What was Tenancy Tribunal case 4693109 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $1,929.23 immediately, as shown in

How much money was awarded in case 4693109?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,381.43 awarded to landlord; Water Rates: $407.36 awarded to landlord

What type of tenancy dispute was case 4693109?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4693109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10079624-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4693109 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $1,929.23 immediately, as shown in

How much money was awarded in case 4693109?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,381.43 awarded to landlord; Water Rates: $407.36 awarded to landlord

What type of tenancy dispute was case 4693109?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4693109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10079624-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4693109 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4693109 — net $1,929.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,381.43	Rent arrears
Water rates	$407.36	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,929.23
Total payable by Tenant to Landlord	$1,929.23

Both parties attended the hearing. [The landlord’s representative/s], the agent for the landlord and [The tenant/s].

This is a rural property with 5 bedrooms and 3 living areas with 4 bathrooms. The premises have been managed by the agent for about 7 years. [The tenant/s] rented the premises through [an online] ad as another tenant wanted to break the lease. The tenancy started on 14 March 2023 and was vacated on 4 December 2023.

[The tenant/s] claims compensation and exemplary damages for the following: (a) There was a burst water pipe and property was not fixed in time. (b) There was mould in a bathroom and downstairs bedroom which caused her children to be unwell with strep throat. (Healthy Homes breach).

[The landlord’s representative/s] claims there is: (a)rent owing at the end of the tenancy. (b) water usage owing at the end of the tenancy. (c)[The tenant/s] did not update her phone details as required. (c) reimbursement of the filing fee. Tenant’s Claim

[The tenant/s] said there was a burst water pipe that caused a bathroom and walk in wardrobe unusable. She said she had to stay in emergency housing for a few days.

[The landlord’s representative/s] says once informed of a leak she took immediate steps to rectify the matter by contacting a plumber. Due to [The tenant/s] having changed her number it was difficult but the problem was fixed within 24 hours.

While the issue was looked into, a rent rebate was offered to the tenant of $150.00 a week for 7 weeks. [The tenant/s] in an email thanks the agent for the rebate and the matter being resolved.

I am satisfied this issue was addressed appropriately at the time and the claim is dismissed.

In relation to mould causing illness, [The landlord’s representative/s] provided extensive photographs of the start, during and end of the tenancy showing no mould in most of the premises, especially the ceilings. [The tenant/s] provided some photographs which show some insects and mildew. The downstairs bathroom was not previously ventilated, but was so within a month of [The tenant/s] moving into the premises.

Having heard from both parties and considered the evidence provided, I am satisfied there is no breach of the Healthy Homes Standards that took place.

Despite a letter from a doctor, I am satisfied the letter is based on inaccurate information provided by the tenant to the doctor. I am also satisfied no link can be attributed to the children’s illness to a minimal amount of mildew evidence provided.

Outstanding work on the premises to bring it up to Healthy Homes standard appears to have been carried out in a reasonable manner and timeframe despite police information that advised no tradespeople to enter the property for a period of time during this tenancy.

This claim is also dismissed. Landlord’s claims

[The landlord’s representative/s] has provided rent records and water invoices showing the amount owing by [The tenant/s]. I am satisfied of the amounts owing as awarded in the order.

[The landlord’s representative/s] wants the Tribunal to address the issue of [The tenant/s] being penalised for not providing her updated phone details.

There were many other issues impacting this tenancy which affected [The tenant/s] and her children, leading her to seek emergency accommodation for a time. Though [The tenant/s] agreed she did breach her obligation to provide updated contact details to the agent (Section 16 Residential Tenancies Act 1986), I do not consider imposing any penalty for this action is warranted.

Because [The tenant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Having considered the factors of this case, the nature of the tenancy and concerns due to children involved, I grant name suppression to the tenant, landlord and details of the tenancy. Section 95A(4) Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 4693109 — net $1,929.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,381.43	Rent arrears
Water rates	$407.36	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,929.23
Total payable by Tenant to Landlord	$1,929.23

Order

[The tenant/s] must pay [The landlord/s] $1,929.23 immediately, as shown in the table below:

Reasons

Both parties attended the hearing. [The landlord’s representative/s], the agent for the landlord and [The tenant/s].
This is a rural property with 5 bedrooms and 3 living areas with 4 bathrooms. The premises have been managed by the agent for about 7 years. [The tenant/s] rented the premises through [an online] ad as another tenant wanted to break the lease. The tenancy started on 14 March 2023 and was vacated on 4 December 2023.
[The tenant/s] claims compensation and exemplary damages for the following: (a) There was a burst water pipe and property was not fixed in time. (b) There was mould in a bathroom and downstairs bedroom which caused her children to be unwell with strep throat. (Healthy Homes breach).
[The landlord’s representative/s] claims there is: (a)rent owing at the end of the tenancy. (b) water usage owing at the end of the tenancy. (c)[The tenant/s] did not update her phone details as required. (c) reimbursement of the filing fee. Tenant’s Claim
[The tenant/s] said there was a burst water pipe that caused a bathroom and walk in wardrobe unusable. She said she had to stay in emergency housing for a few days.
[The landlord’s representative/s] says once informed of a leak she took immediate steps to rectify the matter by contacting a plumber. Due to [The tenant/s] having changed her number it was difficult but the problem was fixed within 24 hours.
While the issue was looked into, a rent rebate was offered to the tenant of $150.00 a week for 7 weeks. [The tenant/s] in an email thanks the agent for the rebate and the matter being resolved.
I am satisfied this issue was addressed appropriately at the time and the claim is dismissed.
In relation to mould causing illness, [The landlord’s representative/s] provided extensive photographs of the start, during and end of the tenancy showing no mould in most of the premises, especially the ceilings. [The tenant/s] provided some photographs which show some insects and mildew. The downstairs bathroom was not previously ventilated, but was so within a month of [The tenant/s] moving into the premises.
Having heard from both parties and considered the evidence provided, I am satisfied there is no breach of the Healthy Homes Standards that took place.
Despite a letter from a doctor, I am satisfied the letter is based on inaccurate information provided by the tenant to the doctor. I am also satisfied no link can be attributed to the children’s illness to a minimal amount of mildew evidence provided.
Outstanding work on the premises to bring it up to Healthy Homes standard appears to have been carried out in a reasonable manner and timeframe despite police information that advised no tradespeople to enter the property for a period of time during this tenancy.
This claim is also dismissed. Landlord’s claims
[The landlord’s representative/s] has provided rent records and water invoices showing the amount owing by [The tenant/s]. I am satisfied of the amounts owing as awarded in the order.
[The landlord’s representative/s] wants the Tribunal to address the issue of [The tenant/s] being penalised for not providing her updated phone details.
There were many other issues impacting this tenancy which affected [The tenant/s] and her children, leading her to seek emergency accommodation for a time. Though [The tenant/s] agreed she did breach her obligation to provide updated contact details to the agent (Section 16 Residential Tenancies Act 1986), I do not consider imposing any penalty for this action is warranted.
Because [The tenant/s] has wholly succeeded with the claim I must reimburse the filing fee.
Having considered the factors of this case, the nature of the tenancy and concerns due to children involved, I grant name suppression to the tenant, landlord and details of the tenancy. Section 95A(4) Residential Tenancies Act 1986.

Tenancy Tribunal case 4693109 — Rent arrears

At a glance

Tenancy Tribunal case 4693109 — Rent arrears

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