What was Tenancy Tribunal case 4752522 about?

The tribunal order states: The tenancy of [The tenant/s] at 15 Mountbatten Avenue, Hillcrest, Auckland

How much money was awarded in case 4752522?

Compensation: Hot water cylinder rei…: $3,885.09 awarded to tenant; Compensation: Plumber To Look At HWC: $94.88 awarded to tenant; Compensation: Plumbing Reimbursement: $203.80 awarded to tenant; Smoke Alarms: $45.55 awarded to tenant; Property Damage: $252.64 awarded to tenant; Property Damage: $200.00 awarded to tenant; Property Damage: $250.00 awarded to tenant; Rent Arrears: $2,600.00 awarded to landlord

What type of tenancy dispute was case 4752522?

The primary dispute was Exemplary damages. Related themes: Property damage, Leaks, Smoke alarms.

Where can I read the official tribunal order for case 4752522?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9871637-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4752522 about?

The tribunal order states: The tenancy of [The tenant/s] at 15 Mountbatten Avenue, Hillcrest, Auckland

How much money was awarded in case 4752522?

Compensation: Hot water cylinder rei…: $3,885.09 awarded to tenant; Compensation: Plumber To Look At HWC: $94.88 awarded to tenant; Compensation: Plumbing Reimbursement: $203.80 awarded to tenant; Smoke Alarms: $45.55 awarded to tenant; Property Damage: $252.64 awarded to tenant; Property Damage: $200.00 awarded to tenant; Property Damage: $250.00 awarded to tenant; Rent Arrears: $2,600.00 awarded to landlord

What type of tenancy dispute was case 4752522?

The primary dispute was Exemplary damages. Related themes: Property damage, Leaks, Smoke alarms.

Where can I read the official tribunal order for case 4752522?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9871637-Tribunal_Order_Redacted.pdf.

15 Mountbatten Avenue, Hillcrest, Auckland 0627 Tenancy Tribunal Case 4752522 — Exemplary damages

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4752522 — net $2,331.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 23 January 2024	$2,600.00		Rent arrears to 23 January 2024
Compensation: Hot water cylinder reimbursement		$3,885.09	Hot water cylinder reimbursement
Compensation: Tap replacement reimbursement		$252.64	Tap replacement reimbursement
Compensation: Smoke alarms		$45.55	Smoke alarms
Compensation: Plumbing reimbursement		$203.80	Plumbing reimbursement
Exemplary damages: Bond not lodged		$200.00	Bond not lodged
Exemplary damages: No tenancy agreement		$250.00	No tenancy agreement
Compensation: Plumber to look at HWC		$94.88	Plumber to look at HWC
Total award	$2,600.00	$4,931.96
Net award		$2,331.96
Bond		$2,100.00
Total payable by Landlord to Tenant		$2,331.96

The tenancy of [The tenant/s] at 15 Mountbatten Avenue, Hillcrest, Auckland 0627 is terminated, and possession is granted to [The landlord/s], at midnight, Sunday 28 January 2024.

[The landlord/s] must pay [The tenant/s] $2,331.96 immediately, calculated as shown in the table below:

The Bond Centre is to pay the bond of $2,100.00 ([Bond number suppressed]) to [The tenant/s] immediately.

All remaining claims are dismissed.

Reasons

Both parties attended the hearing.

The tenant has applied for reimbursement for costs, compensation in relation to an assault and exemplary damages.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and rent arrears. Tenant’s application Reimbursement for costs

The tenant seeks reimbursement for the following costs: (a) New hot water cylinder - $3,885.09; (b) Plumber looking at hot water cylinder - $94.88; (c) Leaking tap - $252.64; (d) Replace lock - $251.37; (e) Carpet cleaning - $342.00; (f) Healthy Homes assessment - $287.50; and (g) Laundry pipe repair - $203.80.

The tenant says that he raised the above issues with the landlord but was not able to provide any evidence of that communication which was often verbal. The tenant did send an email to the landlord on 18 December 2023 but that was after the work was carried out.

Section 45(1)(d) Residential Tenancies Act states that the landlord shall, compensate the tenant for any reasonable expenses incurred by the tenant in repairing the premises where— (i)the state of disrepair has arisen otherwise than as a result of a breach of the tenancy agreement by the tenant and is likely to cause injury to persons or property or is otherwise serious and urgent; and (ii)the tenant has given the landlord notice of the state of disrepair or made a reasonable attempt to do so;

While there is no clear evidence that the tenant gave the landlord notice I accept that the landlord did not act when the tenant complained that the hot water was not working. The tenant produced a report from a plumber confirming that there was no hot water. While the landlord said that she attended and there was no problem, she is not a plumber.

I also accept the tenant’s evidence in relation to the leaking tap and the laundry pipe repair. These are repairs that needed to be acted on swiftly and if left could cause unnecessary water loss or damage to the premises. I therefore grant reimbursement for these costs.

I do not grant reimbursement of the remaining costs. The lock replacement was not essential. Also, section 46(2) Residential Tenancies Act provides, Neither the landlord nor the tenant shall alter any existing lock or similar device, or add to or remove from the premises any lock or similar device, without the consent of the other given at the time that, or a reasonable time before, the alteration, removal, or addition is carried out.

There is no evidence that the carpet needed cleaning. Also, the landlord produced an invoice showing that she had paid for the carpet to be commercially cleaned at the beginning of the tenancy.

In relation to the Healthy Homes standards, the landlord had 120 days from the start of the tenancy to comply with the Healthy Homes standards. The tenant obtained the Healthy Homes assessment on 3 December 2023, which is only 30 days from commencement of the tenancy. For this reason, I do not reimburse the tenant for this cost.

The tenant also referred to the landlord’s failure to install smoke alarms. The tenant paid for smoke alarms which he installed. The landlord claims that the tenant’s smoke alarms did not comply.

The law requires that it is the landlord’s responsibility to ensure that there are sufficient and compliant smoke alarms at the commencement of the tenancy. I award the tenant reimbursement for the costs of the smoke alarms which he should not have needed to purchase. The landlord is reminded of her obligation to comply with section 45(1)(ba) which states, The landlord shall comply with all requirements in respect of smoke alarms imposed on the landlord by regulations made under section 138A. Compensation

The tenant sought compensation in relation to an assault which he says occurred on 19 December 2023.

I have seen video footage from both parties. I do not see clear evidence of an assault. There is some pushing and shoving but this is by both parties.

It seems to me that both parties were at fault on that day. The tenant should have allowed the landlord access in accordance with the notice given. The landlord should not have been accompanied by both her husband and brother and should not have looked at and taken photographs of documents inside the premises or looked inside the tenant’s fridge.

I dismiss the application for compensation. Exemplary damages

The tenant sought exemplary damages for failure to maintain, unlawful entry, failure to lodge the bond and no tenancy agreement.

There was insufficient evidence in relation to the failure to maintain and the unlawful entry claims. Those claims are dismissed. Bond lodgement

[The tenant/s] claims the landlord has not lodged the bond with the Bond Centre within the required time.

A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.

The landlord did not lodge the bond with the Bond Centre until 1 January 2024, although the Bond Centre did not acknowledge receipt until 8 January 2024. Both dates were well outside the 23 working day timeframe. I find they have committed an unlawful act.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.

The landlord said that she did not lodge the bond because the tenant would not sign the bond form and because she did not have the tenant’s email address. Neither of these prevent the landlord from lodging the bond. The landlord also said that she is a first-time landlord, but this also is no excuse.

There is a public interest for landlords to lodge bonds. I note that the landlord has a tenancy in the downstairs part of the premises which has been going for two years. The landlord should be aware of her legal obligations as a landlord.

I consider an award of $200.00 is reasonable in the circumstances. No Tenancy Agreement

The parties agreed that there was no signed tenancy agreement. The landlord produced a draft agreement which had not been completed other than some extra clauses added at the end. The agreement does not have key elements such as the names of the parties, the address of the tenancy, the start date of the tenancy, the amount of rent or bond and it has not been signed.

Section 13 Residential Tenancies Act provides, (1)The landlord must ensure that the tenancy agreement is in writing. (2)The landlord must, before the tenancy commences,— (a)sign the tenancy agreement; and (b)provide a copy of the tenancy agreement to the tenant (whether or not

Section 13(4) states, A landlord who fails to comply with subsection (1) or (2)— (a)commits an unlawful act; and (b)commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B.

Breaching this obligation is an unlawful act, for which the Tribunal may award exemplary damages up to a maximum of $750.00. See section 13(4) and Schedule 1A Residential Tenancies Act 1986.

The landlord’s failure to ensure that the tenancy agreement was in writing has contributed to the dispute between the parties. It has caused uncertainty and mistrust.

I consider that an award of $250.00 is reasonable in the circumstances. Landlord’s application

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.

Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at date of hearing. Filing fee and suppression

As both parties have had some success with their applications, I make no award for reimbursement of the filing fee. For the same reason I suppress the names of both the tenant and the landlord.

Order

Claims and awards in Tenancy Tribunal application 4752522 — net $2,331.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 23 January 2024	$2,600.00		Rent arrears to 23 January 2024
Compensation: Hot water cylinder reimbursement		$3,885.09	Hot water cylinder reimbursement
Compensation: Tap replacement reimbursement		$252.64	Tap replacement reimbursement
Compensation: Smoke alarms		$45.55	Smoke alarms
Compensation: Plumbing reimbursement		$203.80	Plumbing reimbursement
Exemplary damages: Bond not lodged		$200.00	Bond not lodged
Exemplary damages: No tenancy agreement		$250.00	No tenancy agreement
Compensation: Plumber to look at HWC		$94.88	Plumber to look at HWC
Total award	$2,600.00	$4,931.96
Net award		$2,331.96
Bond		$2,100.00
Total payable by Landlord to Tenant		$2,331.96