What was Tenancy Tribunal case 4711776 about?

The tribunal order states: [The landlord/s] must pay [The tenant/s] $980.00 immediately, calculated as

How much money was awarded in case 4711776?

Compensation: stress and inconvenien…: $500.00 awarded to tenant; Compensation: use of en-suite and cu…: $480.00 awarded to tenant

What type of tenancy dispute was case 4711776?

The dispute type was not classified.

Where can I read the official tribunal order for case 4711776?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9864029-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4711776 about?

The tribunal order states: [The landlord/s] must pay [The tenant/s] $980.00 immediately, calculated as

How much money was awarded in case 4711776?

Compensation: stress and inconvenien…: $500.00 awarded to tenant; Compensation: use of en-suite and cu…: $480.00 awarded to tenant

What type of tenancy dispute was case 4711776?

The dispute type was not classified.

Where can I read the official tribunal order for case 4711776?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9864029-Tribunal_Order_Redacted.pdf.

86 Travers Road, Te Kauwhata, RD 2, Te Kauwhata 3782 Tenancy Tribunal Case 4711776 — Tenancy dispute

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4711776 — net $980.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: use of en-suite and cupboard	$480.00	use of en-suite and cupboard
Compensation: stress and inconvenience	$500.00	stress and inconvenience
Net award	$980.00
Total payable by Landlord to Tenant	$980.00

[The tenant/s] attended the hearing on 7 November 2023 for the tenants. [The property manager/s] attended for [The property management company] and [The landlord/s] attended by telephone.

I made an order that day recording an agreement reached by the parties during the hearing that the tenancy would terminate at 4:00pm on Monday 13 November 2023.

The tenants also agreed that it was no longer necessary for the Tribunal to determine their claim that the landlords had given a retaliatory notice of termination.

This order decides the tenants’ other applications which relate to the discovery of signs of water damage originating from the en-suite shower (on 8 August 2023) and the main shower (on 28-29 October 2023).

The tenants seek a refund of all rent paid during the tenancy and exemplary damages on the grounds of:- a. a breach of the Healthy Homes Standards (HHS) – see s45(1)(bb) RTA, b. a breach of the landlords’ maintenance obligations – see s45(1)(b) RTA, c. a breach of the landlords’ obligations to comply with all building, health and safety enactments (laws) – s45(1)(c) RTA, d. a breach of contract in that the landlord failed to provide what was promised under the tenancy agreement.

All evidence was heard and received at or before the hearing apart from final evidence from both parties to clarify the amount of compensation already allowed by the landlord in the way of rent reductions. I have taken this additional evidence into account in this compensation decision. Previous proceedings

There have been previous proceedings between the parties [applications 4352321 and 4386460] in which compensation was awarded to the tenants related to ongoing leaks from the side of the en-suite shower.

I said in the previous decision: The en-suite shower leak: There was a leak from the side of the en-suite shower which caused water to pool on the bathroom floor. The evidence shows that multiple repair attempts from mid 2020 through until late 2022 failed to resolve the problem. A successful repair (where the silicon was fully removed and replaced) was completed in early 2023. The tenants did the right thing by continuing to advise the landlord that the problem was unresolved as any ongoing leak can cause water damage to the surrounding walls and floors. I note that the older roller shower doors have been mentioned as a possible maintenance issue. I award $450.00 for loss of amenity.

I accept that this is a new claim about damage only discovered after the previous proceedings were heard. Chronology of events

12.2019Tenancy begins Mid 2020 to late 2022Multiple repair attempts to solve leaks from en-suite shower

08.2022Tenants make previous application to Tribunal regarding multiple maintenance concerns including leak from en- suite shower Early 2023Tenants report that leaks have stopped after silicon around shower is fully removed and replaced

6.2023Final hearing in previous proceedings

8.2023Tenants email landlord that the wall between en-suite bathroom and the next-door bedroom is “wet as, stinks etc”.

9.2023En-suite shower is removed. Mould and water damage is visible on walls and the bottom horizontal framing along the floor (“the bottom plate”) where shower had been.

9.2023Landlord serves tenants with notice to terminate the tenancy on the grounds that premises are to be put on the market for sale and extensive renovations are to be done. Termination date is 19.12.2023.

10.2023Tribunal order issued awarding compensation in previous proceedings

10.2023Tenants make this application to Tribunal

10.2023Tenants email agent to advise they have discovered mould and moisture on a wall and in a cupboard adjoining the shower in the main bathroom. They also give 28 days’ notice to terminate the tenancy saying the extent of mould and moisture ingress results in facilities being unusable. Termination date is 26.11.2023.

11.2023Tribunal hearing in this matter

11.2023Tenancy to terminate by consent This application

The tenants’ submission is that there must have been a leak or defect with the en-suite shower since near the start of their tenancy and that this means the landlord has breached the Healthy Homes Standards and the tenancy agreement. They say that the mould and moisture mean the home is unhealthy and caused them to become ill. Has the landlord breached the Healthy Homes Standards (HHS)?

The landlord included a statement in the tenancy agreement that it would comply with the healthy homes standards (HHS) by 1 July 2021. 1

The HHS are specific compliance requirements for heating in the main living area, ceiling and underfloor insulation, ventilation from windows and bathroom and kitchen extractor fans, draught stopping, an efficient drainage system and a moisture prevention barrier under the house.

The tenants did not refer to any of the specific HHS in their evidence or show that any of these had been breached.

The landlord provided a HHS compliance report (dated 5 September 2023) which states that an inspection was conducted on 23 March 2021 and that the premises at that time complied with all HHS.

In my assessment, none of the specific HHS are relevant to the problems discovered with the two showers in the premises. Neither is there any evidence that the HHS have been breached by the landlord. I dismiss this claim.

Has the landlord failed to comply with any building, health and safety laws?

The tenants referred in their application to a failure by the landlord to comply with building, health and safety requirements but did not refer to any specific laws that they believe the landlord has breached.

I agree that the discovery of mould and rotting framing behind the en-suite shower indicates a failure to prevent internal moisture which is one of the performance standards in the Building Code. 2 The tenants referred to this in an email to the landlord’s agent 3 after the en-suite shower was removed. It is probable that there has also been a failure in the main bathroom (mouldy carpet and wall in the cupboard on the other side of the main shower wall).

However, there is no evidence that the work done to install the showers was done without a building consent or otherwise breached the law. The council has not issued a notice to fix so the landlord is not in breach in this way.

There is no evidence of a breach of any building, health or safety laws by the landlord. I dismiss this claim. 1 The landlord was not legally required to comply as this tenancy started before 1 July 2021. 2 Building Code E3 – Internal moisture 3 Tenant Bundle 1, reference 22. Email dated 7/09/2023.

Has the landlord breached its maintenance obligations?

A landlord has an obligation to provide and maintain the tenancy premises in a reasonable state of repair; s45(1)(b) RTA.

A tenant has a statutory duty to advise of any defects and a landlord should be given a reasonable opportunity to remedy the defect before being held to be in breach of its duty.

Evidence from photographs, moisture readings, and emails (including from the landlord’s builder and a council building inspector) establishes that there is moisture damage to framing timber behind the en-suite shower and mould growth on the wall and in the cupboard through the wall from the main shower.

However, no one knew of the hidden mould and moisture damage behind the en-suite shower or of a potential problem with the main shower until these became visible.

The tenants say that there were ongoing leaks and mould in the silicone of the en-suite shower and that the landlord did not fix or investigate these properly. They say that, if they had been, the hidden problem behind the shower may have been discovered earlier.

However, there is no evidence linking the earlier leaks with the problems behind the en-suite shower. Even if I consider this has been shown to be “more probable than not”, there is no professional advice or opinion in the evidence to say that the landlord should have removed the en-suite shower earlier or taken other steps. The evidence does not show that the landlord ignored other signs of problems behind the shower.

Once the tenants reported the moisture in the adjacent room, the landlord took action. A plumber was sent to investigate a week later (16 August 2023) and recommended the shower be replaced. This was ordered the following week. The old shower was removed on 5 September 2023 however the new shower was not installed during the tenancy.

The landlord has a view that this delay was the fault of the tenants, saying that they sent away a builder who had been arranged to come with the plumber. My review of the communication satisfies me that the tenants were justified in raising the concerns and questions that they did. The delay is not their fault.

The tenants wanted to ensure that all mould and moisture affected materials were to be removed and that any work would be done by someone suitably qualified to do so. 4 They also asked that any mould be tested or contained and said that two of the family had become ill after the mould was exposed. The emails show the landlord as reluctant to engage with these questions, so the tenants arranged for an inspection by a council building inspector. The inspector 4 Tenant Bundle 1 at N and Z. confirmed that although building consent is not required for the repairs, the work to replace the affected framing timber must be done by a “suitably qualified person” 5 and the council property file updated accordingly.

A landlord might think that a tenant has no right to interfere in their maintenance decisions. In general, this is correct as the property owner can decide how to best maintain their asset. However, a tenant lives in the premises. I consider it is relevant for them to ask questions where these affect their health, safety and the future use of the premises.

I find that the landlord did fail in its maintenance obligations regarding remediation of the en-suite shower by not taking the tenants’ concerns about mould and workmanship seriously.

I do not find a maintenance breach relating to the main shower because there had been no previous indication of a problem. The tenancy ended soon after this discovery.

The parties did communicate about a reduction in rent during the time that these issues were discovered. The landlord has already allowed a total of $420.00 in rent reductions. 6

I consider this insufficient compensation for the loss of use of the en-suite for the last 10 weeks of the tenancy. There was some loss of use of the bedroom next door which was affected by mould and damp for at least some of that time. Also, the tenants described trying to keep doors shut and mould contained due to health concerns.

I award an additional $380.00 compensation which brings total rent reductions to $800.00 and equates to a rent reduction of $80.00 per week over ten weeks. I also award $100.00 for loss of use of the cupboard affected by mould for the last two weeks.

I accept that two of the tenants experienced respiratory complaints and skin issues after the en-suite shower was removed. I do not award additional compensation as there was no documented medical or expert evidence to link these with the mould, but I do mention it. Mould can cause health issues and must be taken seriously especially when there are pre-existing health conditions, or someone is sensitive to it.

I do not award exemplary damages because the landlord did not know that water was entering the walls behind the showers so could not have intentionally allowed this to continue. 5 Tenant Bundle 1 at Z, attachment 31. 6 $50 deduction from rent for the week of 11/9/2023, $50 for 17/09/2023, $40 for 9/10/2023, $40 for 17/10/2023, $80 for each of 23/10/2023, 30/10/2023, and 7/11/2023.

Is the landlord in breach of the tenancy contract?

A tenancy is a contract. A landlord has specific obligations required under the law and is also obliged to provide what it has promised under the contract.

The tenants say that they have not received a safe, healthy home as they are entitled to.

I have awarded compensation for loss of use of the en-suite and cupboard in the section above.

The Tribunal is also able to award general damages or compensation for less tangible loss such as distress and inconvenience. I find that this is relevant in this case.

The landlord had given notice to end the tenancy for valid reasons. The tenants were entitled to be able to plan to vacate in mid-December 2023. However, these new issues with both showers in the house, and the mould in the en-suite, the adjacent bedroom, and in a storage cupboard, resulted in the tenants deciding they could not wait this long. They took urgent steps to vacate. Prior to this, they had been validly persistent in arguing that the en-suite shower repairs should be thorough, they had arranged the council inspector themselves, and they were prudent to keep asking how mould would be managed and contained.

The stress and inconvenience they experienced is relevant.

I note that the landlord did agree to an end-date for the tenancy which is 13 days earlier than the date given by the tenants in their 28-day notice. This is a concession worth $1,049.28 if rent had been required in lieu of notice. This was the right thing for the landlord to do given that both showers in the house were affected at this point.

I award an additional $500.00 in general compensation for the stress and inconvenience suffered by the tenants due to the problems with the showers and the mould resulting in the tenancy ending suddenly. Filing fee and suppression of names

I make no award for the filing fee as both parties had valid points to make.

I award suppression of both parties’ names as this is consistent with the previous proceedings.

Reasons

Claims and awards in Tenancy Tribunal application 4711776 — net $980.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: use of en-suite and cupboard	$480.00	use of en-suite and cupboard
Compensation: stress and inconvenience	$500.00	stress and inconvenience
Net award	$980.00
Total payable by Landlord to Tenant	$980.00

[The tenant/s] attended the hearing on 7 November 2023 for the tenants. [The property manager/s] attended for [The property management company] and [The landlord/s] attended by telephone.

I made an order that day recording an agreement reached by the parties during the hearing that the tenancy would terminate at 4:00pm on Monday 13 November 2023.

The tenants also agreed that it was no longer necessary for the Tribunal to determine their claim that the landlords had given a retaliatory notice of termination.

I accept that this is a new claim about damage only discovered after the previous proceedings were heard. Chronology of events

12.2019Tenancy begins Mid 2020 to late 2022Multiple repair attempts to solve leaks from en-suite shower

6.2023Final hearing in previous proceedings

8.2023Tenants email landlord that the wall between en-suite bathroom and the next-door bedroom is “wet as, stinks etc”.

9.2023En-suite shower is removed. Mould and water damage is visible on walls and the bottom horizontal framing along the floor (“the bottom plate”) where shower had been.

10.2023Tribunal order issued awarding compensation in previous proceedings

10.2023Tenants make this application to Tribunal

11.2023Tribunal hearing in this matter

11.2023Tenancy to terminate by consent This application

The landlord included a statement in the tenancy agreement that it would comply with the healthy homes standards (HHS) by 1 July 2021. 1

The tenants did not refer to any of the specific HHS in their evidence or show that any of these had been breached.

The landlord provided a HHS compliance report (dated 5 September 2023) which states that an inspection was conducted on 23 March 2021 and that the premises at that time complied with all HHS.

Has the landlord failed to comply with any building, health and safety laws?

Has the landlord breached its maintenance obligations?

A landlord has an obligation to provide and maintain the tenancy premises in a reasonable state of repair; s45(1)(b) RTA.

A tenant has a statutory duty to advise of any defects and a landlord should be given a reasonable opportunity to remedy the defect before being held to be in breach of its duty.

However, no one knew of the hidden mould and moisture damage behind the en-suite shower or of a potential problem with the main shower until these became visible.

I find that the landlord did fail in its maintenance obligations regarding remediation of the en-suite shower by not taking the tenants’ concerns about mould and workmanship seriously.

I do not find a maintenance breach relating to the main shower because there had been no previous indication of a problem. The tenancy ended soon after this discovery.

The parties did communicate about a reduction in rent during the time that these issues were discovered. The landlord has already allowed a total of $420.00 in rent reductions. 6

Is the landlord in breach of the tenancy contract?

A tenancy is a contract. A landlord has specific obligations required under the law and is also obliged to provide what it has promised under the contract.

The tenants say that they have not received a safe, healthy home as they are entitled to.

I have awarded compensation for loss of use of the en-suite and cupboard in the section above.

The Tribunal is also able to award general damages or compensation for less tangible loss such as distress and inconvenience. I find that this is relevant in this case.

The stress and inconvenience they experienced is relevant.

I make no award for the filing fee as both parties had valid points to make.

I award suppression of both parties’ names as this is consistent with the previous proceedings.

Tenancy Tribunal case 4711776 — Tenancy dispute at 86 Travers Road, Te Kauwhata, RD 2, Te Kauwhata 3782

At a glance

Tenancy Tribunal case 4711776 — Tenancy dispute at 86 Travers Road, Te Kauwhata, RD 2, Te Kauwhata 3782

At a glance

Award balance

Claims & awards

Order

Reasons

Has the landlord failed to comply with any building, health and safety laws?

Has the landlord breached its maintenance obligations?

Is the landlord in breach of the tenancy contract?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Has the landlord failed to comply with any building, health and safety laws?

Has the landlord breached its maintenance obligations?

Is the landlord in breach of the tenancy contract?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions