What was Tenancy Tribunal case 4737369 about?

The tribunal order states: [The landlord/s] must pay [The tenant/s] $870.44 immediately, calculated as

How much money was awarded in case 4737369?

Compensation: No dishwasher for 85 d…: $850.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4737369?

The dispute type was not classified.

Where can I read the official tribunal order for case 4737369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9690542-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4737369 about?

The tribunal order states: [The landlord/s] must pay [The tenant/s] $870.44 immediately, calculated as

How much money was awarded in case 4737369?

Compensation: No dishwasher for 85 d…: $850.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4737369?

The dispute type was not classified.

Where can I read the official tribunal order for case 4737369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9690542-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4737369 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4737369 — net $870.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: No dishwasher for 85 days	$850.00	No dishwasher for 85 days
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$870.44
Total payable by Landlord to Tenant	$870.44

Order

[The landlord/s] must pay [The tenant/s] $870.44 immediately, calculated as shown in table below. This can be paid by way of a rent credit.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation for kitchen sink blockage.
The tenant made a cross-application for compensation for loss of use, compensation for the landlord’s failure to maintain the premises and market rent.
I deal with the landlord’s application first. Landlord’s application 4737369, 47376292
The landlord sought $1,207.85 for the blocked kitchen sink drain. The landlord claimed that this was caused by the tenant.
The tenant first raised the issue of the blocked kitchen sink drain to the landlord on 28 th April 2023.
On 3 rd May 2023, the landlord’s plumber came and inspected the kitchen sink. It was noted to have been badly blocked. The drain was blasted down and it was noted that the drain was blocked from cooking oils and fats. It was noted that the drain was back to normal, and the tenants were told to run hot soapy water when rinsing or washing fatty greasy foods.
However, on 7 th May 2023, the kitchen sink was blocked again, and the tenant notified the landlord of this. A plumber came out again on 8 th May 2023 and the tenant was told not to use the dishwasher. The actual problem with kitchen sink drain could not be found.
Between 8 th May 2023 and 1 st August 2023, the tenant used the dishwasher twice. Both times, the kitchen sink drain blocked up again.
On 1 st August 2023, a plumber came and finally found the actual cause of the drain blockage. It was due to solidified grease about 5 metres downstream.
The landlord was asked whether the 5-metre mark down the kitchen drainage was solely used by the tenant. The landlord did not know this and could not prove that the pipes from the neighbouring units of the apartment did not join up by then.
The tenant had said that at least one of the neighbours had moved out due to the same issue. However, the tenant did not have any actual evidence to support this by way of a statement or an affidavit.
Regardless, as the landlord could not prove that the drain blockage was due to the tenant’s fault, I dismiss the landlord’s claim for compensation. Tenant’s application
[The tenant/s] claimed for the loss of use of the dishwasher for 85 days between 8 th May 2023 and 1 st August 2023.
The tenant also claimed that the landlord had not maintained a door lock to a reasonable standard resulting in the pregnant tenant being trapped inside. The tenant suffered from claustrophobia as well and there was immense stress as a result.
The tenant was unable to use the dishwasher due to the kitchen drain issue. The rent was inclusive of the dishwasher. Therefore, the tenant should be compensated for the loss of the use of the dishwasher. 4737369, 47376293
I order the landlord to compensate the tenant at rate of $10.00 per day for 85 days. The total of $850.00 can be paid to the tenant by way of a rent credit.
This amount includes the inconvenience and stress involved with informing the landlord whenever the sink blocked up.
Regarding the door lock being broken, there is a duty on the landlord to maintain the premises to a reasonable standard under section 45 Residential Tenancies Act 1986 (“RTA”).
However, there is nothing to suggest that the landlord knew that there was something wrong with the door lock before it suddenly stopped working properly.
The tenant reached out to the landlord when it malfunctioned around 6:50 pm on Friday 17 th November 2023 but the landlord could not be reached. Fortunately for the tenant, the building manager was able to be contacted to resolve the issue.
Although the tenant had to sleep with the door being unlocked for that night, the lock was fixed by the following morning on Saturday 18 th November 2023.
The tenant wanted reassurance that the locksmith had done a professional job. I see no basis for making a work order for another locksmith to audit the work done already.
If the tenant is still worried, the tenant can get a locksmith to have the lock checked. If that check finds any shortcomings with the work done already, then the tenant can seek the cost to be reimbursed from the landlord.
Although it is unfortunate that the tenant was pregnant and claustrophobic when the tenant was locked in, I do not find that it was a result of the landlord failing to maintain the premises to a reasonable standard.
I dismiss the tenant’s claim for compensation for the broken door lock. Market rent claim withdrawn
The tenant also sought for the Tribunal to consider whether the proposed rent increase results in rent that exceeds the market rent by a substantial amount under section 25 RTA.
However, as neither party was fully prepared to compare market rent, the tenant withdrew this claim so that this claim could be pursued at a later time if it needed to be pursued. Filing free reimbursement 4737369, 47376294
Because the tenant has substantially succeeded with the claim, I order the landlord to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4737369 — net $870.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: No dishwasher for 85 days	$850.00	No dishwasher for 85 days
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$870.44
Total payable by Landlord to Tenant	$870.44

Order

[The landlord/s] must pay [The tenant/s] $870.44 immediately, calculated as shown in table below. This can be paid by way of a rent credit.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation for kitchen sink blockage.
The tenant made a cross-application for compensation for loss of use, compensation for the landlord’s failure to maintain the premises and market rent.
I deal with the landlord’s application first. Landlord’s application 4737369, 47376292
The landlord sought $1,207.85 for the blocked kitchen sink drain. The landlord claimed that this was caused by the tenant.
The tenant first raised the issue of the blocked kitchen sink drain to the landlord on 28 th April 2023.
On 3 rd May 2023, the landlord’s plumber came and inspected the kitchen sink. It was noted to have been badly blocked. The drain was blasted down and it was noted that the drain was blocked from cooking oils and fats. It was noted that the drain was back to normal, and the tenants were told to run hot soapy water when rinsing or washing fatty greasy foods.
However, on 7 th May 2023, the kitchen sink was blocked again, and the tenant notified the landlord of this. A plumber came out again on 8 th May 2023 and the tenant was told not to use the dishwasher. The actual problem with kitchen sink drain could not be found.
Between 8 th May 2023 and 1 st August 2023, the tenant used the dishwasher twice. Both times, the kitchen sink drain blocked up again.
On 1 st August 2023, a plumber came and finally found the actual cause of the drain blockage. It was due to solidified grease about 5 metres downstream.
The landlord was asked whether the 5-metre mark down the kitchen drainage was solely used by the tenant. The landlord did not know this and could not prove that the pipes from the neighbouring units of the apartment did not join up by then.
The tenant had said that at least one of the neighbours had moved out due to the same issue. However, the tenant did not have any actual evidence to support this by way of a statement or an affidavit.
Regardless, as the landlord could not prove that the drain blockage was due to the tenant’s fault, I dismiss the landlord’s claim for compensation. Tenant’s application
[The tenant/s] claimed for the loss of use of the dishwasher for 85 days between 8 th May 2023 and 1 st August 2023.
The tenant also claimed that the landlord had not maintained a door lock to a reasonable standard resulting in the pregnant tenant being trapped inside. The tenant suffered from claustrophobia as well and there was immense stress as a result.
The tenant was unable to use the dishwasher due to the kitchen drain issue. The rent was inclusive of the dishwasher. Therefore, the tenant should be compensated for the loss of the use of the dishwasher. 4737369, 47376293
I order the landlord to compensate the tenant at rate of $10.00 per day for 85 days. The total of $850.00 can be paid to the tenant by way of a rent credit.
This amount includes the inconvenience and stress involved with informing the landlord whenever the sink blocked up.
Regarding the door lock being broken, there is a duty on the landlord to maintain the premises to a reasonable standard under section 45 Residential Tenancies Act 1986 (“RTA”).
However, there is nothing to suggest that the landlord knew that there was something wrong with the door lock before it suddenly stopped working properly.
The tenant reached out to the landlord when it malfunctioned around 6:50 pm on Friday 17 th November 2023 but the landlord could not be reached. Fortunately for the tenant, the building manager was able to be contacted to resolve the issue.
Although the tenant had to sleep with the door being unlocked for that night, the lock was fixed by the following morning on Saturday 18 th November 2023.
The tenant wanted reassurance that the locksmith had done a professional job. I see no basis for making a work order for another locksmith to audit the work done already.
If the tenant is still worried, the tenant can get a locksmith to have the lock checked. If that check finds any shortcomings with the work done already, then the tenant can seek the cost to be reimbursed from the landlord.
Although it is unfortunate that the tenant was pregnant and claustrophobic when the tenant was locked in, I do not find that it was a result of the landlord failing to maintain the premises to a reasonable standard.
I dismiss the tenant’s claim for compensation for the broken door lock. Market rent claim withdrawn
The tenant also sought for the Tribunal to consider whether the proposed rent increase results in rent that exceeds the market rent by a substantial amount under section 25 RTA.
However, as neither party was fully prepared to compare market rent, the tenant withdrew this claim so that this claim could be pursued at a later time if it needed to be pursued. Filing free reimbursement 4737369, 47376294
Because the tenant has substantially succeeded with the claim, I order the landlord to reimburse the filing fee.

Tenancy Tribunal case 4737369 — Tenancy dispute

At a glance

Tenancy Tribunal case 4737369 — Tenancy dispute

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