What was the outcome of Tenancy Tribunal case 4727434?

The tribunal order states: The tenancy of Kylie Hayman at 63 Bellona Street, Saint Kilda, Dunedin 9012 is

How much money was awarded in case 4727434?

Compensation: $250.00 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,550.00 awarded to landlord

What type of tenancy dispute was case 4727434?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4727434?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9644872-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4727434?

The tribunal order states: The tenancy of Kylie Hayman at 63 Bellona Street, Saint Kilda, Dunedin 9012 is

How much money was awarded in case 4727434?

Compensation: $250.00 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,550.00 awarded to landlord

What type of tenancy dispute was case 4727434?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4727434?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9644872-Tenancy_Tribunal_Order.pdf.

63 Bellona Street, Saint Kilda, Dunedin 9012 Tenancy Tribunal Case 4727434 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

63 Bellona Street, Saint Kilda, Dunedin 9012 Tenancy Tribunal Case 4727434 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4727434 — net $6,320.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 17/11/2023	$6,550.00		Rent arrears to 17/11/2023
Filing fee reimbursement	$20.44		Filing fee reimbursement
Compensation		$250.00	Compensation
Total award	$6,570.44	$250.00
Net award	$6,320.44
Total payable by Tenant to Landlord	$6,320.44

Claims and awards for application 4727434 — net $6,320.44 NZD. Verify on MoJ.

Rent arrears to 17/11/2023

Amount: $6,550.00
Awarded to: Landlord
Reason: Rent arrears to 17/11/2023

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Compensation

Amount: $250.00
Awarded to: Tenant
Reason: Compensation

Total award

Landlord $6,570.44 · Tenant $250.00

Net award

Landlord $6,320.44

Total payable by Tenant to Landlord

Landlord $6,320.44

Claim types — money lines allowed on this order

Compensation Filing Fee Rent arrears

Order

The tenancy of Kylie Hayman at 63 Bellona Street, Saint Kilda, Dunedin 9012 is terminated, and possession is granted to The Rent Shop Dunedin Limited As Agent For Rosemary Simkins, at noon on Friday 17 November 2023.
Kylie Hayman must pay The Rent Shop Dunedin Limited As Agent For Rosemary Simkins $6,320.44 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the filing fee.
The tenant has cross applied for failure by the landlord to provide a working heat pump.
The tenancy is for a fixed term from 29/7/2023 to 29/7/2024 at $550.00 per week.

Should the tenancy be terminated?

The landlord provided rent records which proved the amount owing.
The tenant did not dispute the arrears.
As rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. Section 55(1)(a) Residential Tenancies Act 1986.

Did the landlord comply with her obligations?

Kylie Hayman claims that the landlord failed to comply with healthy homes standards by not providing a working heat pump.
The tenant submitted that a week after she moved into the tenancy the heat pump stopped working and despite a contractor inspecting the unit it had not been fixed.
In response the landlord submitted that the heat pump was in the hallway and there was a wood burner in the open plan living area.
The landlord had ordered replacement parts or a new unit, whichever arrived first, but there was a likely time delay of around 16 weeks.
Further the landlord had offered firewood to the tenant which had not been accepted.
Under section 45, a landlord must, among other matters, provide and maintain the premises in a reasonable state of repair.
In addition, section 45(1(bb) requires compliance with the Residential Tenancies (Healthy Homes Standards) 2019 (HHS).
All private rentals must comply within 120 days of any new or renewed tenancy after 1 July 2021, with all private rentals complying by 1 July 2025.
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.
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.
I find the evidence does not support that the landlord has breached the HHS requirements because the heat pump is in the hallway and not in the main living space.
However, I consider the tenant is entitled to some compensation for the time without a working heat pump in the hallway, which I have set at a nominal $250.00.
As the landlord has largely succeeded with the claim, I have awarded the filing fee.
However, only one filing fee is awarded despite the landlord having made two applications. The reason for this is that the second application superseded and effectively cancelled out the first.
Suppression is not available to the tenant.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4727434 — net $6,320.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 17/11/2023	$6,550.00		Rent arrears to 17/11/2023
Filing fee reimbursement	$20.44		Filing fee reimbursement
Compensation		$250.00	Compensation
Total award	$6,570.44	$250.00
Net award	$6,320.44
Total payable by Tenant to Landlord	$6,320.44

Claims and awards for application 4727434 — net $6,320.44 NZD. Verify on MoJ.

Rent arrears to 17/11/2023

Amount: $6,550.00
Awarded to: Landlord
Reason: Rent arrears to 17/11/2023

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Compensation

Amount: $250.00
Awarded to: Tenant
Reason: Compensation

Total award

Landlord $6,570.44 · Tenant $250.00

Net award

Landlord $6,320.44

Total payable by Tenant to Landlord

Landlord $6,320.44

Claim types — money lines allowed on this order

Compensation Filing Fee Rent arrears

Order

The tenancy of Kylie Hayman at 63 Bellona Street, Saint Kilda, Dunedin 9012 is terminated, and possession is granted to The Rent Shop Dunedin Limited As Agent For Rosemary Simkins, at noon on Friday 17 November 2023.
Kylie Hayman must pay The Rent Shop Dunedin Limited As Agent For Rosemary Simkins $6,320.44 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the filing fee.
The tenant has cross applied for failure by the landlord to provide a working heat pump.
The tenancy is for a fixed term from 29/7/2023 to 29/7/2024 at $550.00 per week.

Should the tenancy be terminated?

The landlord provided rent records which proved the amount owing.
The tenant did not dispute the arrears.
As rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. Section 55(1)(a) Residential Tenancies Act 1986.

Did the landlord comply with her obligations?

Kylie Hayman claims that the landlord failed to comply with healthy homes standards by not providing a working heat pump.
The tenant submitted that a week after she moved into the tenancy the heat pump stopped working and despite a contractor inspecting the unit it had not been fixed.
In response the landlord submitted that the heat pump was in the hallway and there was a wood burner in the open plan living area.
The landlord had ordered replacement parts or a new unit, whichever arrived first, but there was a likely time delay of around 16 weeks.
Further the landlord had offered firewood to the tenant which had not been accepted.
Under section 45, a landlord must, among other matters, provide and maintain the premises in a reasonable state of repair.
In addition, section 45(1(bb) requires compliance with the Residential Tenancies (Healthy Homes Standards) 2019 (HHS).
All private rentals must comply within 120 days of any new or renewed tenancy after 1 July 2021, with all private rentals complying by 1 July 2025.
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.
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.
I find the evidence does not support that the landlord has breached the HHS requirements because the heat pump is in the hallway and not in the main living space.
However, I consider the tenant is entitled to some compensation for the time without a working heat pump in the hallway, which I have set at a nominal $250.00.
As the landlord has largely succeeded with the claim, I have awarded the filing fee.
However, only one filing fee is awarded despite the landlord having made two applications. The reason for this is that the second application superseded and effectively cancelled out the first.
Suppression is not available to the tenant.

Tenancy Tribunal case 4727434 — Rent arrears at 63 Bellona Street, Saint Kilda, Dunedin 9012

At a glance

Tenancy Tribunal case 4727434 — Rent arrears at 63 Bellona Street, Saint Kilda, Dunedin 9012

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Did the landlord comply with her obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Did the landlord comply with her obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions