How much money was awarded in case 4755073?

Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4755073?

The dispute type was not classified.

Where can I read the official tribunal order for case 4755073?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10118602-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4755073?

Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4755073?

The dispute type was not classified.

Where can I read the official tribunal order for case 4755073?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10118602-Tribunal_Order_Redacted.pdf.

4 Bacot Place, Howick, Auckland 2014 Tenancy Tribunal Case 4755073 — Tenancy dispute

Q: What was Tenancy Tribunal case 4755073 about?

The tribunal order states: The landlord must carry out the following work to the premises, which must be

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4755073 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Total payable by Landlord to Tenant	$20.44

The landlord must carry out the following work to the premises, which must be completed by Friday 12 April 2024: a. Employ a professional pest control company to assess the premises for pest infestation, provide recommendations for appropriate and effective treatment and carry out that treatment.

As an alternative to compliance with Order 2, the landlord must pay the tenant $1,500.00 immediately.

If the landlord fails to comply with either Order 2 or 3 above, then the tenant may undertake the work and charge the landlord the costs of this work up to $1,500.00. These costs may be set off against rent payable.

Reasons

Both parties attended the hearing.

The tenant claims that the landlord did not address the pest (rat) problem at the premises. The tenant wants the problem fixed.

Under section 45(1)(a) - (ca) Residential Tenancies Act 1986, the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements.

Where the Tribunal finds the landlord has failed to comply with any of these obligations, it may make an order for the landlord to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.

If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order. This provision does not apply to any work order, or part of a work order, in relation to smoke alarms, insulation, a failure to comply with a standard of fitness under section 120C Health Act 1956, or a failure to comply with any health or safety legislative requirement. See sections 78(2) and 78(2AA) Residential Tenancies Act 1986.

A work order may also authorise the tenant to undertake the work and charge the landlord the costs of doing the work, if the landlord should fail to comply with the work order and alternative monetary order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be set off by the tenant against rent payable. See sections 78(2AAB) and 78(2AAC)(b) Residential Tenancies Act 1986.

Has the landlord failed to comply with their obligations?

The tenancy began on 27 July 2023.

On 18 November 2023 the tenant emailed the landlord to advise that rodent droppings had been found in the laundry cupboard. Later the tenant located further rodent droppings around the premises.

The landlord had attempted to address the issue by providing rat bait and closing the holes around the premises.

At the hearing the tenant confirms that the problem continues. The rodents are still heard in the ceiling cavity and two residents have signed the rodent within the last week.

While the landlord has closed holes the rodent is still able to enter the home. Neither the landlord nor the tenant are aware of how the rodent is entering the home.

It is necessary for the landlord to address this issue with a professional pest management company. The tenant says that there were bait stations in the premises when they moved in, so it is likely that this issue has been present before this tenancy began.

It is four months since this issue was raised with the landlord. While some steps have been taken by the landlord the issue is not resolved. If the landlord chooses not to comply with this work order the tenant is awarded $1,500.00 and may employ a company to carry out the work to a maximum of $1,500.00.

The tenant had also claimed in respect of the Healthy Homes standards. The main issue was the lack of a moisture barrier in some areas under the house.

The landlord had obtained a Healthy Homes report dated 24 July 2023. The full report was produced by the landlord during the hearing. The report states that the premises are exempt in relation to a moisture barrier.

The tenant remains concerned that the person carrying out the assessment did not have access to the area under the main house where there is no moisture barrier. This is a matter that the landlord should raise with the company carrying out the assessment to ensure that the exemption is appropriate. I make no award in relation to the Healthy Homes standards.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason I have suppressed the tenant’s name as they have sought in their application.

Order

Claims and awards in Tenancy Tribunal application 4755073 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Total payable by Landlord to Tenant	$20.44

As an alternative to compliance with Order 2, the landlord must pay the tenant $1,500.00 immediately.

Reasons

Both parties attended the hearing.

The tenant claims that the landlord did not address the pest (rat) problem at the premises. The tenant wants the problem fixed.

Under section 45(1)(a) - (ca) Residential Tenancies Act 1986, the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements.

Has the landlord failed to comply with their obligations?

The tenancy began on 27 July 2023.

On 18 November 2023 the tenant emailed the landlord to advise that rodent droppings had been found in the laundry cupboard. Later the tenant located further rodent droppings around the premises.

The landlord had attempted to address the issue by providing rat bait and closing the holes around the premises.

At the hearing the tenant confirms that the problem continues. The rodents are still heard in the ceiling cavity and two residents have signed the rodent within the last week.

While the landlord has closed holes the rodent is still able to enter the home. Neither the landlord nor the tenant are aware of how the rodent is entering the home.

The tenant had also claimed in respect of the Healthy Homes standards. The main issue was the lack of a moisture barrier in some areas under the house.

Tenancy Tribunal case 4755073 — Tenancy dispute at 4 Bacot Place, Howick, Auckland 2014

At a glance

Tenancy Tribunal case 4755073 — Tenancy dispute at 4 Bacot Place, Howick, Auckland 2014

At a glance

Award balance

Claims & awards

Order

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions