What was Tenancy Tribunal case 4688810 about?

The tribunal order states: BY CONSENT - Team Group Rentals Limited As Agent For Dimos John

How much money was awarded in case 4688810?

Compensation: Three weeks and three…: $1,715.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Rent Owed From 11 August - 2 Novembe…: $3,520.00 awarded to landlord

What type of tenancy dispute was case 4688810?

The dispute type was not classified.

Where can I read the official tribunal order for case 4688810?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9601430-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4688810 about?

The tribunal order states: BY CONSENT - Team Group Rentals Limited As Agent For Dimos John

How much money was awarded in case 4688810?

Compensation: Three weeks and three…: $1,715.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Rent Owed From 11 August - 2 Novembe…: $3,520.00 awarded to landlord

What type of tenancy dispute was case 4688810?

The dispute type was not classified.

Where can I read the official tribunal order for case 4688810?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9601430-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4688810 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4688810 — net $1,784.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent owed from 11 August - 2 November 2023	$3,520.00		Rent owed from 11 August - 2 November 2023
Compensation: Three weeks and three days of rent while		$1,715.00	Three weeks and three days of rent while
Filing fee reimbursement		$20.44	Filing fee reimbursement
Total award	$3,520.00	$1,735.44
Net award	$1,784.56
Total payable by Tenant to Landlord	$1,784.56

Claims and awards in Tenancy Tribunal application 4688810 — net $1,784.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent owed from 11 August - 2 November 2023	$3,520.00		Rent owed from 11 August - 2 November 2023
Compensation: Three weeks and three days of rent while		$1,715.00	Three weeks and three days of rent while
Filing fee reimbursement		$20.44	Filing fee reimbursement
Total award	$3,520.00	$1,735.44
Net award	$1,784.56
Total payable by Tenant to Landlord	$1,784.56

Order

BY CONSENT - Team Group Rentals Limited As Agent For Dimos John Gougoulas is granted possession of the premises at [Tenancy address suppressed] at 11.59 pm on Thursday 2 November 2023.
[The tenant/s] must pay Team Group Rentals Limited As Agent For Dimos John Gougoulas $1,784.56 immediately, calculated as shown in table below:
All other claims are dismissed.

Reasons

Both parties attended the hearing. This tenancy started in August 2023 and the tenants moved out about a month later. The problem was a leak from a hole in the exterior cladding at ground level, which was apparent when the tenants moved in. Initially the landlord thought the problem came from a blocked drain, but significant building work was needed to repair the exterior. The carpet was also replaced. The parties have not been able to decide if the fixed term tenancy should end.
The tenants’ application was for reduction of the fixed term tenancy and for compensation and exemplary damages because of the leaks and a lack of maintenance. The landlord also filed a claim for rent arrears and termination of the tenancy. At the end of the hearing the parties agreed the tenancy would end. I have not dealt with the claim for the bond because the tenancy is about to end, and the bond can be refunded by consent once the final inspection is carried out. The questions I have to decide are: • Should the landlord pay exemplary damages? • Should the landlord pay more compensation? • Do the tenants owe rent?

Should the landlord pay exemplary damages?

The tenants claim the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 (RTA). Under section 45, a landlord must provide the premises in a reasonable state of cleanliness and 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 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.
This is the tenants’ claim to prove. I have heard the evidence from both parties and considered the documents provided at the hearing. The tenants submitted that the landlord failed to provide a house free from maintenance, but there is no requirement under the RTA for landlords to provide a house free from maintenance. I am also persuaded that the landlord had the number of smaller repairs completed in a reasonable time.
The tenants submitted the house smelled so strongly of mould that the landlord should have been on notice to check further. However, I am not persuaded by the tenants’ evidence that the landlord knew about the mould, the hole in the exterior or the blocked drain. The evidence from the property manager that the house smelled of Janola when she did the property condition report the day before the tenancy started is credible. I do not find the landlord acted intentionally and the claim for exemplary damages is dismissed.

Should the landlord pay more compensation?

Even though there was no unlawful act by the landlord, there was a loss of amenity, namely a dry and mould free home. The tenants have claimed $2400 in compensation because they were living in the lounge, they found it hard to cook with the strong smell of damp, and because of the stress of dealing with the landlord and the contractors. One of the tenants had to withdraw from a university course, and around $900 of the claim is reimbursement for the course fee.
The landlord reduced the weekly rent from $620 to $500 for the duration of the tenancy. This was arranged in September because the landlord acknowledged there was significant building work to be done. The tenancy lasted 12 weeks and 12 x $120 is $1440. I have considered the evidence provided by both parties, and the photos. I find this is a reasonable amount of compensation for the ongoing inconvenience and loss of amenity.
The tenants submitted that the unit was not habitable while the repairs were carried out. They had mostly moved out by then but were still being charged rent for the unit. They provided photos of the repair work. The landlord provided a copy of the building invoice. I can see from the invoice that work started on 19 September and there were many people on site until 12 October 2023. The repair cost for the builder’s part of the repair is more than $16,000. I am persuaded by the tenants’ submission that there would have been noise and dust and people inside the unit for those three weeks and two days. The tenants would have struggled to live there or work from home. I also agree that the tenants should not have to pay rent for the day the new carpet was installed. I allow an additional $1715 as compensation while the work was carried out for loss of amenity and inconvenience.

Do the tenants owe rent?

The landlord has applied for rent arrears and has provided rent records which prove the amount owing. I have calculated the rent owed to 2 November 2023 and deducted the compensation. Other orders
I find the order for compensation to carry more weight than the order for rent arrears so I have reimbursed the filing fee, finding the tenants to be the most successful party.
The tenants have made an application for suppression. I am using my discretion to allow suppression because of the particular circumstances of the tenancy, and I find there is no public interest in the tenants being named.

Tenancy Tribunal case 4688810 — Tenancy dispute

At a glance

Tenancy Tribunal case 4688810 — Tenancy dispute

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Should the landlord pay exemplary damages?

Should the landlord pay more compensation?

Do the tenants owe rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Should the landlord pay exemplary damages?

Should the landlord pay more compensation?

Do the tenants owe rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions