What was Tenancy Tribunal case 4671092 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 4671092?

Property Damage: $5,000.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4671092?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4671092?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9781624-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4671092 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 4671092?

Property Damage: $5,000.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4671092?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4671092?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9781624-Tribunal_Order_Redacted.pdf.

54 Zealandia Road, Manly, Whangaparaoa 0930 Tenancy Tribunal Case 4671092 — Exemplary damages

Claims and awards in Tenancy Tribunal application 4671092 — net $5,020.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages: Failing to maintain	$5,000.00	Failing to maintain
Filing fee reimbursement	$20.44	y succeeded with the claim, I order the landlord to reimburse the filing fee of $20.44. J Yi 19 December 2023 _________________________________________________…
Net award	$5,020.44
Total payable by Landlord to Tenant	$5,020.44

Order

The landlord must carry out the following work to the premises, which must be completed by the due date outlined below: a. Obtain a report from a water tank company confirming that the water tank meets the standard required and that the water is safe to drink. This must be obtained by 16 th February 2024. b. Clean and repair the gutters. This must be done by 19 th January 2024. The landlord needs to continue the cleaning and maintenance of the gutters on a regular basis after that. c. Engage in a registered builder to address the draught issues within the premises. This must be completed by 19 th January 2024. The landlord must deal with the builder directly and give notice to the tenant when the builder needs to enter the premises to complete the work as per notice period requirements under the Residential Tenancies Act 1986 (“the RTA”). d. Engage a registered structural engineer to assess the room on the deck and its supporting structure. The engineer must be engaged by 19 th January 2024. If the room and the deck are found to be safe, the room must be insulated as per the insulation requirements under the RTA. All work including insulation installation must be completed by 16 th February 2024. e. Engage a registered builder as agreed with the tenant to assess and get recommendations on the work required for all areas of the deck. The registered builder must be engaged by 22 nd December 2023. Any work required must be done by 29 th March 2024 by a contractor of the landlord’s choice. The deck must be safe to be used by the tenant. f. Weed the driveway and maintain the agapanthus regularly as required. g. Clear the fallen trees from the premises by 16 th February 2024. h. Install extractor fans in the bathroom and the kitchen as per the ventilation requirements of the Healthy Homes Standard (“HHS”). This must be done by 29 th March 2024. i. Engage a registered electrician to inspect the electrical wiring under the stairs and power points in the laundry and the wiring under the deck and outside by the “live wire underground” sign. The electrician must provide confirmation that there are no safety issues and also the wires must be tidied up as required. Further to this, the spotlight on the back deck must be replaced if it is in working order. If not, the spotlight must be decommissioned. This must be done by 22 nd December 2023. j. Engage a carpet professional to repair the frayed carpet where the carpets join up to a standard where the carpet can be deep cleaned without the carpet lifting or fraying away further. This must be done by 29 th March 2024. k. Replace the curtains by 29 th March 2024. l. Engage a roofing specialist to attend and complete a report on the state of the roof. Work must be started by 16 th February 2024 if required. m. Downstairs bathroom vanity cabinet must be sealed so there are no gaps between the bottom of the vanity cabinet and the floor. This must be done by 19 th January 2024. n. The plaster patch work in the bottom corner of the toilet must be completed by 19 th January 2024 by completing any required plastering, sanding and painting. o. Fix the front door handle by 19 th January 2024 so that it does not wobble and cannot be pulled off by force. p. Replace or fix the door handle on the ranch slider by 19 th January 2024.
[The landlord/s] must pay [The tenant/s] $5,020.44 immediately, as per the table below. This is to be paid by way of a rent credit.

Reasons

Both parties attended the hearing on 11 th December 2023.
The tenant applied for work orders, compensation and exemplary damages for breach of quiet enjoyment, failure to maintain the premises to a reasonable standard, breach of HHS and reimbursement of the filing fee.
At the hearing, it was clarified that the claims regarding breach of quiet enjoyment and breach of HHS were not applicable in the circumstances. Therefore, those claims were not considered. Work orders
The tenant claims that the premises was not reasonable maintained by the landlord in breach of section 45 of the RTA.
Under section 45(1) RTA, 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 this obligation, it may make an order for the landlord to carry out the work. See section 78(1)(e) RTA.
Having seen the evidence presented by the tenant in relation to the numerous maintenance issues including not having the water tank cleaned or serviced for
5 years, I find that the premises was not maintained to a reasonable standard.
The landlord agreed to undertake the work as per the work order above. Therefore, I do not make any monetary orders in the alternative to the work order.
Of the work orders sought, I decline the tenant’s application for work order to reseal the driveway, reinstate the back fence by the reserve, installing splashbacks by the kitchen sink or the stove top, or fixing the front fence or the outside shed.
I note that any eventual rotting on the wall by the kitchen sink or the stove top will most likely be due to the lack of splashback, and any deterioration or eventual collapse of the front fence or the outside shed will not be claimable against the tenant. It may be a matter of time and will be something that the landlord should look at fixing for the sake of the landlord and not the tenant. I leave it to the landlord to do the work as the landlord see fit.
The tenant had agreed to continue the maintenance of the grass verge/strip in the driveway. The landlord will need to regularly weed the driveway and maintain the agapanthus. Exemplary damages
The landlord breached his obligation by not maintaining the premises in a reasonable state of repair and not complying with relevant enactment in relation to health and safety and did not provide an adequate means for the collection and storage of water.
The tenant provided evidence of correspondence between the parties. The Tribunal finds that the tenant had been diligent in notifying the landlord of any work that had been required in and around the premises. The landlord would respond by saying the right things but would be unreasonably slow in getting things addressed.
The landlord had arranged for the tenant to do the follow ups with the contractors instead of the landlord doing it himself. The landlord would often put the blame on the contractors involved and not actively follow up with any of the repairs required.
In amongst the conversations between the parties, the landlord had often reminded the tenant that the rent was low to reflect the state of the premises.
Although there had been some repairs here and there over the years, overall the premises had not been maintained to a reasonable state of repair.
The most concerning part of the premises is the water tank.
The water tank had not been cleaned or maintained at all during the 12.5 years of tenancy. It got cleaned for the first time once the tenant made an application to the Tribunal for this hearing.
At the hearing, the landlord could not say how often a water tank should be cleaned or maintained. That showed that the landlord did not even bother to look it up at any point.
Regulation 7 of the Housing Improvement Regulations 1947 states that there shall be in each kitchen an approved sink with a tap connected to an adequate supply of potable water. Potable water means water that is safe to drink and complies with the drinking water standards.
The tenant said that the tenant had been drinking from bottled water due to the state of the water tank. There was a hole by by the cover of the water tank that had been covered by a brick. The cover itself was being held down by a piece of wood. The gutters had not been cleaned and it transpired that the water tank did not even have a filter.
The maximum exemplary damages that can be awarded for this unlawful act is $7,200.00. See section 45(1A) and Schedule 1A RTA.
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) RTA.
I find that the landlord had intentionally engaged in a practice of doing the bare minimum and employing a pattern of doing “too little too late” for maintenance. I find that the landlord had intentionally neglected the maintenance of the premises especially the water tank. This led to the tenant having to live in a substandard premises without safe drinking water for over 12 years. The landlord cannot rely on “lower than market rent” excuse to not maintain the premises to a reasonable standard. There is public interest in ensuring such actions are denounced with appropriate exemplary damages.
I order the landlord to pay the tenant $5,000.00 in exemplary damages. Filing fee reimbursement
Because [The applicant/s] has substantially succeeded with the claim, I order the landlord to reimburse the filing fee of $20.44.

Claims and awards in Tenancy Tribunal application 4671092 — net $5,020.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages: Failing to maintain	$5,000.00	Failing to maintain
Filing fee reimbursement	$20.44	y succeeded with the claim, I order the landlord to reimburse the filing fee of $20.44. J Yi 19 December 2023 _________________________________________________…
Net award	$5,020.44
Total payable by Landlord to Tenant	$5,020.44

Order

The landlord must carry out the following work to the premises, which must be completed by the due date outlined below: a. Obtain a report from a water tank company confirming that the water tank meets the standard required and that the water is safe to drink. This must be obtained by 16 th February 2024. b. Clean and repair the gutters. This must be done by 19 th January 2024. The landlord needs to continue the cleaning and maintenance of the gutters on a regular basis after that. c. Engage in a registered builder to address the draught issues within the premises. This must be completed by 19 th January 2024. The landlord must deal with the builder directly and give notice to the tenant when the builder needs to enter the premises to complete the work as per notice period requirements under the Residential Tenancies Act 1986 (“the RTA”). d. Engage a registered structural engineer to assess the room on the deck and its supporting structure. The engineer must be engaged by 19 th January 2024. If the room and the deck are found to be safe, the room must be insulated as per the insulation requirements under the RTA. All work including insulation installation must be completed by 16 th February 2024. e. Engage a registered builder as agreed with the tenant to assess and get recommendations on the work required for all areas of the deck. The registered builder must be engaged by 22 nd December 2023. Any work required must be done by 29 th March 2024 by a contractor of the landlord’s choice. The deck must be safe to be used by the tenant. f. Weed the driveway and maintain the agapanthus regularly as required. g. Clear the fallen trees from the premises by 16 th February 2024. h. Install extractor fans in the bathroom and the kitchen as per the ventilation requirements of the Healthy Homes Standard (“HHS”). This must be done by 29 th March 2024. i. Engage a registered electrician to inspect the electrical wiring under the stairs and power points in the laundry and the wiring under the deck and outside by the “live wire underground” sign. The electrician must provide confirmation that there are no safety issues and also the wires must be tidied up as required. Further to this, the spotlight on the back deck must be replaced if it is in working order. If not, the spotlight must be decommissioned. This must be done by 22 nd December 2023. j. Engage a carpet professional to repair the frayed carpet where the carpets join up to a standard where the carpet can be deep cleaned without the carpet lifting or fraying away further. This must be done by 29 th March 2024. k. Replace the curtains by 29 th March 2024. l. Engage a roofing specialist to attend and complete a report on the state of the roof. Work must be started by 16 th February 2024 if required. m. Downstairs bathroom vanity cabinet must be sealed so there are no gaps between the bottom of the vanity cabinet and the floor. This must be done by 19 th January 2024. n. The plaster patch work in the bottom corner of the toilet must be completed by 19 th January 2024 by completing any required plastering, sanding and painting. o. Fix the front door handle by 19 th January 2024 so that it does not wobble and cannot be pulled off by force. p. Replace or fix the door handle on the ranch slider by 19 th January 2024.
[The landlord/s] must pay [The tenant/s] $5,020.44 immediately, as per the table below. This is to be paid by way of a rent credit.

Reasons

Both parties attended the hearing on 11 th December 2023.
The tenant applied for work orders, compensation and exemplary damages for breach of quiet enjoyment, failure to maintain the premises to a reasonable standard, breach of HHS and reimbursement of the filing fee.
At the hearing, it was clarified that the claims regarding breach of quiet enjoyment and breach of HHS were not applicable in the circumstances. Therefore, those claims were not considered. Work orders
The tenant claims that the premises was not reasonable maintained by the landlord in breach of section 45 of the RTA.
Under section 45(1) RTA, 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 this obligation, it may make an order for the landlord to carry out the work. See section 78(1)(e) RTA.
Having seen the evidence presented by the tenant in relation to the numerous maintenance issues including not having the water tank cleaned or serviced for
5 years, I find that the premises was not maintained to a reasonable standard.
The landlord agreed to undertake the work as per the work order above. Therefore, I do not make any monetary orders in the alternative to the work order.
Of the work orders sought, I decline the tenant’s application for work order to reseal the driveway, reinstate the back fence by the reserve, installing splashbacks by the kitchen sink or the stove top, or fixing the front fence or the outside shed.
I note that any eventual rotting on the wall by the kitchen sink or the stove top will most likely be due to the lack of splashback, and any deterioration or eventual collapse of the front fence or the outside shed will not be claimable against the tenant. It may be a matter of time and will be something that the landlord should look at fixing for the sake of the landlord and not the tenant. I leave it to the landlord to do the work as the landlord see fit.
The tenant had agreed to continue the maintenance of the grass verge/strip in the driveway. The landlord will need to regularly weed the driveway and maintain the agapanthus. Exemplary damages
The landlord breached his obligation by not maintaining the premises in a reasonable state of repair and not complying with relevant enactment in relation to health and safety and did not provide an adequate means for the collection and storage of water.
The tenant provided evidence of correspondence between the parties. The Tribunal finds that the tenant had been diligent in notifying the landlord of any work that had been required in and around the premises. The landlord would respond by saying the right things but would be unreasonably slow in getting things addressed.
The landlord had arranged for the tenant to do the follow ups with the contractors instead of the landlord doing it himself. The landlord would often put the blame on the contractors involved and not actively follow up with any of the repairs required.
In amongst the conversations between the parties, the landlord had often reminded the tenant that the rent was low to reflect the state of the premises.
Although there had been some repairs here and there over the years, overall the premises had not been maintained to a reasonable state of repair.
The most concerning part of the premises is the water tank.
The water tank had not been cleaned or maintained at all during the 12.5 years of tenancy. It got cleaned for the first time once the tenant made an application to the Tribunal for this hearing.
At the hearing, the landlord could not say how often a water tank should be cleaned or maintained. That showed that the landlord did not even bother to look it up at any point.
Regulation 7 of the Housing Improvement Regulations 1947 states that there shall be in each kitchen an approved sink with a tap connected to an adequate supply of potable water. Potable water means water that is safe to drink and complies with the drinking water standards.
The tenant said that the tenant had been drinking from bottled water due to the state of the water tank. There was a hole by by the cover of the water tank that had been covered by a brick. The cover itself was being held down by a piece of wood. The gutters had not been cleaned and it transpired that the water tank did not even have a filter.
The maximum exemplary damages that can be awarded for this unlawful act is $7,200.00. See section 45(1A) and Schedule 1A RTA.
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) RTA.
I find that the landlord had intentionally engaged in a practice of doing the bare minimum and employing a pattern of doing “too little too late” for maintenance. I find that the landlord had intentionally neglected the maintenance of the premises especially the water tank. This led to the tenant having to live in a substandard premises without safe drinking water for over 12 years. The landlord cannot rely on “lower than market rent” excuse to not maintain the premises to a reasonable standard. There is public interest in ensuring such actions are denounced with appropriate exemplary damages.
I order the landlord to pay the tenant $5,000.00 in exemplary damages. Filing fee reimbursement
Because [The applicant/s] has substantially succeeded with the claim, I order the landlord to reimburse the filing fee of $20.44.

Tenancy Tribunal case 4671092 — Exemplary damages at 54 Zealandia Road, Manly, Whangaparaoa 0930

At a glance

Tenancy Tribunal case 4671092 — Exemplary damages at 54 Zealandia Road, Manly, Whangaparaoa 0930

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