What was Tenancy Tribunal case 4675811 about?

The tribunal order states: The Tribunal orders suppression of the names and identifying details.

How much money was awarded in case 4675811?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4675811?

The primary dispute was Rent arrears. Related themes: State of repair, Mould & damp, Leaks.

Where can I read the official tribunal order for case 4675811?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9494590-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4675811 about?

The tribunal order states: The Tribunal orders suppression of the names and identifying details.

How much money was awarded in case 4675811?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4675811?

The primary dispute was Rent arrears. Related themes: State of repair, Mould & damp, Leaks.

Where can I read the official tribunal order for case 4675811?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9494590-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4675811 — Rent arrears

Tenantcheck Insights

Reasons

Both parties attended the hearing.

The four tenants are in a fixed term tenancy due to end in February 2024. They are no longer in a financial position to continue with the tenancy. They applied to the Tribunal for the reduction of the fixed term tenancy and for compensation because of mould and damp in the house. The parties have worked together and new tenants have been found. The last day of this tenancy is 29 October 2023. The tenants withdrew their claim for reduction of the fixed term at the hearing.

The tenants acknowledged that the rent will fall behind by $280 each week until the end of the tenancy. This is because one of their flatmates has moved overseas and can no longer afford to pay his share of the rent. The tenants know this is not ideal and would like the rent arrears to be taken from the bond when the tenancy ends. This is a reasonable solution. They understand they are jointly and severally liable for any rent arears. In other words, they are all responsible for any rent owed at the end of the tenancy, regardless of who stopped paying.

We heard evidence about the compensation claim. Applicants to the Tribunal are required to establish the claim to the civil law standard of proof, on the balance of probabilities. This means the tenants have to prove their claim.

The tenants consider the landlord has breached its obligations under section 45 of the Residential Tenancies Act 1986 (RTA). This section requires the landlord to provide and maintain the premises in a reasonable state of repair. The tenants said there is mould in the house despite their best efforts to wipe condensation off windows and to ventilate the house each day. In particular, there is mould on some skylights and mould in the bedrooms. Two of the tenants have health issues, and they have claimed compensation for some medical equipment and personal belongings damaged by mould.

The tenants asked the landlord for help with the mould. The landlord arranged for a business called [Redacted] to attend and I have seen a copy of the reporting email sent to the landlord. The email states that moisture readings were done and there is no sign of water ingress – in other words he did not find any evidence of leaks. He said the house backs onto a hill and gets limited sun. He believed condensation caused the mould, and that this could be remedied by ventilating the house and wiping any wet windows.

I find the landlord has the best evidence here. The tenants have not proved there has been a breach by the landlord. The claim for compensation is dismissed.

I note my advice at the hearing that the tenants do not have to clean the skylights or the ceilings at the end of the tenancy. Removing mould from ceilings and from skylights between tenancies is a landlord maintenance issue.

I have used my discretion and allowed suppression for both parties. This is because no orders have been made against the tenants and parties are encouraged to use the Tribunal to resolve disputes. See section 95A RTA.

Reasons

Both parties attended the hearing.

I find the landlord has the best evidence here. The tenants have not proved there has been a breach by the landlord. The claim for compensation is dismissed.

Tenancy Tribunal case 4675811 — Rent arrears

At a glance

Tenancy Tribunal case 4675811 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions