered $2,272.17 as compensation.
I consider that fair compensation for the high water and power costs that the tenant had to pay. Work Order
Despite previous issue with the hot water cylinder leaking ultimately requiring replacing, the tenant believes the leak problem is currently ongoing. There appears to be ongoing problems with the hot water cylinder.
The water care information suggests the water rates have dropped to a more reasonable usage figure.
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.
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.
In this case, to avoid any further problems with leaks, I make a work order for the landlord to undertake an investigation of the premises to ensure there are no further water leaks by 31 October 2023.
In the alternate, if this is not able to be done by 31 October 2023, the landlord is to pay the tenant $500.00. If neither of the options are exercised by the landlord, the tenant can seek their own test for up to $500.00 to be paid by the landlord. Exemplary Damages
[The tenant/s] claim that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair.
Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
The landlord was made aware there was a problem about the water with the issue of the water and power bills raised by the tenant at the inspection in July 2022 and again in October 2022.
The agent took longer than a reasonable timeframe to properly investigate the tenant’s concerns about the higher water and power bills, particularly between July 2022 and November 2022. From November however, the agent did call professionals to investigate the matter and acted promptly to try and resolve the problem.
The tenant believes the root of the problem was the stress they endured related to the fact they were not believed that there was a problem. The tenant believes they were treated unfairly when trying to negotiate a solution with the agency about seeking a water allowance with Watercare to help alleviate financial hardship due to the increased costs.
I find the landlord has committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
There were 2 occasions where the tenants concerns could have been looked into more carefully. It caused them hardship with their finances and disruption to their living circumstances. It is in the public interest that tenants’ concerns are looked into properly and not brushed aside. Ultimately, the hot water cylinder needed replacement (but some perceived ongoing problems, hence the work order).
I consider a nominal sum of $250.00 as appropriate damages in the circumstances given the compensation already offered by the landlord and the steps taken since November 2022 to rectify the problem.
Because [The tenant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The tenant is seeking suppression of identifying details in any publication of this order.
If a party has wholly or substantially succeeded in the proceedings the Tribunal must make the order unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. Section 95A Residential Tenancies Act 1986.
The agents entered into negotiations and offered compensation in good faith. This is an ongoing tenancy.
Having considered the factors in this case the Tribunal grants suppression of the tenant, landlord and tenancy details.

Tenancy Tribunal case 4646109 — State of repair

At a glance

Tenancy Tribunal case 4646109 — State of repair

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions