What was Tenancy Tribunal case 4784679 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4784679?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4784679?

The primary dispute was Mould & damp. Related themes: State of repair, Healthy homes, Leaks.

Where can I read the official tribunal order for case 4784679?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10220472-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4784679 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4784679?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4784679?

The primary dispute was Mould & damp. Related themes: State of repair, Healthy homes, Leaks.

Where can I read the official tribunal order for case 4784679?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10220472-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4784679 — Mould & damp

Tenantcheck Insights

Reasons

Both parties attended the hearing. [The landlord’s representative] represented the landlord. I gave an oral decision at the hearing; this decision explains my reasoning.

[The tenant/s] has applied for compensation for extremely high electricity bills she received during her time in this tenancy between April 2022 and June 2023.

The timeline is this: i. In October 2022 [The tenant/s] notified [The landlord’s representative] that the hot water was not very warm and was running out quickly. ii. [The landlord’s representative] sent an electrician who reconfigured the wiring for the cylinder but also noted it was a relatively small cylinder for a family. iii. [The tenant/s] then put up with the situation although did notice that her electricity bills kept increasing (averaging around $500-600) and the water was gradually decreasing in temperature. iv. [The landlord’s representative] conducted an inspection in November and noticed the wood around the bath was swelling. She instructed a plumber who looked at it and thought the likely cause was a leak in the bath. v. In March she had had enough and notified [The landlord’s representative] that something was seriously wrong. There is no evidence of any other notifications between October and March. vi. [The landlord’s representative] sent around an electrician who checked the cylinder and found nothing wrong with it. [The tenant/s] did show him her electricity bills however and so he suggested it might be a leak. vii. The plumber was sent and found under the house a leak in a pipe from the hot water cylinder which was rectified immediately. The entrance to the underfloor area was difficult to access as it was under some carpet. viii. The leak has been found to be responsible for the swelling in the bath which has resulted in the landlord having to replace the bath, and swelling in windowsills, as well as mould and [The tenant/s] high power bills. ix. The landlord paid [The tenant/s] the following: a. A $600 goodwill payment given what she had gone through. b. Compensation of $400 for the period she was without a bath when it was being replaced. c. Reimbursement of half of her water rates charges.

[The tenant/s] seeks further compensation in the form of $3-5,000 given she was paying such high power bills which she had expected to be between $150 and $300 per month.

[The landlord’s representative] sympathises with [The tenant/s] however says they acted upon every notification and cannot be held liable for an issue they had not been appraised of. The law

Section 45 of the Residential Tenancies Act 1986 (RTA) requires a landlord to maintain the premises in a reasonable state of repair.

It is well settled that the landlord’s obligation under section 45 of the RTA is to investigate and repair a defect brought to its attention within a timeframe which is reasonable in the circumstances, and as to what that time is, depends on the gravity of the problem but also on the objective attempts made by the landlord to investigate, and put right, whatever the problem might be.

Furthermore, a tenant has a statutory duty to advise of any defects under section 40(1)(d) of the RTA. Therefore, a tenant should promptly notify a landlord of any defects and a landlord should be given a reasonable opportunity to remedy the defect before being liable for any failure to do so.

Section 45 of the RTA does not impose absolute liability on a landlord, and the courts and Tribunal have adopted a “common sense” approach when assessing a landlord’s responsibility for maintenance issues. When considering claims, the Tribunal must also consider s 85 of the RTA which provides that the Tribunal shall determine a dispute according to the substantial merits and justice of the case and in doing so, shall have regard for the law but shall not be bound to give legal effect to strict legal rights or obligations or to legal forms or technicalities. Discussion and findings

[The tenant/s] did notify the landlord in October, and they did respond by having the issue investigated. I am satisfied that the landlord took the appropriate steps in having an electrician look at the cylinder given they had been advised that the issue was one of water heating (not at that stage of high electricity bills). I am also satisfied that they were entitled to rely on that trade’s advice given he did alter the wiring and [The tenant/s] did not advise them that the issue remained.

I am also satisfied that the landlord took the appropriate steps in November when the swelling wood around the bath was noticed by [The landlord’s representative] at the inspection. She sent a plumber who did find a likely cause of the swelling (being a crack in the bath). There is not an obvious connection between the leak under the house and the wood swelling.

I also find that the landlord acted quickly when [The tenant/s] notified them of the ongoing issue in May. It was as a result of those investigations that the leak was identified and the rectified. They also acted reasonably in providing [The tenant/s] with a ‘goodwill’ payment and helping her with the water rates invoices.

The defect with [The tenant/s]’s claim lies in her failure to notify [The landlord’s representative] of the issue after October. When her electricity bills kept increasing, the mould smell intensified, and the water temperature kept lowering would have been the optimal time in doing so. Her reasoning is understandable in that these were slow incremental changes, and she had a baby in December which would have consumed her focus.

I do not find it established that the landlord failed in their obligation to respond appropriately to a notification of maintenance. Accordingly, they have not breached section 45 of the RTA and as such [The tenant/s] is not entitled to further compensation for the issue. I must therefore dismiss the application.

This was an extremely unfortunate situation for both parties for which neither party is at fault. The landlord had the costs of several investigations and then the repair and the remediation of the damage to the bath. [The tenant/s] has had to pay extremely high electric bills.

[The tenant/s] has sought suppression and although she was not successful in her claim, I consider it disproportionate to decline that application. 1 She was genuinely not aware of the law and had high electricity bills which occurred because of a leak. Accordingly, I do not consider it in the public interest to publish the parties details and direct that they be suppressed.

Reasons

Both parties attended the hearing. [The landlord’s representative] represented the landlord. I gave an oral decision at the hearing; this decision explains my reasoning.

[The tenant/s] has applied for compensation for extremely high electricity bills she received during her time in this tenancy between April 2022 and June 2023.

[The tenant/s] seeks further compensation in the form of $3-5,000 given she was paying such high power bills which she had expected to be between $150 and $300 per month.

[The landlord’s representative] sympathises with [The tenant/s] however says they acted upon every notification and cannot be held liable for an issue they had not been appraised of. The law

Section 45 of the Residential Tenancies Act 1986 (RTA) requires a landlord to maintain the premises in a reasonable state of repair.

Tenancy Tribunal case 4784679 — Mould & damp

At a glance

Tenancy Tribunal case 4784679 — Mould & damp

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions