What was Tenancy Tribunal case 4736951 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4736951?

Compensation: Roof Leaks: $800.00 awarded to tenant; Compensation: Toilet Door: $200.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

Where can I read the official tribunal order for case 4736951?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10833056-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4736951 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4736951?

Compensation: Roof Leaks: $800.00 awarded to tenant; Compensation: Toilet Door: $200.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

Where can I read the official tribunal order for case 4736951?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10833056-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4736951 — Leaks

Claims and awards in Tenancy Tribunal application 4736951 — net $1,020.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Roof leaks	$800.00	Roof leaks
Compensation: Toilet door	$200.00	Toilet door
Filing fee	$20.44	53. I will award $200.00.
Net award	$1,020.44
Total payable by Landlord to Tenant	$1,020.44

Claims and awards in Tenancy Tribunal application 4736951 — net $1,020.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Roof leaks	$800.00	Roof leaks
Compensation: Toilet door	$200.00	Toilet door
Filing fee	$20.44	53. I will award $200.00.
Net award	$1,020.44
Total payable by Landlord to Tenant	$1,020.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
Marskight Property Management Ltd t/as Quinovic Property Management Whangarei (as agent for Bella Casita Rentals Ltd) is to pay [The tenant/s] $1,020.44 immediately, calculated per the table below:

Reasons

Background

The tenant’s application raises issues relating to roof leaks and then a fire that occurred when the re-roofing work began, and a broken toilet door handle.
The first hearing took place in [Event location suppressed] on 10 April 2024. The application was substantially heard at the first hearing. [The tenant/s] had video evidence that she wanted to provide. A second hearing was scheduled, principally for that purpose. The second hearing took place on 9 August 2024. Both parties attended both hearings. Ms Phelan represented the landlord. Roof leaks and fire
The tenancy began in February 2021. [The tenant/s] was not aware of any leaks until 13 February 2023, when Cyclone Gabrielle hit Northland.
Rainwater began leaking through the ceiling in the lounge on 13 February. [The tenant/s] contacted Quinovic (Mr Gimranov) immediately.
Mr Gimranov was able to contact a roofer, who attended on 15 February. [Roofing company] gave quotes to repair or to re-roof.
[The tenant/s] was not told about the roofer coming to the property and she was unaware that the roof had been assessed.
The owner chose the repair option.
[Roofing company] carried out some repair work on 21 and 27 March 2023. [The tenant/s] was not given notice of these attendances. She was not aware that any repair work was done.
On 21 April [The tenant/s] sent Mr Gimranov an email stating: Just emailing to find out when the repairs will be happening? We still don’t have a door handle on the toilet door which is proving quite awkward with visitors and our own privacy... also the roof before we get more heavy rain through winter?
Mr Gimranov thought that the roof had been repaired. He did not understand [The tenant/s]’s email to mean that there were continuing leaks.
On 1 May [The tenant/s] sent Mr Gimranov an email stating: Following up on repairs, the ceiling leaked again quite badly yesterday, this is the 3 rd time since February when I first advised you of this issue [...] Please can you let me know when these repairs will be happening as I think waiting over 2 months is a bit much
Quinovic contacted [Roofing company] the next day, 2 May.
[The tenant/s] issued a 14-day breach notice about the leaks on 9 May.
On 10 May [Roofing company] advised that it would probably be futile to continue trying to repair the leak, and the best option was a partial re-roof.
Quinovic passed the roofer’s advice on to the owner. The owner sought a second opinion and alternative quotes. This proved very difficult in the aftermath of the Cyclone.
Ms Phelan took over management of the tenancy on 19 May.
On 22 May the landlord arranged for a tarp to be put on the roof as a temporary measure to mitigate the leaks.
The tarp was sealed around the chimney, which meant that the tenant could no longer use the woodburner. There is a woodburner and a heat pump in the property. [The tenant/s] preferred to use the woodburner. She had purchased firewood for the upcoming winter season.
[Roofing company] took an asbestos sample, which came back positive. This had implications in terms of the cost and timeframe of the re-roofing job. [Roofing company] provided a revised quote, which was accepted by the owner.
On 29 May Ms Phelan sent [The tenant/s] an email stating that: a. The job was expected to begin in 6-8 weeks’ time. b. The first part of the job would be to remove the asbestos materials (asbestos was found in the glue used to hold the ceiling tiles in the lounge). c. The property would need to be vacant for the day of the asbestos removal work. d. The landlord was willing to compensate the tenant $25 per week for loss of use of the fireplace for the period while the tarp is in place.
On 6 June [The tenant/s] discovered a new leak in the kitchen. She informed Ms Phelan. The roofer came to the property that evening and did some minor repair work. There was a concern about a possible electrical hazard due to water ingress in the ceiling cavity. Ms Phelan contacted an electrician, who attended on 8 June. The electrician confirmed that the premises were safe.
Scaffolding was erected on 20 June to begin the re-roofing project.
On 23 June [The tenant/s] sent an email about further leaking in the kitchen.
The roof removal job began on 5 July. As requested, [The tenant/s] was out for the day while the asbestos removal part of the job was done. She returned home in the evening. During the evening, she noticed that the ceiling in the lounge was “smouldering”. She contacted Fire and Emergency.
Fire and Emergency attended and extinguished the fire that was beginning in the ceiling space. The fire was out, but the premises were not habitable due to the mess. A Fire Inspector concluded that the fire was caused by a damaged wire in the ceiling. The wire may have been accidentally walked on during the asbestos removal work.
[The tenant/s] and her children were put into a motel for two nights, which the roofer paid for. [The tenant/s] stayed for a third night, which she paid for herself.
A Fire Inspector checked the premises and confirmed that they were safe to occupy (from a fire hazard perspective), subject to confirmation that there was no damage to the electrical wiring. The electrical wiring was checked and confirmed to be safe on 7 July.
The roofing work recommenced. The landlord arranged for cleaning of the debris and mess from putting out the fire.
The roofing work took approximately a week to complete.
Since then, there has been only one incident of concern – a patch of wet carpet behind the TV in the lounge that [The tenant/s] discovered in late October 2023. The area dried out, and the problem has not recurred. Findings – roof leaks and fire
Landlords must provide and maintain the premises in a reasonable state of repair. 1 Tenants must notify the landlord as soon as possible of the need for repair. 2 If a tenant informs the landlord about the need for repair, the landlord must promptly take all necessary and appropriate steps to repair the premises.
If a landlord fails or refuses to take reasonable steps to maintain the premises, the Tribunal may award exemplary damages. The purpose of exemplary damages is to punish and deter intentional breaches of a legal duty.
The Tribunal may also award compensation. The purpose of compensation is not to punish the party who is in breach, but to “reinstate” the other party – to put them in the position that they should have been in if the breach hadn’t happened.
In this instance I am satisfied that there are no grounds for an award of exemplary damages against the landlord. Quinovic took prompt and appropriate steps in response to the roof leak problem. Given that the leak occurred during Cyclone Gabrielle, Quinovic did remarkably well to get a roofer to the property promptly and then to work through the question of repair versus replacement. The owner also cannot be faulted. There was no delay in approving the repair work. When it became apparent that the roof was continuing to leak after the repair, the owner approved the replacement quote (including the increased quote taking into account asbestos removal), promptly.
The only criticism that could be made is that the communication with [The tenant/s] was sometimes poor. That in itself does not justify an award of exemplary damages. 1 Section 45(1)(b) Residential Tenancies Act 1986 (“RTA”) 2 Section 40(1)(d) RTA
However, there are grounds for an award of compensation. [The tenant/s] suffered a loss of amenity due to the leaks and due to the events that took place on and after 5 July 2023.
Consideration of compensation must take into account the compensation that the landlord has already given to [The tenant/s]. The landlord has given: a. $200.00 for loss of use of the woodburner for the period from 22 May to 10 July. b. $1,040.00, being waiver of two weeks rent. This was waiver of one week’s rent while the roofing work was done, increased to two weeks due to the fire incident. c. $855.00, being 30% of the rent for five weeks (after the fire).
This totals $2,195.00.
I am satisfied that: a. The compensation paid by the landlord for loss of use of the woodburner is reasonable and appropriate. b. The waiver of two weeks’ rent was a generous amount of compensation for inconvenience caused during and after the re-roofing work. c. The award of a 30% rent reduction for five weeks after the fire was reasonable and appropriate. It is also noted that the landlord promptly organised and paid for cleaning after the fire was put out, and [The tenant/s] was accommodated in a motel until the premises were made safe.
The compensation paid by the landlord does not take into account the inconvenience and stress caused to [The tenant/s] by the water leaks into the lounge from February to May, and then the kitchen leaks in June.
The compensation also does not take into account [The tenant/s]’s experience with the roofers. [The tenant/s] complained about the behaviour of the roofers while on site, including drinking, smoking, using inappropriate language, and leaving rubbish.
Ms Phelan obtained a statement from [Roofing company] in response to these allegations. [Roofing company] denied or minimised most of the allegations, including stating that drinking (“a few beers”) only occurred after 5pm, that the staff did not smoke on the roof, and that rubbish was disposed of on the onsite bin.
[The tenant/s] then produced video evidence. The recording was taken by a static camera through a window, so it does not capture all aspects of what the workers did on site. However, even that limited footage is quite confronting. The video shows workers already drinking on site from 4pm (presumably having begun earlier than that), smoking, disposing of cigarette butts in the garden, ascending ladders with beer bottles in hand, etc.
[Roofing company]’s conduct on site was unacceptable and the statement that it provided to the Tenancy Tribunal is, in some parts, plainly false.
I accept that Quinovic had no knowledge of this behaviour and did not condone it. Ms Phelan stated that Quinovic no longer uses[Roofing company] because of what was shown on [The tenant/s]’s video.
I will make an additional award of compensation to reflect the inconvenience and stress caused by the leaks before the roofing work was done, and also [The tenant/s]’s experience with the workers on site. The award cannot, and is not intended to, monetise [The tenant/s]’s subjective experience which was very difficult and stressful. In considering compensation I must also take into account the fact that the need for repairs, and the inconvenience of associated with that, is a normal part of living in a home, whether a person is a tenant or an owner.
I will award compensation of $800.00. Toilet door
[The tenant/s] first notified the landlord about a problem with the toilet door handle in her email dated 13 February 2023, quoted above.
Quinovic promptly sent a work order to its contractor, but the job was not completed. This is perhaps unsurprising in the wake of the Cyclone, and the roof leak issue at the property.
Quinovic followed up with its contractor in May 2023. The contractor said that he had attempted to contact [The tenant/s] to make an arrangement to come and do the repair, but he was unable to reach [The tenant/s]. [The tenant/s] said that her number had not changed, and she had no missed calls.
The matter then drifted until [The tenant/s] filed this application in December 2023. The repair was completed in January 2024.
The issue is relatively minor, but it could (and should) have been sorted out much more quickly, and it is appropriate to make an award of compensation to the tenant.
I will award $200.00. Filing fee, name suppression
The tenant has been successful in this application.
I will award the tenant the filing fee of $20.44. 3
Name suppression is granted to the tenant. 4

Tenancy Tribunal case 4736951 — Leaks

At a glance

Tenancy Tribunal case 4736951 — Leaks

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