What was Tenancy Tribunal case 4768018 about?

The tribunal order states: Premium Rental Property Management Limited Yuki Wu must pay [The

How much money was awarded in case 4768018?

Compensation: Rent relief - maintena…: $2,850.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4768018?

The dispute type was not classified.

Where can I read the official tribunal order for case 4768018?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9987066-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4768018 about?

The tribunal order states: Premium Rental Property Management Limited Yuki Wu must pay [The

How much money was awarded in case 4768018?

Compensation: Rent relief - maintena…: $2,850.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4768018?

The dispute type was not classified.

Where can I read the official tribunal order for case 4768018?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9987066-Tribunal_Order_Redacted.pdf.

Unit/Flat 1, 16 Kenderdine Road, Papatoetoe, Auckland Tenancy Tribunal Case 4768018 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4768018 — net $2,870.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Rent relief - maintenance	$2,850.00	Rent relief - maintenance
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,870.44
Total payable by Landlord to Tenant	$2,870.44

Order

Premium Rental Property Management Limited Yuki Wu must pay [The tenant/s] $2,870.44 immediately, being compensation for lack of maintenance.
The landlord must carry out the following work to the premises, which must be completed by 21 April 2024: a. Repair the roof to ensure there are no leaks; b. Repair the ceilings in the lounge, kitchen and main bathroom.
The landlord must carry out the following work to the premises, which must be completed by 21 March 2024: c. Repair the window latches; d. Replace the electric towel rail; e. Repair the shower door and lining; f. Repair the light fixture; g. Repair the stove; h. Replace the toilet cistern; i. Replace the curtains.
As an alternative to compliance with Order 3 and 4, the landlord must pay the tenant $2,000.00 immediately.
If the landlord fails to comply with either Order 3 or 4 above, then the tenant may undertake the work and charge the landlord the costs of this work up to $10,000.00. These costs may be set off against rent payable.

Reasons

Both parties attended the hearing.
The tenancy began on 9 February 2018.
The tenant has applied for a work order, a claim in respect of the Healthy Homes standards and for compensation due to the landlord’s lack of maintenance.
The tenant claims that the landlord did not carry out repairs and maintenance at the premises in relation to the roof, ceiling, windows, towel rail, shower, light fixture, stove, toilet cistern and curtains. The tenant wants the problems 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 tenant has complained to the landlord in respect of maintenance for some time. The landlord’s representative did not provide any evidence that the landlord has carried out any maintenance. At the hearing he said that the landlord had temporarily fixed the roof, fixed one of the windows, fixed the shower door and painted the mouldy toilet cistern. But no evidence was produced to support this. The tenant says that the problems continue.
The landlord’s agent produced an inspection report dated 15 February 2024. That report records that the curtains are old and mouldy, the toilet tank is mouldy, there is a hole in the lounge ceiling which the tenant has taped over, the ceiling is slightly collapsed, the ceilings in the bathroom and one of the bedrooms are mouldy and the towel holder is rusty. This report confirms many of the issues raised by the tenant.
If the landlord fails to carry out the work order within the timeframe ordered then the landlord must pay to the tenant $2,000.00. In addition, the tenant will be entitled to employ professionals to carry out the work at a maximum of $10,000.00 which can then be offset against the rent.
The tenant had applied in respect of the Healthy Homes standards. As this tenancy began in 2018 the Healthy Homes compliance date for these premises is 1 July 2025. The landlord is therefore not in breach of the Healthy Homes standards.
The tenant had complained that there is no heating at the premises. The Housing Improvement Regulations 1947 set out the minimum standards that apply to premises, including: “6.Every living room shall be fitted with a fireplace and chimney or other approved form of heating.”
The property does not have an approved form of heating and the tenant has not had any heating for the six years that he has been in this tenancy.
At the hearing the landlord’s agent advised that the landlord is looking at installing a heat pump. He will need to do so to comply with both the Housing Improvements Regulations and the Health Homes standards (by 1 July 2025).
In the meantime, the tenant has suffered with no heating. He has also reported that there is extensive mould in the premises. There was no evidence that the landlord has taken any steps to investigate the cause of the mould although it is likely that the leaky roof and windows that have broken latches are contributors to this issue.
The tenant’s evidence is that they try to ventilate the premises but when they open the windows they get caught by the wind. The tenant also produced a video showing water droplets on the ceiling of the bathroom which is likely to either be condensation or leaking. While there is mechanical ventilation in the bathroom this should be checked to ensure that it is working.
In the inspection report it mentions the tenant’s responsibility to ventilate the property however there is also a responsibility on the landlord in relation to mould.
In Warwick Todd Ltd v Tapper TT1381/02, Christchurch, 14/089/2002, it was said:
“A tenant must also tell the landlord where there is a mould problem so that the necessary action can be taken. The landlord is also required to provide premises that are not prone to mould. If the premises have an inherent problem, such as bad construction or water lying under the premises, the landlord has the responsibility to remedy the fault. Premises must be able to be used and lived in, in the normal responsible way, without mould developing. If this can not be done then it is the landlord problem. If the tenant fails to ventilate and heat appropriately when heating and ventilation is available, then it is the tenant’s problem.”
The tenant reports that he has had health issues at the premises due to the mould. The landlord needs to investigate the cause of the mould. It is likely that repairing the roof will go some way to improving the situation.
The failure by the landlord to carry out maintenance repairs in a timely manner has had an impact on the tenant and he should be compensated for that. I consider an award of five weeks rent, amounting to $2,850.00 is reasonable. In making this award I take account of the issues raised by the tenant including the mould, the lack of heating, the loss of amenity from the stove not working and the leaking.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason I reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4768018 — net $2,870.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Rent relief - maintenance	$2,850.00	Rent relief - maintenance
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,870.44
Total payable by Landlord to Tenant	$2,870.44

Order

Premium Rental Property Management Limited Yuki Wu must pay [The tenant/s] $2,870.44 immediately, being compensation for lack of maintenance.
The landlord must carry out the following work to the premises, which must be completed by 21 April 2024: a. Repair the roof to ensure there are no leaks; b. Repair the ceilings in the lounge, kitchen and main bathroom.
The landlord must carry out the following work to the premises, which must be completed by 21 March 2024: c. Repair the window latches; d. Replace the electric towel rail; e. Repair the shower door and lining; f. Repair the light fixture; g. Repair the stove; h. Replace the toilet cistern; i. Replace the curtains.
As an alternative to compliance with Order 3 and 4, the landlord must pay the tenant $2,000.00 immediately.
If the landlord fails to comply with either Order 3 or 4 above, then the tenant may undertake the work and charge the landlord the costs of this work up to $10,000.00. These costs may be set off against rent payable.

Reasons

Both parties attended the hearing.
The tenancy began on 9 February 2018.
The tenant has applied for a work order, a claim in respect of the Healthy Homes standards and for compensation due to the landlord’s lack of maintenance.
The tenant claims that the landlord did not carry out repairs and maintenance at the premises in relation to the roof, ceiling, windows, towel rail, shower, light fixture, stove, toilet cistern and curtains. The tenant wants the problems 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 tenant has complained to the landlord in respect of maintenance for some time. The landlord’s representative did not provide any evidence that the landlord has carried out any maintenance. At the hearing he said that the landlord had temporarily fixed the roof, fixed one of the windows, fixed the shower door and painted the mouldy toilet cistern. But no evidence was produced to support this. The tenant says that the problems continue.
The landlord’s agent produced an inspection report dated 15 February 2024. That report records that the curtains are old and mouldy, the toilet tank is mouldy, there is a hole in the lounge ceiling which the tenant has taped over, the ceiling is slightly collapsed, the ceilings in the bathroom and one of the bedrooms are mouldy and the towel holder is rusty. This report confirms many of the issues raised by the tenant.
If the landlord fails to carry out the work order within the timeframe ordered then the landlord must pay to the tenant $2,000.00. In addition, the tenant will be entitled to employ professionals to carry out the work at a maximum of $10,000.00 which can then be offset against the rent.
The tenant had applied in respect of the Healthy Homes standards. As this tenancy began in 2018 the Healthy Homes compliance date for these premises is 1 July 2025. The landlord is therefore not in breach of the Healthy Homes standards.
The tenant had complained that there is no heating at the premises. The Housing Improvement Regulations 1947 set out the minimum standards that apply to premises, including: “6.Every living room shall be fitted with a fireplace and chimney or other approved form of heating.”
The property does not have an approved form of heating and the tenant has not had any heating for the six years that he has been in this tenancy.
At the hearing the landlord’s agent advised that the landlord is looking at installing a heat pump. He will need to do so to comply with both the Housing Improvements Regulations and the Health Homes standards (by 1 July 2025).
In the meantime, the tenant has suffered with no heating. He has also reported that there is extensive mould in the premises. There was no evidence that the landlord has taken any steps to investigate the cause of the mould although it is likely that the leaky roof and windows that have broken latches are contributors to this issue.
The tenant’s evidence is that they try to ventilate the premises but when they open the windows they get caught by the wind. The tenant also produced a video showing water droplets on the ceiling of the bathroom which is likely to either be condensation or leaking. While there is mechanical ventilation in the bathroom this should be checked to ensure that it is working.
In the inspection report it mentions the tenant’s responsibility to ventilate the property however there is also a responsibility on the landlord in relation to mould.
In Warwick Todd Ltd v Tapper TT1381/02, Christchurch, 14/089/2002, it was said:
“A tenant must also tell the landlord where there is a mould problem so that the necessary action can be taken. The landlord is also required to provide premises that are not prone to mould. If the premises have an inherent problem, such as bad construction or water lying under the premises, the landlord has the responsibility to remedy the fault. Premises must be able to be used and lived in, in the normal responsible way, without mould developing. If this can not be done then it is the landlord problem. If the tenant fails to ventilate and heat appropriately when heating and ventilation is available, then it is the tenant’s problem.”
The tenant reports that he has had health issues at the premises due to the mould. The landlord needs to investigate the cause of the mould. It is likely that repairing the roof will go some way to improving the situation.
The failure by the landlord to carry out maintenance repairs in a timely manner has had an impact on the tenant and he should be compensated for that. I consider an award of five weeks rent, amounting to $2,850.00 is reasonable. In making this award I take account of the issues raised by the tenant including the mould, the lack of heating, the loss of amenity from the stove not working and the leaking.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason I reimburse the filing fee.

Tenancy Tribunal case 4768018 — Tenancy dispute at Unit/Flat 1, 16 Kenderdine Road, Papatoetoe, Auckland

At a glance

Tenancy Tribunal case 4768018 — Tenancy dispute at Unit/Flat 1, 16 Kenderdine Road, Papatoetoe, Auckland

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