What was the outcome of Tenancy Tribunal case 4677269?

The tribunal order states: Mark & Fran Nixon partnership must pay Christopher Lee Carter and Soo Yeon

How much money was awarded in case 4677269?

Compensation: $760.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4677269?

The primary dispute was Healthy homes. Related themes: Compensation.

Where can I read the official tribunal order for case 4677269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9558602-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4677269?

The tribunal order states: Mark & Fran Nixon partnership must pay Christopher Lee Carter and Soo Yeon

How much money was awarded in case 4677269?

Compensation: $760.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4677269?

The primary dispute was Healthy homes. Related themes: Compensation.

Where can I read the official tribunal order for case 4677269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9558602-Tenancy_Tribunal_Order.pdf.

Unit 4, 146 Bassett Road, Remuera, Auckland 1050 Tenancy Tribunal Case 4677269 — Healthy homes

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Unit 4, 146 Bassett Road, Remuera, Auckland 1050 Tenancy Tribunal Case 4677269 — Healthy homes | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4677269. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Compensation for loss of amenity	$760.00		Compensation for loss of amenity
Filing fee reimbursement	$20.44		Filing fee reimbursement

Claims and awards for application 4677269. Verify on MoJ.

Compensation for loss of amenity

Amount: $760.00
Awarded to: Landlord
Reason: Compensation for loss of amenity

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Compensation Filing Fee

Order

Mark & Fran Nixon partnership must pay Christopher Lee Carter and Soo Yeon Jung $780.44 immediately.

Reasons

Christopher Carter attended the hearing for the tenants.
Brooke Grant and Wenzi Lu attended for Barfoot & Thompson, the landlords’ property management agents. Background
The premises are a well-appointed modern three-bedroom unit near the bush by Newmarket Park.
The tenants share the premises with two flatmates.
The premises have four heat pumps – one in the living room, and one in each of the bedrooms. Unfortunately, when the tenancy began on 30 June 2023, none of the heat pumps was working.
The landlord accepted responsibility for getting the heat pumps fixed and had the original installation technician attend to them because the units were still under warranty.
The property manager offered the tenants temporary replacement heaters, but the tenants already had their own heaters so the property manager’s offer was declined.
The units were repaired on 7 September 2023. Issue for determination
The landlords do not dispute liability. They have already offered a cash settlement. The only issue that arises is quantification of the tenants’ loss of amenity in the premises due to the heat pumps not working.

What amount should be ordered for loss of amenity?

The lack of working heat pumps was during winter, the time when they would be most needed.
Mr Carter produced evidence that the unit’s temperature would regularly drop to 15 degrees Celsius at night without heating. Mr Carter also says that if the heat pumps had been working, the tenants would have used their dehumidifying function as well as the heating mode.
The tenants and their flatmates used heaters but found the living room difficult to warm, so it was chilly there at times even when they used their electric heaters.
The heat pumps would have provided convenient, efficient, and economical heating and dehumidifying had they worked. The tenants were paying full rent for that amenity. They should not have had to supply their own compromise substitute (or accept the property manager’s substitute).
I set the tenants’ loss of amenity at 8 per cent, being made up of 5 per cent for lack of the living room heat pump and one percent for each of the bedroom heat pumps.
The weekly deduction from the rent of $950.00 per week is $76.00. The starting date for the deduction is the first day of the tenancy. The end date is the date the heat pumps were repaired – a period of 10 weeks. Filing fee
The tenants are substantially successful in their claim. The Tribunal directs the landlords to reimburse them for the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4677269. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Compensation for loss of amenity	$760.00		Compensation for loss of amenity
Filing fee reimbursement	$20.44		Filing fee reimbursement

Claims and awards for application 4677269. Verify on MoJ.

Compensation for loss of amenity

Amount: $760.00
Awarded to: Landlord
Reason: Compensation for loss of amenity

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Compensation Filing Fee

Order

Mark & Fran Nixon partnership must pay Christopher Lee Carter and Soo Yeon Jung $780.44 immediately.

Reasons

Christopher Carter attended the hearing for the tenants.
Brooke Grant and Wenzi Lu attended for Barfoot & Thompson, the landlords’ property management agents. Background
The premises are a well-appointed modern three-bedroom unit near the bush by Newmarket Park.
The tenants share the premises with two flatmates.
The premises have four heat pumps – one in the living room, and one in each of the bedrooms. Unfortunately, when the tenancy began on 30 June 2023, none of the heat pumps was working.
The landlord accepted responsibility for getting the heat pumps fixed and had the original installation technician attend to them because the units were still under warranty.
The property manager offered the tenants temporary replacement heaters, but the tenants already had their own heaters so the property manager’s offer was declined.
The units were repaired on 7 September 2023. Issue for determination
The landlords do not dispute liability. They have already offered a cash settlement. The only issue that arises is quantification of the tenants’ loss of amenity in the premises due to the heat pumps not working.

What amount should be ordered for loss of amenity?

The lack of working heat pumps was during winter, the time when they would be most needed.
Mr Carter produced evidence that the unit’s temperature would regularly drop to 15 degrees Celsius at night without heating. Mr Carter also says that if the heat pumps had been working, the tenants would have used their dehumidifying function as well as the heating mode.
The tenants and their flatmates used heaters but found the living room difficult to warm, so it was chilly there at times even when they used their electric heaters.
The heat pumps would have provided convenient, efficient, and economical heating and dehumidifying had they worked. The tenants were paying full rent for that amenity. They should not have had to supply their own compromise substitute (or accept the property manager’s substitute).
I set the tenants’ loss of amenity at 8 per cent, being made up of 5 per cent for lack of the living room heat pump and one percent for each of the bedroom heat pumps.
The weekly deduction from the rent of $950.00 per week is $76.00. The starting date for the deduction is the first day of the tenancy. The end date is the date the heat pumps were repaired – a period of 10 weeks. Filing fee
The tenants are substantially successful in their claim. The Tribunal directs the landlords to reimburse them for the filing fee.

Tenancy Tribunal case 4677269 — Healthy homes at Unit 4, 146 Bassett Road, Remuera, Auckland 1050

At a glance

Tenancy Tribunal case 4677269 — Healthy homes at Unit 4, 146 Bassett Road, Remuera, Auckland 1050

At a glance

Claims & awards

Order

Reasons

What amount should be ordered for loss of amenity?

Topics & place

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

What amount should be ordered for loss of amenity?

Topics & place

Key findings

Property management

Frequently asked questions