What was Tenancy Tribunal case 4707472 about?

The tribunal order states: The tenant’s application is dismissed.

How much money was awarded in case 4707472?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4707472?

The primary dispute was Mould & damp. Related themes: State of repair, Healthy homes, Leaks.

Where can I read the official tribunal order for case 4707472?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9743243-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4707472 about?

The tribunal order states: The tenant’s application is dismissed.

How much money was awarded in case 4707472?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4707472?

The primary dispute was Mould & damp. Related themes: State of repair, Healthy homes, Leaks.

Where can I read the official tribunal order for case 4707472?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9743243-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4707472 — Mould & damp

Tenantcheck Insights

Reasons

The tenant attended the hearing. Ms Timpson, Ms Winder and Ms Elliot attended for the landlord.

The tenant has applied for a work order requiring the landlord to prevent mould from affecting the bedroom walls of the premises. Law

Landlords must maintain the premises in a reasonable state of repair and comply with requirements in respect of buildings, health and safety under any enactment so far as they apply to the premises.

It is a requirement that residential premises are free of damp.

The applicant is required to establish the claim to the civil law standard of proof which means proving the claim on the balance of probabilities. Proving something on the balance of probabilities means proving that it is more likely than not to be true. Background

The landlord is, among other things, a social housing provider. In this case they took a lease of the premises in 2020 and sublet them to the tenant from September 2022. The previous tenant occupied the premises for 20 months without any maintenance issues arising.

In March 2023, the tenant complained about mould appearing on the walls of her bedroom. She produced photographs showing the mould on the walls and the landlord accepts that there was a problem.

Two of the bedroom walls are fully external walls and one is partially external. The premises were constructed in the 1950s using cinder blocks for the walls. They were painted on the exterior and lined with Gib board on the interior.

In conjunction with the owner, the landlord set about investigating the situation. They found that there was some deterioration of masonry edging around windows which could have been allowing water to penetrate the walls. That was repaired but it did not prevent the mould appearing on the inside of the walls.

After consultation with the owner and a builder, it was decided to construct insulated false walls to the affected interior walls of the bedroom. Battens were fixed to the walls and PIR (polyisocyanurate) insulation installed between the battens. The walls were then lined with Gib, sealed and painted.

The tenant, reluctantly, allowed the work to be done. She did not agree that it would resolve the problem because it did not address the underlying cause of the mould. She was also concerned because the insulation material did not appear to be in new condition, and she believed that some black material on it was mould. Photographs show that the insulation does not appear to be in new, off the shelf, condition, and it did appear to be stained in places but not extensively. Without testing, it is not possible to say whether it was mould.

Since the insulation and lining was installed in September, there has been no sign of dampness or mould on the walls. But the tenant remains concerned about water ingress and mould behind the new linings and she says that she has continued to suffer from nasal problems that she relates to the presence of mould. She described having a dry, burning and stinging nose and also a runny nose. She confirmed that she does suffer from hay fever.

There is a small area of the bedroom where the lining has not been completed. The landlord has tried to arrange its completion, but the tenant has not permitted it. She said that she did not agree that the work will solve the problem and so she is not willing to allow the completion work. I note that having allowed much of the work to be done, it seems sensible to allow it to be completed. Discussion and Decision

The landlord accepts that the remedial work that has been undertaken is unlikely to have addressed the underlying problem. It is likely to be a temporary solution. But they believe that it will resolve the problem, at least for the time being. They are completing a housing development in Christchurch early in the new year, and they wish to offer the tenant one of the units there. The tenant is not keen on moving away from the area that she has become used to.

Dampness and mould are issues that are brought to this Tribunal frequently, and they can be problematic to resolve. As a rule, a tenant must be able to provide evidence that the problem arises from a breach by the landlord of their obligations in relation to the condition of the premises. That could be a failure to maintain the premises allowing water or moisture to enter the premises, or a breach of one of the more specific obligations such as providing proper drainage or ventilation.

In this case, the cause of the mould appearing is unclear. If water or moisture is entering the bedroom from outside, the cause of that has not been identified and it is not obvious. The tenant has not produced any expert evidence that could establish a defect that a work order could then address. The tenant said that she simply wanted the landlord to fix the problem, not cover it up. But a work order requiring the landlord to fix the problem would leave them in an invidious position. They believe that they have acted reasonably to resolve the problem, and they would feel at a loss to know what more they can do.

In my view the landlord has acted reasonably to address the problem. It may not be a permanent fix, but I am satisfied that, on the balance of probabilities, it has resolved the problem for the time being. Given the specifications of the insulating material that has been installed – it is described as water repellent and mould resistant – there should not be mould present in the bedroom to cause the tenant any adverse health effects. If mould should reappear in the room, the landlord will have to investigate its cause and take appropriate action.

I note that the insurance claims arising from earthquake damage to the premises have not been settled and it may be that a permanent solution will arise from that process. That may entail substantial structural work or even demolition of the premises.

I find that the tenant has not proved that the landlord has failed to comply with their obligations in relation to the condition of the premises and therefore there is no basis on which to make a work order or to provide any other remedy to the tenant. Her application is therefore dismissed. Suppression

The tenant has applied for name suppression. Because she has not succeeded, there is no presumption that it should be granted. But I find that the tenant has made this application genuinely believing that the landlord has been at fault and that there appeared to be reasonable grounds to do so. It would therefore be unfair to the tenant to name her in this order and no public interest would be served in doing so. I have therefore granted her name suppression.

Reasons

The tenant attended the hearing. Ms Timpson, Ms Winder and Ms Elliot attended for the landlord.

The tenant has applied for a work order requiring the landlord to prevent mould from affecting the bedroom walls of the premises. Law

Landlords must maintain the premises in a reasonable state of repair and comply with requirements in respect of buildings, health and safety under any enactment so far as they apply to the premises.

It is a requirement that residential premises are free of damp.

In March 2023, the tenant complained about mould appearing on the walls of her bedroom. She produced photographs showing the mould on the walls and the landlord accepts that there was a problem.

Tenancy Tribunal case 4707472 — Mould & damp

At a glance

Tenancy Tribunal case 4707472 — Mould & damp

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions