What was the outcome of Tenancy Tribunal case 4693592?

The tribunal order states: Suzie Yuen must pay Natalia Antipova and Yuri Antipova $1,520.44

How much money was awarded in case 4693592?

Compensation: Heating: $1,500.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4693592?

The dispute type was not classified.

Where can I read the official tribunal order for case 4693592?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9673145-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4693592?

The tribunal order states: Suzie Yuen must pay Natalia Antipova and Yuri Antipova $1,520.44

How much money was awarded in case 4693592?

Compensation: Heating: $1,500.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4693592?

The dispute type was not classified.

Where can I read the official tribunal order for case 4693592?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9673145-Tenancy_Tribunal_Order.pdf.

134A Hugh Green Drive, Pinehill, Auckland 0632 Tenancy Tribunal Case 4693592 — Tenancy dispute

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Order

Claims and awards in Tenancy Tribunal application 4693592 — net $1,520.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Heating	$1,500.00	Heating
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,520.44
Total payable by Landlord to Tenant	$1,520.44

Suzie Yuen must pay Natalia Antipova and Yuri Antipova $1,520.44 immediately, as set out in the table below.

The landlord must carry out the following work to the premises, which must be completed by 8 December 2023: a. Repair the dishwasher (by a professional contractor) b. Install a heater (by a registered electrician).

As an alternative to compliance with Order 2, the landlord must pay the tenant $500.00 immediately.

If the landlord fails to comply with either Order 2 or 3 above, then the tenant may undertake the work and charge the landlord the costs of this work up to $1000.00. These costs may be set off against rent payable.

All other claims are dismissed.

Reasons

Both parties attended the hearing. Each had a family member act as a representative. A Cantonese interpreter was present but not required so by agreement left halfway through the hearing.

The tenant applied for a work order, for breach of the Healthy Homes standards (in relation to heating and drainage) and for compensation. The tenant also raised the issue of the landlord failing to give notice prior to entry.

The landlord applied for an order granting possession of the tenancy.

The tenancy began on 23 November 2020 and was initially for a fixed term to 23 November 2021 but is now a periodic tenancy. Tenant application

The tenant claims that the landlord did not fix the dishwasher. The tenant wants the problem fixed.

During the hearing the tenant raised the issue of the absence of heating. The landlord thought that the tenant did not want the heater offered but the tenant wanted a heater professionally installed.

The landlord should have an adequate heater installed by a professional.

Under section 45(1)(a) - (ca) Residential Tenancies Act 1986, 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 any of these obligations, it may make an order for the landlord to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.

If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order. This provision does not apply to any work order, or part of a work order, in relation to smoke alarms, insulation, a failure to comply with a standard of fitness under section 120C Health Act 1956, or a failure to comply with any health or safety legislative requirement. See sections 78(2) and 78(2AA) Residential Tenancies Act 1986.

A work order may also authorise the tenant to undertake the work and charge the landlord the costs of doing the work, if the landlord should fail to comply with the work order and alternative monetary order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be set off by the tenant against rent payable. See sections 78(2AAB) and 78(2AAC)(b) Residential Tenancies Act 1986.

Has the landlord failed to comply with their obligations?

The tenant notified the landlord on 4 May 2023 that the dishwasher was not working. Sometime later the landlord attended and demonstrated how to use the dishwasher. The tenant had used the dishwasher for the proceeding two years prior so said that the issue was not how to use the dishwasher. The tenant says that the issue was that none of the buttons would work. After the landlord attended the dishwasher worked intermittently but also there were times when it didn’t work.

The landlord did not employ a professional to assess whether there were any issues with the dishwasher. There is correspondence from the landlord saying that they were looking for a replacement dishwasher. The dishwasher needs to be assessed to see whether it needs repair and if it does, then the landlord should carry out the repair or replace the dishwasher.

At the beginning of the tenancy the landlord said that a heat pump would be installed. This did not occur, and no heater was installed. The landlord said at the hearing that the tenant did not want the heater offered to be installed because it was not adequate, but the tenant said he wanted it to be installed by a registered electrician.

The heater should be installed by a registered electrician.

The tenants have lived for three winters in a tenancy without heating. The Housing Improvement Regulations 1947 set out the minimum standards that apply to premises, including: “6.Every living room shall be fitted with a fireplace and chimney or other approved form of heating.”

The tenants are elderly and should have had a heater supplied by the landlord. I consider that the tenants should be compensated for the lack of heating. I have awarded the tenants $500.00 for each winter that they had no heating which is a total of $1,500.00.

The tenant had claimed in respect of the Healthy Homes standards. As this tenancy commenced on 23 November 2020 the Healthy Homes compliance date is 1 July 2025. As the compliance date is in the future the landlord has not breached the standards and therefore that part of the tenant’s claim is dismissed. Landlord’s application

The landlord applied for a possession order on the basis that they had given the tenant 90 days’ notice for the tenancy to end.

On 25 June 2023 the landlord served the tenant with notice that the tenancy would end on 23 September 2023. The reason given for the notice was that the landlord wanted to carry out extensive alterations.

At the hearing the landlord advised that the extensive alterations involved installation of a heat pump and insulation together with earth works. The landlord had commenced the earth works early in the tenancy, but it had not been completed due to issues with their contractor. There is no apparent reason why this work cannot be carried out while the tenants remain living at the tenancy.

The same applies with installation of the heat pump. This does not require the tenants to vacate. In relation to the insulation the landlords are not aware of what insulation is required and it may be that no further insulation needs to be installed to meet the insulation standard under the Healthy Homes regulations.

On the evidence the work intended to be carried out by the landlord does not amount to extensive alterations and therefore the notice given to the tenants to vacate the premises is not valid. As the notice is not valid a possession order cannot be made. The landlord’s application for a possession order is dismissed. Other matters

At the hearing some other issues were raised by the parties which I will provide direction to assist with moving forward.

There had been some difficulty with communication between the parties. Both the landlord and tenant are elderly and are supported by their children who had authority to represent them at the hearing. For communication with the tenant, it is suggested that the landlord (or her representative) email the tenant with any notice required and follow this with a text to the tenant’s representative (their son).

The tenant raised the issue of payment for water. Although this was not included in the tenant’s application, I thought it helpful to provide some direction. I refer the parties to section 39(4) Residential Tenancies Act. If this matter is not resolved an application can be made to the Tribunal.

The landlord gave notice of a rent increase, and it seems that this is valid and will take effect from Friday 24 November 2023.

The landlord indicated that going forward, and due to insurance requirements, inspections will be carried out either every two or three months.

Because Natalia Antipova, Yuri Antipova has substantially succeeded with the claim I have reimbursed the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4693592 — net $1,520.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Heating	$1,500.00	Heating
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,520.44
Total payable by Landlord to Tenant	$1,520.44

Suzie Yuen must pay Natalia Antipova and Yuri Antipova $1,520.44 immediately, as set out in the table below.

As an alternative to compliance with Order 2, the landlord must pay the tenant $500.00 immediately.

All other claims are dismissed.

Reasons

Both parties attended the hearing. Each had a family member act as a representative. A Cantonese interpreter was present but not required so by agreement left halfway through the hearing.

The landlord applied for an order granting possession of the tenancy.

The tenancy began on 23 November 2020 and was initially for a fixed term to 23 November 2021 but is now a periodic tenancy. Tenant application

The tenant claims that the landlord did not fix the dishwasher. The tenant wants the problem fixed.

During the hearing the tenant raised the issue of the absence of heating. The landlord thought that the tenant did not want the heater offered but the tenant wanted a heater professionally installed.

The landlord should have an adequate heater installed by a professional.

Under section 45(1)(a) - (ca) Residential Tenancies Act 1986, the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements.

Has the landlord failed to comply with their obligations?

The heater should be installed by a registered electrician.

The landlord applied for a possession order on the basis that they had given the tenant 90 days’ notice for the tenancy to end.

At the hearing some other issues were raised by the parties which I will provide direction to assist with moving forward.

The landlord gave notice of a rent increase, and it seems that this is valid and will take effect from Friday 24 November 2023.

The landlord indicated that going forward, and due to insurance requirements, inspections will be carried out either every two or three months.

Because Natalia Antipova, Yuri Antipova has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4693592 — Tenancy dispute at 134A Hugh Green Drive, Pinehill, Auckland 0632

At a glance

Tenancy Tribunal case 4693592 — Tenancy dispute at 134A Hugh Green Drive, Pinehill, Auckland 0632

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions