What was Tenancy Tribunal case 4706173 about?

The tribunal order states: Click Property Management Limited - As Agent For Carlton & Sarah Johnstone

How much money was awarded in case 4706173?

Compensation: Loss Of Amenity: $775.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4706173?

The dispute type was not classified.

Where can I read the official tribunal order for case 4706173?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9764283-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4706173 about?

The tribunal order states: Click Property Management Limited - As Agent For Carlton & Sarah Johnstone

How much money was awarded in case 4706173?

Compensation: Loss Of Amenity: $775.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4706173?

The dispute type was not classified.

Where can I read the official tribunal order for case 4706173?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9764283-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4706173 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4706173 — net $795.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: loss of amenity	$775.00	loss of amenity
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$795.44
Total payable by Landlord to Tenant	$795.44

Both parties attended the hearing.

The landlord was represented by Ms Dunlop and Ms Wilson.

[The affected tenant] appeared as she is the tenant seeking compensation due to her room being affected during the tenancy. Her claim is for compensation for loss of amenity. The other two tenants have been in contact with the Tribunal to advise that they are happy for [The affected tenant] to bring this claim in their absence and that they do not wish to attend.

On 21 March 2023 a tree fell onto the property and made a hole in the roof of the bedroom occupied by [The affected tenant]. The bedroom itself is in the roof space and so the hole appears on the sloping roof/wall area. [The affected tenant] was in the room at the time and was understandably shaken by the incident.

The tenant provided photos to the Tribunal showing the tree having fallen onto the roof from the outside together with photos from the inside showing a hole right through the roof with ripped jib and insulation visible.

The landlord took immediate steps to attend at the property and effected a temporary repair. The landlord has already compensated the tenants for a short period (3 days in [The affected tenant]’s case) while a temporary repair was made. The landlord also fixed a deck that was damaged and installed a dryer as the washing line had also been damaged.

The outside of the roof was patched and a temporary repair was made to the inside. The landlord produced a document showing that a builder had nailed the jib back into place and had fixed ply over the area, which was then taped using insulation tape. The tenant provided photos of the area.

[The affected tenant] says that she was paying $190 per week in rent (being her share of the total rent of $570) but that she was not getting what she had contracted for. Instead of an intact roof area in her room she had a taped ply area, which she did not feel was secure, and at night she could hear the wind through that area and felt that the room was colder than it otherwise would have. The area was not properly repaired until 30 November 2023.

Ms Dunlop explained that the landlord had taken all possible steps to repair the area as soon as possible but that there were delays with the landlord’s insurer due to other weather events around the country and because the type of roof required a specialist roofer with limited availability. The landlord tried to book the roofer for the end of October 2023 (which would have meant the roof would have been repaired 30 October 2023) but this was not convenient for the tenants and so ultimately it was repaired on 30 November 2023.

Having heard from both parties I consider that the ply area was in fact secure but I accept that there should be some rent reduction to reflect the fact that [The affected tenant]’s room remained affected, that the area was obviously patched, and that there was some additional noise. In making an order for compensation I do not find fault on the part of the landlord. I simply find that the tenant should be compensated for the loss of amenity during the time that the temporary repair was in place.

Taking into account the number of total rooms, the overall amenity of the other rooms in the house (kitchen, lounge and dining, bathroom) the type of room (the fact that this was a room in the roof space meant that the hole was effectively on a wall rather than the roof), and the issues experienced by the tenant, in my view appropriate compensation is $25 per week from 27 March 2023 (the first week having already been compensated) until 30 October 2023, the date on which the landlord initially wanted to repair the area (a period of 31 weeks). I do not consider that the landlord should have to compensate the tenant for the additional month as the work was delayed so as not to inconvenience the tenants.

Because [The applicant/s] has substantially succeeded with the claim (even if not to the level of compensation sought) I have reimbursed the filing fee. I have also suppressed the tenants’ names and identifying details pursuant to Section 95A of the Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 4706173 — net $795.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: loss of amenity	$775.00	loss of amenity
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$795.44
Total payable by Landlord to Tenant	$795.44

Order

Click Property Management Limited - As Agent For Carlton & Sarah Johnstone must pay [The tenant/s] $795.44 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing.
The landlord was represented by Ms Dunlop and Ms Wilson.
[The affected tenant] appeared as she is the tenant seeking compensation due to her room being affected during the tenancy. Her claim is for compensation for loss of amenity. The other two tenants have been in contact with the Tribunal to advise that they are happy for [The affected tenant] to bring this claim in their absence and that they do not wish to attend.
On 21 March 2023 a tree fell onto the property and made a hole in the roof of the bedroom occupied by [The affected tenant]. The bedroom itself is in the roof space and so the hole appears on the sloping roof/wall area. [The affected tenant] was in the room at the time and was understandably shaken by the incident.
The tenant provided photos to the Tribunal showing the tree having fallen onto the roof from the outside together with photos from the inside showing a hole right through the roof with ripped jib and insulation visible.
The landlord took immediate steps to attend at the property and effected a temporary repair. The landlord has already compensated the tenants for a short period (3 days in [The affected tenant]’s case) while a temporary repair was made. The landlord also fixed a deck that was damaged and installed a dryer as the washing line had also been damaged.
The outside of the roof was patched and a temporary repair was made to the inside. The landlord produced a document showing that a builder had nailed the jib back into place and had fixed ply over the area, which was then taped using insulation tape. The tenant provided photos of the area.
[The affected tenant] says that she was paying $190 per week in rent (being her share of the total rent of $570) but that she was not getting what she had contracted for. Instead of an intact roof area in her room she had a taped ply area, which she did not feel was secure, and at night she could hear the wind through that area and felt that the room was colder than it otherwise would have. The area was not properly repaired until 30 November 2023.
Ms Dunlop explained that the landlord had taken all possible steps to repair the area as soon as possible but that there were delays with the landlord’s insurer due to other weather events around the country and because the type of roof required a specialist roofer with limited availability. The landlord tried to book the roofer for the end of October 2023 (which would have meant the roof would have been repaired 30 October 2023) but this was not convenient for the tenants and so ultimately it was repaired on 30 November 2023.
Having heard from both parties I consider that the ply area was in fact secure but I accept that there should be some rent reduction to reflect the fact that [The affected tenant]’s room remained affected, that the area was obviously patched, and that there was some additional noise. In making an order for compensation I do not find fault on the part of the landlord. I simply find that the tenant should be compensated for the loss of amenity during the time that the temporary repair was in place.
Taking into account the number of total rooms, the overall amenity of the other rooms in the house (kitchen, lounge and dining, bathroom) the type of room (the fact that this was a room in the roof space meant that the hole was effectively on a wall rather than the roof), and the issues experienced by the tenant, in my view appropriate compensation is $25 per week from 27 March 2023 (the first week having already been compensated) until 30 October 2023, the date on which the landlord initially wanted to repair the area (a period of 31 weeks). I do not consider that the landlord should have to compensate the tenant for the additional month as the work was delayed so as not to inconvenience the tenants.
Because [The applicant/s] has substantially succeeded with the claim (even if not to the level of compensation sought) I have reimbursed the filing fee. I have also suppressed the tenants’ names and identifying details pursuant to Section 95A of the Residential Tenancies Act 1986.

Tenancy Tribunal case 4706173 — Tenancy dispute

At a glance

Tenancy Tribunal case 4706173 — Tenancy dispute

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