What was Tenancy Tribunal case 4715230 about?

The tribunal order states: Auckland Property Management Limited as agent for the Vipond Trust must pay

How much money was awarded in case 4715230?

APM’S Loss From End Of Fixed Term Te…: $791.20 awarded to landlord; Compensation: $565.50 awarded to tenant; Compensation: $99.00 awarded to tenant; Compensation for loss of amenity: ma…: $5,664.65 awarded to tenant; Lawns and Garden Work: $276.00 awarded to landlord; Property Damage: $1,930.75 awarded to tenant; Rent Arrears: $4,735.71 awarded to landlord; Replace Cupboard 50 Percent: $63.87 awarded to landlord; Water Rates: $26.31 awarded to landlord

What type of tenancy dispute was case 4715230?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4715230?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10437034-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4715230 about?

The tribunal order states: Auckland Property Management Limited as agent for the Vipond Trust must pay

How much money was awarded in case 4715230?

APM’S Loss From End Of Fixed Term Te…: $791.20 awarded to landlord; Compensation: $565.50 awarded to tenant; Compensation: $99.00 awarded to tenant; Compensation for loss of amenity: ma…: $5,664.65 awarded to tenant; Lawns and Garden Work: $276.00 awarded to landlord; Property Damage: $1,930.75 awarded to tenant; Rent Arrears: $4,735.71 awarded to landlord; Replace Cupboard 50 Percent: $63.87 awarded to landlord; Water Rates: $26.31 awarded to landlord

What type of tenancy dispute was case 4715230?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4715230?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10437034-Tribunal_Order_Redacted.pdf.

6 Floyd Road, Riverhead, Riverhead 0820 Tenancy Tribunal Case 4715230 — Property damage

Claims and awards in Tenancy Tribunal application 4715230 — net $2,366.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
APM’s loss from end of fixed term tenancy	$791.20		APM’s loss from end of fixed term tenancy
Water rates	$26.31		Water rates
Replace cupboard 50 percent	$63.87		Replace cupboard 50 percent
Lawns and garden work	$276.00		Lawns and garden work
Rent arrears to 23 October 2023	$4,735.71		Rent arrears to 23 October 2023
Compensation for new curtains		$565.50	Compensation for new curtains
Compensation for new cistern cover		$99.00	Compensation for new cistern cover
Compensation for loss of amenity: master, second		$5,664.65	Compensation for loss of amenity: master, second
Compensation for carpet replacement		$1,930.75	Compensation for carpet replacement
Total award	$5,893.09	$8,259.90
Net award		$2,366.81
Bond		$3,400.00
Total payable by Landlord to Tenant		$2,366.81

Claims and awards in Tenancy Tribunal application 4715230 — net $2,366.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
APM’s loss from end of fixed term tenancy	$791.20		APM’s loss from end of fixed term tenancy
Water rates	$26.31		Water rates
Replace cupboard 50 percent	$63.87		Replace cupboard 50 percent
Lawns and garden work	$276.00		Lawns and garden work
Rent arrears to 23 October 2023	$4,735.71		Rent arrears to 23 October 2023
Compensation for new curtains		$565.50	Compensation for new curtains
Compensation for new cistern cover		$99.00	Compensation for new cistern cover
Compensation for loss of amenity: master, second		$5,664.65	Compensation for loss of amenity: master, second
Compensation for carpet replacement		$1,930.75	Compensation for carpet replacement
Total award	$5,893.09	$8,259.90
Net award		$2,366.81
Bond		$3,400.00
Total payable by Landlord to Tenant		$2,366.81

Order

Auckland Property Management Limited as agent for the Vipond Trust must pay [the tenant] $2,366.81 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,400.00 ([Bond number suppressed]) to [the tenant] immediately.

Reasons

The tenant attended the hearing in person.
Katrin Katafiasz attended the hearing for the landlord’s agent.
The tenant claims the landlord did not provide the premises in a reasonable state of repair, did not maintain the premises in a reasonable state of repair, and failed to comply with the Healthy Homes Standards (HHS). For remedy, he seeks reimbursement for repairs he paid for and compensation for loss of amenity in the premises due to the disrepair.
The landlord claims for rent arrears, water arrears, costs for the tenant breaking the fixed-term tenancy early, and a cupboard and net curtains that were missing at the end of the tenancy. For remedy, the landlords seeks the arrears, and compensation. Background
The tenancy began on 23 December 2022 and was for a fixed term due to end on 14 January 2004.
The tenant moved in as planned but moved out to new premises in late August 2023 at his wife’s insistence. Regrettably, the tenant did not tell the property manager he had moved out until 3 October 2023. Once alerted that the tenant had moved out, the property manager soon re-tenanted the premises on 21 October 2023, so the tenancy ended on that date.
The tenant says the move out was due to unhealthy conditions his family endured in during the tenancy. He accepts he viewed the premises prior to applying to rent it. However, he says the landlord’s furniture was still in premises so he could not easily see some of its faults, and the house was being cleaned up, so he thought it would be well suited to his family.
The tenant moved into the premises with his pregnant wife and two young children just before Christmas on 23 December 2022. However, they immediately found the home to be unexpectedly draughty, musty, and mouldy. The children’s bedrooms were acceptable, but the tenant and his wife found the master bedroom and the other large bedroom uninhabitable. They slept in the lounge instead.
Desperate to improve their living conditions, about four days after moving in, on 27 December 2022, the tenant replaced the home’s old, mouldy curtains and removed a bedroom cupboard that had some mould on it to the garage. The tenant hoped those steps would allow them to move into one of the bedrooms.
However, the tenant and his wife still found the two main bedrooms uninhabitable. The master was mouldy, damp, and dank smelling, with exposed electrical light fitting wiring. The large bedroom’s the carpet had a nauseating chemical smell.
On 29 and 30 December 2022, they emailed the property manager to complain particularly about the two main bedrooms and the draughty kitchen louvres. In summary: oMaster bedroom: i.lights broken/unsafe ii.Master ensuite: black mould. iii.Hole in window. oThe other large bedroom: i.Carpet worn out and strong chemical smell. oThe kitchen louvre windows – one side doesn’t close properly.
Over a week later, on 9 January 2023, presumably after the Christmas break, the property manager responded that: I have booked MP Property Services who will come to do a large portion of this work – he will contact you directly about arranging access to come out... ... Thanks for bearing with me while we sort these issues, as you can imagine it’s a bit tricky having had no one residing in there for a little while. How did the master bedroom window chip happen? Wasn’t there the day before so just thought would see.
On 16 January 2023, the tenant explained he had had to turn the contractor away due to the family all having COVID.
On 25 January 2023, the property manager responded to arrange some remedial work but also stating the property was let “as is, where is”: I think it is important to note that the property was let on an “as is, where is” basis but know I am working with the owners to do all that we can to get these things sorted.
On 2 February 2023, the tenant confirmed ongoing problems: Another cause of drafts is the hole in master bedroom window that needs repair or replacement. ... The carpet in the large bedroom next to garage needs to be replaced. It's full of holes and not suitable for a bedroom. Also smells strongly of solvent. This was clearly not used as a bedroom before. We have not been able to occupy this room yet. Slat windows in kitchen were not tightened as your tradesman said it was out of his capacity to fix. It does not close properly, which means lots of bugs and moths are coming in the evening. Needs fixing. The seals on the shower door in master ensuite are completely full of black mould. We can't replace ourselves and needs a professional to do. We cannot use this shower until it is sorted. The cistern in ensuite is covered in black mould that won't come off. We would like that a plumber look at it to determine if it is containable with a coating or needs replacement, which is inexpensive. The smell of the mould in this bathroom is so strong that we cannot sleep in this room either. The master bedroom has now got a large spot of water damage in the ceiling. Please add this to the job already arranged for the leak in kitchen ceiling. Photos attached Thank you
On 7 February 2023, the property manager responded: I have kept the plumbers work order and he will sort the laundry tub pipes – please make sure this is not an error from the washing machine or connection as if so you will be liable for the invoice. I have asked the plumber to replace the shower seals and check the toilet cistern for you. This should be completely usable. Will work on the window joinery when we can and have some quotes to tighten or confirm what can be done. I will speak with the owners about the carpets however do not think they are in a position to replace but I will get another quote and see if we can have them cleaned again.
On 11 March 2023, the tenant emailed the property manager a “Tenant Repairs/Maintenance Form” for the upcoming inspection confirming: oCarpet in large bedroom needs replacing because it has “holes all through” and “terrible smell so cannot occupy”. oPaint peeling off master bedroom ceiling. oFan in bathroom not working. oDraughts in the joinery. oGutters needing cleaning. oChip in master bedroom window. oUncleanable mould on ensuite toilet
The property manager put in work order for the small hole in the window to be repaired on 13 March 2023, however the work order was vetoed by the landlords who stated: [T]his small chip has been there for possibly 20 years and does not justify the expense of replacing as is barely noticed and not a danger. We see no need to replace and therefore not willing to pay.
The tenant hired a rug doctor to clean the smelly carpet in the large bedroom but could not improve the odour. On 27 April 2023, the landlord having still not addressed the tenant’s complaint about the carpet, the tenant himself paid $1,930.75 to have the large bedroom recarpeted. From that date, the tenant and his wife found the room acceptable to sleep in.
However, the tenant and his wife never fully used the master bedroom, which still had unsafe electricals, peeling ceiling paint, and a dank smell even though they replaced the discoloured cistern at a cost of $99.00.
The couple’s new baby was born on 19 May 2023. The tenant accepts that from that date, the tenant and his wife were very protective of their baby, and they denied access to contractors on several occasions because of it.
On 9 June 2023, the tenant emailed the property manager about the light fittings in the master bedroom that had still not been fixed from the beginning of the tenancy.
The property manager put in a work order for repair of the light fittings on 28 June 2023. However, the electrician had problems accessing the property due to the tenants not being able to provide him with a suitable time.
The property manager put in a work order for painting the master bedroom ceiling for “more areas of flaking paint” (the landlord had had some flaking ceiling paint remediated before the tenancy began) on 7 June 2023. Again, the painters could not arrange access that was convenient to the tenants who were busy with work, two young children, and their new-born.
The kitchen window louvres were never replaced. The tenant says the house was freezing cold in winter. He says his wife was livid about how unhealthy the house was and blamed him for choosing the house in the first place. The power bills for heating were higher than they should have been. The children were unwell with glue ear. The couple had a three-month old baby and the tenant’s wife had got strep throat and had swollen lymph glands. The tenant’s doctor said to move house. At the tenant’s wife’s insistence, the family moved out in late August.
I note, the trustees lived in the house before this tenancy. They had a Healthy Homes Assessment completed on about 10 November 2022 that identified non- compliance as to ventilation, smoke alarms, insulation, ground vapour covering, and draught stopping.
The landlord had contractors ensure compliance for the insulation, ground moisture barrier, smoke alarms, and ventilation. However, the landlord never fixed the draughty kitchen louvres which the HHS report said to “replace”. Issues for determination
The issues the Tribunal must decide are: (a) Did the landlord fail to maintain the premises or to comply with the HHS?

If so, what compensation should be ordered?

(b) What does the tenant owe for rent and water arrears? (c) Should the tenant be ordered to compensate the landlord or its agent for the early end of the fixed-term tenancy? If so, in what amount? (d) Is the tenant liable for failing in his move-out duties?

Did the landlord breach their maintenance or HHS obligations?

Legal principles

Under s 45 of the Residential Tenancies Act 1969 (RTA), landlords must ensure their premises meet certain basic standards.
Under s 45(1)(b) landlords maintain the premises in a reasonable state of repair: 45 Landlord’s responsibilities (1) The landlord shall— (a) ... (b) provide and maintain the premises in a reasonable state of repair having regard to the age and character of the premises and the period during which the premises are likely to remain habitable and available for residential purposes...
Under s 45(1)(bb), landlords must comply with the HHS which require the premises to be insulated, draught free, ventilated, protected from water ingress: (bb) comply with the healthy homes standards
Breaching any of these s 45 obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. 1
The issue of exemplary damages does not arise in this case, however, because the tenant did not formally apply for exemplary damages prior to this hearing. 1 Residential Tenancies Act (RTA), s 45(1A) and Schedule 1A.
In respect to the HHS, the landlord had 120 days after the tenancy’s commencement to comply, namely until 21 April 2023.
In respect to the obligation to repair, landlords are liable for defects that they have knowledge of. They must repair defects within a reasonable time once they acquire such knowledge. As the author of Residential Tenancy Law in New Zealand explains: 2 The landlord’s obligation of repair is not absolute. A landlord does not have to foresee a latent and unobservable defect before it causes damage... A landlord therefore must repair within a reasonable time after knowledge of the need for repair: 3 “...the obligation of the landlord, under s 45, is to investigate and repair a defect brought to its attention within a timeframe which is reasonable in the circumstances and as to what that time is, I think, depends not only on the gravity of the problem but also on the objective evidence of the attempts made by the landlord to investigate, and put right, whatever the problem might be...”
Landlords also have an obligation to repair things that are apparent from observation: 4 However, notice from the tenant is not needed if the landlords knew of the need for repair or the need for repair is apparent from observation...
Breach of the HHS does not depend on the landlord’s knowledge, an unlawful act occurs whenever the standards are not met. The landlord must simply comply with the standards. Lack of knowledge may however impact the landlord’s liability for exemplary damages because the unlawful act must have been committed intentionally for exemplary damages to be available. Curtains
I have viewed the tenant’s photographs of the premises’ curtains. I accept the curtains were in a poor and mouldy state and needed replacing.
I order the landlord to reimburse the tenant for the cost of replacing the curtains. Master bedroom 2 Stewart Benson Residential Tenancy Law in New Zealand (2018) Thomson Reuters at 6.18. 3 Collins v Professionals Hutt City Ltd DC Wellington CIV 2009-085-1431, 24 February 2010 at [15]. 4 See n 3.
The house’s design would have been progressive when built but the house is showing signs of wear and tear.
The landlords carried out significant work to the premises before letting it. However, the home was not fully renovated.
The tenant and his wife were particularly perturbed by the master bedroom’s ensuite bathroom’s dankness and what they considered hazardous light fittings. By 2 February 2023, the master bedroom’s ceiling had a damp patch, and the paint was peeling. There was a small hole in one of the windows that the landlord declined to repair.
Early in the tenancy, the tenants replaced a toilet cistern cover that was infused with mould. I am satisfied the cistern was not in a reasonable state of repair. The landlord should reimburse the tenant for that.
I understand the property manager had the mould-infused shower seals looked at.
The property manager put in work orders: ofor painting the ceiling on 7 June 2023. ofor repairing the electricals on 28 June 2023.
The hole in the window was never repaired due to the landlords “veto”.
I find the master bedroom was not provided in a reasonable state of repair due to the initial dankness of the ensuite, the light fittings, the hole in the window, and the damp ceiling.
It is appropriate to order compensation for loss off amenity. I set the loss of amenity at 10 per cent of the weekly rent.
The relevant time period is from the beginning of the tenancy to 28 June 2023. I set 28 June 2023 as the end date because that is the date of the electricals work order and it is likely the tenants would not have provided access on reasonable terms. Large bedroom
The other large bedroom’s carpet was old and worn.
The tenant took matters into his own hands and replaced the carpet at his own cost.
The tenant says the carpet emanated a strong chemical smell. I was told at the hearing the then-property manager disagreed with the tenants and considered the bedroom’s carpet was acceptable and the bedroom was healthy and usable.
I prefer the tenant’s evidence. I accept the carpet was not only old and worn, but also that it emitted an unpleasant chemical odour. The carpet needed replacing due to its age and wear and because of the smell.
I set the loss of amenity at 10 per cent of the weekly rent. The relevant period is from the beginning of the tenancy until 27 April 2023 when the carpet was replaced. Draughty kitchen windows/master bedroom hole
The HHS identified the kitchen louvres as needing replacing.
The tenant says that the gaps were significant and allowed insects to get in as well as draught.
The kitchen louvres ought to have been replaced prior to the tenancy starting. Their excessive draughtiness breached the HHS but also the louvres were not in a reasonable state of repair.
The hole in the master bedroom window is small but the window is clearly damaged and in need of repair. I accept the tenant’s evidence that the hole contributed to draught at the premises.
I am satisfied that the kitchen windows and the master bedroom window’s hole caused excessive draughts and cold during winter in particular.
I set the tenant’s loss of amenity and likely increased power cost at five per cent. The relevant period is the whole of the tenancy given the landlord showed no inclination to adequately remediate the issues.

What does the tenant owe for rent and water arrears?

The tenant does not dispute the landlord’s claim for rent and water arrears.
An order is made accordingly. Compensation for costs relating to ending the tenancy early
The tenant did not tell the property manage he had moved out until early October 2023.
The landlord’s agent efficiently re-tenanted the premises. Ms Katafiasz recorded costs of almost $1,300.00 including her own time charged at $60.00 per hour and travel costs.
The landlord’s agent has not charged the landlord for re-tenanting the premises or reimbursed Ms Katafiasz. The parties have not suffered a loss in that regard. However, the landlord’s agent could have charged the landlord a commission for a new tenant if it had not obtained a new tenant. The commission it would have received would have been about $791.20 because that is the commission it received for the tenant’s tenancy.
I consider that is the loss the landlord’s agent incurred.

Is the tenant liable for failing in his move-out duties?

The tenant left the lawns mown when he moved out. However, the tenancy did not end for another couple of months by which time the lawns needed mowing again.
I order the tenant to reimburse the landlord for the cost of lawn mowing.
The tenant disposed of the cupboards he found to be mouldy. The photographs do not satisfy me that the cupboards could not be cleaned.
The tenant must reimburse the landlord for the cost of replacing the cupboards. The amount is reduced to 50 per cent to account for depreciation. The cupboards were not new. The tenant should not have to pay for new cupboards.
The landlord claimed for replacing net curtains that the tenant removed. However, I accept the tenant’s evidence that he left the net curtains in a cupboard at the premises. Bond and filing fee
The bond is to be returned to the tenant.
No order is made for the filing fee as both parties have substantially succeeded in their claims. Non-publication
The tenant seeks non-publication of his name and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is 5 See RTA, s 40(1)(e)(ii)-(v). in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 6
The tenant has substantially succeeded in the proceedings. I do not consider that publication is in the publication or justified by the tenant’s conduct or any other circumstances of the case.
The Tribunal orders non-publication of the tenant’s name and identifying details.

Tenancy Tribunal case 4715230 — Property damage at 6 Floyd Road, Riverhead, Riverhead 0820

At a glance

Tenancy Tribunal case 4715230 — Property damage at 6 Floyd Road, Riverhead, Riverhead 0820

At a glance

Award balance

Claims & awards

Order

Reasons

If so, what compensation should be ordered?

Did the landlord breach their maintenance or HHS obligations?

What does the tenant owe for rent and water arrears?

Is the tenant liable for failing in his move-out duties?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

If so, what compensation should be ordered?

Did the landlord breach their maintenance or HHS obligations?

What does the tenant owe for rent and water arrears?

Is the tenant liable for failing in his move-out duties?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions