What was Tenancy Tribunal case 4696156 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4696156?

Ed-Term Tenancy Of [The Tenant/S] At…: $2,700.00 awarded to landlord

What type of tenancy dispute was case 4696156?

The primary dispute was Rent arrears. Related themes: State of repair, Healthy homes, Exemplary damages, Mould & damp, Boarding House.

Where can I read the official tribunal order for case 4696156?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10048011-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4696156 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4696156?

Ed-Term Tenancy Of [The Tenant/S] At…: $2,700.00 awarded to landlord

What type of tenancy dispute was case 4696156?

The primary dispute was Rent arrears. Related themes: State of repair, Healthy homes, Exemplary damages, Mould & damp, Boarding House.

Where can I read the official tribunal order for case 4696156?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10048011-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4696156 — Rent arrears

Claims and awards in Tenancy Tribunal application 4696156. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends as at 20 August 2023. 4. The b	$2,700.00		ed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends as at 20 August 2023. 4. The b

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
The landlord party name is changed to record [The landlord/s].
The term of the fixed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends as at 20 August 2023.
The bond of $2700 has been refunded to the landlord in settlement of all outstanding claims.

Reasons

Both parties attended the hearing. The tenant attended by telephone from overseas.
The landlord provided proof of the landlord change of name which was notified to the tenant on 30 September 2022. Accordingly, the landlord party name is changed as recorded in order 2.
The tenant seeks the following: • Release of bond. • The tenant disputes the amount of water rates. The tenant agrees that $508.62 is owing by her. • Breach of the healthy homes standards as they apply to heating and exemplary damages for the breach. • Failure to maintain and exemplary damages for the breach. • Release from the fixed term tenancy – the tenant wishes to be released as of 20 August 2023. • Reimbursement of the filing fee.
The landlord seeks the following: • Rent arrears. • Water rates. • Release of the bond – the landlord is holding the bond.

How much is owed for water rates?

The tenant vacated the premises on 20 August 2023. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy. The tenant disputed the final invoice of $179.61 which was significantly higher than previous invoices and claimed this may not be exclusively attributable to her use as others came on the land in preparation for the development of the premises. The landlord claimed the discrepancy was due to the previous three invoices being estimates. Having considered the history of the tenant’s water bills throughout the tenancy this invoice is clearly high even taking in to account the previous three months being estimates. Therefore, the final invoice will be reduced to $100 and the total owed by the tenant is $608.62.

Has the landlord breached Healthy Homes Standards?

[The tenant/s] claims that the landlord has breached the landlord’s obligations under section 45(1)(bb) of the Residential Tenancies Act 1986 (RTA), which requires compliance with the Residential Tenancies (Healthy Homes Standards) 2019 (HHS). [The tenant/s] considers that the landlord has failed to comply with the HHS heating standard.
Compliance dates for the HHS vary depending on the tenancy: a. All private rentals must comply within 90 days of any new or renewed tenancy after 1 July 2021, with all private rentals complying by 1 July 2024. b. All boarding houses must comply by 1 July 2021. c. All houses rented by Kāinga Ora and registered Community Housing Providers must comply by 1 July 2023.
The heating standard requires landlords to provide one or more ‘qualifying heaters’, with a capacity to heat the room to a required level. The heating standard defines what a qualifying heater would be and confirms that certain types of heaters are unacceptable heaters for the purpose of the HHS.
The landlord provided the premises with a compliant heat pump. Therefore, the Healthy Homes Standards have not been breached.

Has the landlord breached their obligations under section 45 of the RTA?

[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must 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 Residential Tenancies Act 1986.
The tenant claimed that the landlord failed to repair the heat pump in a reasonable time when it stopped working and failed to remedy mould issues at the premises.
The heat pump stopped blowing hot air in July 2023. The tenant notified the landlord by text message on Monday 31 July 2023. On Friday 4 August 2023 the property manager advised that a contractor would attend to investigate. An invoice dated 6 August 2023 was supplied. On 15 August 2023 the property manager advised that the contractor would return the following week to repair the heat pump.
The tenant advised that she was without a heater for three weeks during a cold time of year and that this affected her elderly mother’s health.
The landlord acknowledged this and stated that they needed to send the quote to the owner to get approval before proceeding with the repair.
I find that there was a delay in repair but this was not intentional.
The landlord agreed to some rent reduction to compensate for the three weeks that the tenant was without a heat pump.
The tenant provided photographs of mould. The landlord stated that the mould was in the bathroom which had a compliant fan and also a heat lamp.
The tenant did not notify the landlord of the mould until 15 August 2023 and moved out on 20 August 2023 which did not give the landlord time to remedy the issue. Accordingly, I find that there has been no breach by the landlord.

Should the tenant be released from the fixed term tenancy?

The tenant has applied for reduction of the fixed-term tenancy due to end on 24 September 2023.
The Tribunal may reduce a fixed term tenancy where: there has been an unforeseen change in the applicant’s circumstances; and there would be severe hardship to the applicant if the term is not reduced; and the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986.
There has been an unforeseen change in the tenant's circumstances. The tenant stated that two issues arose. Firstly, she was unaware prior to the tenancy commencing that the premises were being developed after her tenancy. She discovered this after moving in and there was resulting stress as people came to the section to perform soil testing and do other work preparing for the development. Secondly, her mother who has dementia became unwell and when she was unwell the Rest Home who provided daytime care would not care for her, resulting in the tenant needing to take unpaid time off. This resulted in her struggling to afford the rent. Her partner then offered to pay for them all to move to [overseas].
The tenant would suffer severe hardship if the term of the tenancy were not reduced. The tenant explained her financial hardship and the need to be released from the tenancy.
The landlord would suffer hardship if the term is reduced. The property manager explained that due to the premises being developed in October 2023 the landlord was not able to get another tenant for a short term resulting in loss of rental income.
I find that the tenant’s hardship would be greater than the landlord’s hardship and grant a reduction of the fixed term to end the tenancy on 20 August 2023.
Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986. Rent arrears, compensation and bond refund
The landlord sought rent arrears to the end of the fixed term in the sum of $3567.86 and provided a rent summary.
I award compensation to the landlord for the reduction in the fixed term, taking into account the circumstances of the tenancy ending, a rent reduction for the delay in repairing the heat pump, the loss of rent to the landlord and the water rates owed by the tenant and find that an amount equivalent to the bond, being $2700.00, is reasonable compensation for all outstanding matters.
The bond has already been refunded to the landlord.
Both parties agreed to the bond being retained by the landlord in settlement of all claims. Filing fee/suppression
Because both parties have had some success with their claims I make no order regarding reimbursement of either filing fee and suppress the identifying details of all parties in the order as applied for. See sections 102(4) and 95A(1) Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 4696156. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends as at 20 August 2023. 4. The b	$2,700.00		ed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends as at 20 August 2023. 4. The b

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
The landlord party name is changed to record [The landlord/s].
The term of the fixed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends as at 20 August 2023.
The bond of $2700 has been refunded to the landlord in settlement of all outstanding claims.

Reasons

Both parties attended the hearing. The tenant attended by telephone from overseas.
The landlord provided proof of the landlord change of name which was notified to the tenant on 30 September 2022. Accordingly, the landlord party name is changed as recorded in order 2.
The tenant seeks the following: • Release of bond. • The tenant disputes the amount of water rates. The tenant agrees that $508.62 is owing by her. • Breach of the healthy homes standards as they apply to heating and exemplary damages for the breach. • Failure to maintain and exemplary damages for the breach. • Release from the fixed term tenancy – the tenant wishes to be released as of 20 August 2023. • Reimbursement of the filing fee.
The landlord seeks the following: • Rent arrears. • Water rates. • Release of the bond – the landlord is holding the bond.

How much is owed for water rates?

The tenant vacated the premises on 20 August 2023. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy. The tenant disputed the final invoice of $179.61 which was significantly higher than previous invoices and claimed this may not be exclusively attributable to her use as others came on the land in preparation for the development of the premises. The landlord claimed the discrepancy was due to the previous three invoices being estimates. Having considered the history of the tenant’s water bills throughout the tenancy this invoice is clearly high even taking in to account the previous three months being estimates. Therefore, the final invoice will be reduced to $100 and the total owed by the tenant is $608.62.

Has the landlord breached Healthy Homes Standards?

[The tenant/s] claims that the landlord has breached the landlord’s obligations under section 45(1)(bb) of the Residential Tenancies Act 1986 (RTA), which requires compliance with the Residential Tenancies (Healthy Homes Standards) 2019 (HHS). [The tenant/s] considers that the landlord has failed to comply with the HHS heating standard.
Compliance dates for the HHS vary depending on the tenancy: a. All private rentals must comply within 90 days of any new or renewed tenancy after 1 July 2021, with all private rentals complying by 1 July 2024. b. All boarding houses must comply by 1 July 2021. c. All houses rented by Kāinga Ora and registered Community Housing Providers must comply by 1 July 2023.
The heating standard requires landlords to provide one or more ‘qualifying heaters’, with a capacity to heat the room to a required level. The heating standard defines what a qualifying heater would be and confirms that certain types of heaters are unacceptable heaters for the purpose of the HHS.
The landlord provided the premises with a compliant heat pump. Therefore, the Healthy Homes Standards have not been breached.

Has the landlord breached their obligations under section 45 of the RTA?

[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must 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 Residential Tenancies Act 1986.
The tenant claimed that the landlord failed to repair the heat pump in a reasonable time when it stopped working and failed to remedy mould issues at the premises.
The heat pump stopped blowing hot air in July 2023. The tenant notified the landlord by text message on Monday 31 July 2023. On Friday 4 August 2023 the property manager advised that a contractor would attend to investigate. An invoice dated 6 August 2023 was supplied. On 15 August 2023 the property manager advised that the contractor would return the following week to repair the heat pump.
The tenant advised that she was without a heater for three weeks during a cold time of year and that this affected her elderly mother’s health.
The landlord acknowledged this and stated that they needed to send the quote to the owner to get approval before proceeding with the repair.
I find that there was a delay in repair but this was not intentional.
The landlord agreed to some rent reduction to compensate for the three weeks that the tenant was without a heat pump.
The tenant provided photographs of mould. The landlord stated that the mould was in the bathroom which had a compliant fan and also a heat lamp.
The tenant did not notify the landlord of the mould until 15 August 2023 and moved out on 20 August 2023 which did not give the landlord time to remedy the issue. Accordingly, I find that there has been no breach by the landlord.

Should the tenant be released from the fixed term tenancy?

The tenant has applied for reduction of the fixed-term tenancy due to end on 24 September 2023.
The Tribunal may reduce a fixed term tenancy where: there has been an unforeseen change in the applicant’s circumstances; and there would be severe hardship to the applicant if the term is not reduced; and the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986.
There has been an unforeseen change in the tenant's circumstances. The tenant stated that two issues arose. Firstly, she was unaware prior to the tenancy commencing that the premises were being developed after her tenancy. She discovered this after moving in and there was resulting stress as people came to the section to perform soil testing and do other work preparing for the development. Secondly, her mother who has dementia became unwell and when she was unwell the Rest Home who provided daytime care would not care for her, resulting in the tenant needing to take unpaid time off. This resulted in her struggling to afford the rent. Her partner then offered to pay for them all to move to [overseas].
The tenant would suffer severe hardship if the term of the tenancy were not reduced. The tenant explained her financial hardship and the need to be released from the tenancy.
The landlord would suffer hardship if the term is reduced. The property manager explained that due to the premises being developed in October 2023 the landlord was not able to get another tenant for a short term resulting in loss of rental income.
I find that the tenant’s hardship would be greater than the landlord’s hardship and grant a reduction of the fixed term to end the tenancy on 20 August 2023.
Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986. Rent arrears, compensation and bond refund
The landlord sought rent arrears to the end of the fixed term in the sum of $3567.86 and provided a rent summary.
I award compensation to the landlord for the reduction in the fixed term, taking into account the circumstances of the tenancy ending, a rent reduction for the delay in repairing the heat pump, the loss of rent to the landlord and the water rates owed by the tenant and find that an amount equivalent to the bond, being $2700.00, is reasonable compensation for all outstanding matters.
The bond has already been refunded to the landlord.
Both parties agreed to the bond being retained by the landlord in settlement of all claims. Filing fee/suppression
Because both parties have had some success with their claims I make no order regarding reimbursement of either filing fee and suppress the identifying details of all parties in the order as applied for. See sections 102(4) and 95A(1) Residential Tenancies Act 1986.

Tenancy Tribunal case 4696156 — Rent arrears

At a glance

Tenancy Tribunal case 4696156 — Rent arrears

At a glance

Claims & awards

Order

Reasons

How much is owed for water rates?

Has the landlord breached Healthy Homes Standards?

Has the landlord breached their obligations under section 45 of the RTA?

Should the tenant be released from the fixed term tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for water rates?

Has the landlord breached Healthy Homes Standards?

Has the landlord breached their obligations under section 45 of the RTA?

Should the tenant be released from the fixed term tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions