What was Tenancy Tribunal case 4769624 about?

The tribunal order states: Krish Kavish Shankar must pay [The tenant/s] $3,068.08 immediately,

How much money was awarded in case 4769624?

Compensation: Maintenance & Heating: $1,200.00 awarded to tenant; Electrical Invoice Reimbursement: $373.75 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Plumbing Invoice Reimbursement: $304.75 awarded to tenant; Water Rates: $330.86 awarded to landlord

Where can I read the official tribunal order for case 4769624?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10004487-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4769624 about?

The tribunal order states: Krish Kavish Shankar must pay [The tenant/s] $3,068.08 immediately,

How much money was awarded in case 4769624?

Compensation: Maintenance & Heating: $1,200.00 awarded to tenant; Electrical Invoice Reimbursement: $373.75 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Plumbing Invoice Reimbursement: $304.75 awarded to tenant; Water Rates: $330.86 awarded to landlord

Where can I read the official tribunal order for case 4769624?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10004487-Tribunal_Order_Redacted.pdf.

381 West Coast Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 4769624 — Leaks

Reasons

Claims and awards in Tenancy Tribunal application 4769624 — net $3,068.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$330.86		Water rates
Electrical invoice reimbursement		$373.75	Electrical invoice reimbursement
Plumbing invoice reimbursement		$304.75	Plumbing invoice reimbursement
Compensation: Maintenance & heating		$1,200.00	Maintenance & heating
Bond refund		$1,500.00	Bond refund
Filing fee reimbursement		$20.44	Filing fee reimbursement
Total award	$330.86	$3,398.94
Net award		$3,068.08
Total payable by Landlord to Tenant		$3,068.08

Both parties attended the hearing. The landlord was represented by counsel.

The tenant applied for a work order, a claim pursuant to the Healthy Homes standards and for compensation.

The tenancy began in 2018 and ended on 13 February 2024.

As the tenancy has ended a work order is no longer required but the repairs and maintenance sought by the tenant will impact on the tenant’s claim in respect of the landlord not maintaining the premises. The application for a work order is dismissed.

There was no tenancy agreement. The landlord also did not lodge the bond with the Bond Centre. There is agreement that a bond of $1,500.00 was paid at the commencement of the tenancy. Counsel for the landlord submitted that the bond was refunded to one of the earlier tenants when she vacated the premises around March or April 2020. There is evidence that the bond was paid to the landlord but no evidence that the bond was released to the tenant. I have included in the order the refund of the bond money to the tenant.

The tenant claims in respect of the Healthy Homes standards. The tenancy began in 2018 which means that the Healthy Homes compliance date is not until 1 July 2025.

As the tenant was not aware of the compliance date a Healthy Homes report was obtained. That report confirms that the premises failed in respect of all the Healthy Homes standards. As the compliance date is not until next year the landlord is not in breach and no claim is awarded. However, the report does provide evidence relating to maintenance issues.

The Healthy Homes report details that a lounge window has been siliconed shut due to broken latches. This may be the window that the tenant alleges was damaged during a burglary in 2022. There is also a bathroom window that cannot be opened due to a broken handle.

From the photographs in the Healthy Homes report and other photographs produced it seems that there has been little if any maintenance during the tenancy. The tenant says that the landlord advised that if he undertook any maintenance then the rent would need to be increased.

There were two urgent maintenance issues that the landlord did not address. The first was in April 2023 when there were drainage issues, and the shower drains were not clearing. The landlord did not address the issue. The tenant had to travel from Glen Eden to Ellerslie over a two-week period whenever he needed a shower. As the landlord did not act the tenant employed a plumber and the plumber’s invoice records that there was an under-size waste pipe.

The other urgent maintenance issue involved the hot water cylinder. The landlord again failed to act so the tenant employed an electrician who replaced a faulty thermostat.

Section 45(1)(d) Residential Tenancies Act states 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

The tenant is entitled to be reimbursed for these expenses and that is ordered.

During the tenancy there were maintenance issues which the tenant said the landlord failed to address. I am told that a 14-day notice was issued to the landlord in April 2023, but that document has not been produced. The work order lists maintenance issues such as windows that could not be opened. The Healthy Homes report records that some of the guttering was missing.

The tenant should be compensated in relation to the landlord’s failure to maintain the premises. I have considered matters such as the landlord having to travel to have a shower over a two-week period. I also take account of the lack of heating for a period during the tenancy.

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.”

While it is not clear when the landlord installed a heat pump it is agreed that there was a period of at least three years where there was no heating.

The tenant should be compensated for the lack of maintenance during the tenancy. I consider that compensation of $1,200.00 is reasonable in the circumstances.

The parties agreed that the tenant owed money for water rates at the end of the tenancy. The landlord’s representative produced some invoices. The water consumption from those invoices amounts to $330.86 so that amount is included in the order by consent.

Because [The respondent/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason I have suppressed the tenant’s name.

Claims and awards in Tenancy Tribunal application 4769624 — net $3,068.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$330.86		Water rates
Electrical invoice reimbursement		$373.75	Electrical invoice reimbursement
Plumbing invoice reimbursement		$304.75	Plumbing invoice reimbursement
Compensation: Maintenance & heating		$1,200.00	Maintenance & heating
Bond refund		$1,500.00	Bond refund
Filing fee reimbursement		$20.44	Filing fee reimbursement
Total award	$330.86	$3,398.94
Net award		$3,068.08
Total payable by Landlord to Tenant		$3,068.08

Order

Krish Kavish Shankar must pay [The tenant/s] $3,068.08 immediately, calculated as shown in table below:
All remaining claims are dismissed.

Reasons

Both parties attended the hearing. The landlord was represented by counsel.
The tenant applied for a work order, a claim pursuant to the Healthy Homes standards and for compensation.
The tenancy began in 2018 and ended on 13 February 2024.
As the tenancy has ended a work order is no longer required but the repairs and maintenance sought by the tenant will impact on the tenant’s claim in respect of the landlord not maintaining the premises. The application for a work order is dismissed.
There was no tenancy agreement. The landlord also did not lodge the bond with the Bond Centre. There is agreement that a bond of $1,500.00 was paid at the commencement of the tenancy. Counsel for the landlord submitted that the bond was refunded to one of the earlier tenants when she vacated the premises around March or April 2020. There is evidence that the bond was paid to the landlord but no evidence that the bond was released to the tenant. I have included in the order the refund of the bond money to the tenant.
The tenant claims in respect of the Healthy Homes standards. The tenancy began in 2018 which means that the Healthy Homes compliance date is not until 1 July 2025.
As the tenant was not aware of the compliance date a Healthy Homes report was obtained. That report confirms that the premises failed in respect of all the Healthy Homes standards. As the compliance date is not until next year the landlord is not in breach and no claim is awarded. However, the report does provide evidence relating to maintenance issues.
The Healthy Homes report details that a lounge window has been siliconed shut due to broken latches. This may be the window that the tenant alleges was damaged during a burglary in 2022. There is also a bathroom window that cannot be opened due to a broken handle.
From the photographs in the Healthy Homes report and other photographs produced it seems that there has been little if any maintenance during the tenancy. The tenant says that the landlord advised that if he undertook any maintenance then the rent would need to be increased.
There were two urgent maintenance issues that the landlord did not address. The first was in April 2023 when there were drainage issues, and the shower drains were not clearing. The landlord did not address the issue. The tenant had to travel from Glen Eden to Ellerslie over a two-week period whenever he needed a shower. As the landlord did not act the tenant employed a plumber and the plumber’s invoice records that there was an under-size waste pipe.
The other urgent maintenance issue involved the hot water cylinder. The landlord again failed to act so the tenant employed an electrician who replaced a faulty thermostat.
Section 45(1)(d) Residential Tenancies Act states 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
The tenant is entitled to be reimbursed for these expenses and that is ordered.
During the tenancy there were maintenance issues which the tenant said the landlord failed to address. I am told that a 14-day notice was issued to the landlord in April 2023, but that document has not been produced. The work order lists maintenance issues such as windows that could not be opened. The Healthy Homes report records that some of the guttering was missing.
The tenant should be compensated in relation to the landlord’s failure to maintain the premises. I have considered matters such as the landlord having to travel to have a shower over a two-week period. I also take account of the lack of heating for a period during the tenancy.
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.”
While it is not clear when the landlord installed a heat pump it is agreed that there was a period of at least three years where there was no heating.
The tenant should be compensated for the lack of maintenance during the tenancy. I consider that compensation of $1,200.00 is reasonable in the circumstances.
The parties agreed that the tenant owed money for water rates at the end of the tenancy. The landlord’s representative produced some invoices. The water consumption from those invoices amounts to $330.86 so that amount is included in the order by consent.
Because [The respondent/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason I have suppressed the tenant’s name.

Tenancy Tribunal case 4769624 — Leaks at 381 West Coast Road, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 4769624 — Leaks at 381 West Coast Road, Glen Eden, Auckland 0602

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