What was Tenancy Tribunal case 4786878 about?

The tribunal order states: First West Property Management Limited Acting Agent For N S Huljich Estate

How much money was awarded in case 4786878?

Cleaning: $450.00 awarded to landlord; Property Damage: $1,500.00 awarded to tenant; Doors: $500.00 awarded to landlord

What type of tenancy dispute was case 4786878?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4786878?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10108238-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4786878 about?

The tribunal order states: First West Property Management Limited Acting Agent For N S Huljich Estate

How much money was awarded in case 4786878?

Cleaning: $450.00 awarded to landlord; Property Damage: $1,500.00 awarded to tenant; Doors: $500.00 awarded to landlord

What type of tenancy dispute was case 4786878?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4786878?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10108238-Tribunal_Order_Redacted.pdf.

7 Dale Road, Whenuapai, Auckland 0618 Tenancy Tribunal Case 4786878 — Exemplary damages

Claims and awards in Tenancy Tribunal application 4786878 — net $550.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$450.00		Cleaning
Repairs: Doors	$500.00		Repairs: Doors
Exemplary damages: Section 45		$1,500.00	Section 45
Total award	$950.00	$1,500.00
Net award		$550.00
Bond		$1,900.00
Total payable by Landlord to Tenant		$550.00

Order

First West Property Management Limited Acting Agent For N S Huljich Estate (Allan, Kevin And Betty) must pay [The tenant/s] $550.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,900.00 ([Bond number suppressed]) to [The tenant/s] immediately.

Reasons

Both parties attended the hearing. The landlord’s Property Manager attended the hearing by telephone.
The landlord has applied for compensation. The tenant has applied for exemplary damages and made a claim in respect of heating. Tenant’s application
[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair and comply with any relevant enactment in relation to buildings, health and safety.
Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
The landlord failed to maintain the septic tank during the term of the tenancy and did not provide an approved form of heating in the living room. 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. Septic tank
The tenant claims in respect of maintenance issues related to the septic tank.
There have been issues in relation to the septic tank overflowing regularly since the tenancy began. The first time there were drainage issues was in 2015 when a contractor recommended that a new treatment system needed to be installed.
The worst period for the septic tank was in 2022 and 2023 when it overflowed in October 2022, January 2023, April 2023 and May 2023.
At the hearing the landlord said that the overflowing was due to increased occupancy in the tenancy.
Every time the septic tank overflowed there was sewerage on the paving and lawn area. While the landlord may have arranged for the septic tank to be cleaned after it overflowed it seems that the actual cause of the overflowing was not addressed. It is not accepted that it is normal for a septic tank to overflow four times in an eight-month period regardless of the number of people living in the tenancy. If it was due to the occupancy level, then the septic tank was not fit for purpose. Heating
The tenant applied for a claim in respect of the Healthy Homes standards. As this tenancy commenced in 2015 the landlord does not need to comply with the Healthy Homes standards until July 2025.
However, the landlord must provide an approved form of heating in the living room of 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.”
There was a fireplace and a heat pump in one room which the landlord says was the living room. The tenant produced photographs showing another room set up as a living room which had no heating.
While there was a fireplace there were issues with it as the glass door broke on two occasions and was not properly fixed until months later.
The room used by the tenant as a living room should have had heating. If there are two living rooms, then both should have heating. Exemplary damages
The landlord was aware of the septic tank issues and while professionals were employed following the overflowing there is no evidence produced in respect of the actual cause of the problem or that the problem was fixed.
The mess caused by the overflowing septic tank had an impact on the tenant and her family over a lengthy period. As well as having to clean the mess it also meant that parts of the premises were not able to be used at all times during the tenancy.
The tenant is entitled to live in a well maintained and clean tenancy. This was not always the case.
It cannot be in the public interest for tenants to live in situations where there is septic waste on the outside area of a tenancy.
In respect of the heating, the landlord was aware that the tenants used the room in the photograph as mentioned above as a living room. The landlord was also aware that that room did not have an approved form of heating. In addition, the other living room had a fireplace that required maintaining and repairs. The issues with that fireplace went back as far as 2016 when the door needed repairing and again in 2018. The wet back attached to the fireplace also leaked in 2022 and 2023.
The lack of heating in the living room and the fireplace issues would have impacted on the tenant’s enjoyment of the almost nine-year tenancy.
Taking account of the evidence I consider an award of $1,500.00 is reasonable for both the septic tank issues and the heating issues. Landlord’s application
The landlord applied for compensation following the end of the tenancy. The compensation related to damage to internal doors, missing handrails, damage to the kitchen bench and for cleaning and septic tank issues. Cleaning
The landlord obtained quotes from commercial cleaning companies to carry out the cleaning. At the hearing the landlord advised that none of the companies were employed to carry out the cleaning and at the date of hearing the landlord’s daughter is living in the tenancy.
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord produced photographs of the premises following the end of the tenancy. Most of the photographs showed that the premises were reasonably clean and tidy. There were some exceptions, such as the rangehood, ceiling cobwebs and dust in places which meant that these areas were not reasonably clean.
While the landlord produced invoices, he obtained for the cleaning I am not satisfied that the cleaning suggested by the commercial cleaners was necessary for the premises to be reasonably clean. Instead, I have awarded the landlord $450.00 toward the cleaning which I consider to be reasonable on the evidence before the Tribunal. Repairs - doors
The landlord seeks compensation for damage caused to internal doors in the premises and a garage door. A quote was produced for replacing these doors at $4,619.55. The quote included installing and cropping doors as well as paint and polyurethane as required.
At the hearing the landlord advised that the doors had not been replaced so he did not produce an invoice. The doors are estimated to be the same age as the premises and therefore would be around 40 years old.
On the evidence I do not accept the quote presented by the landlord as being the amount that would require replacement of the 40-year-old doors.
According to the landlord five doors need to be replaced. The tenant acknowledged damage to four doors. I award $500.00 for the doors. Kitchen bench
The landlord seeks compensation for a damaged kitchen bench. The bench is made of Formica and would also be original from when the house was built.
On the evidence I am not satisfied that the tenant caused damage to the kitchen bench. It is quite possible that the bench failed due to age and wear and tear.
The landlord’s claim in respect of the kitchen bench is dismissed.
As both parties have had some success with their application, I make no award for reimbursement of the filing fee.
The tenant has applied for suppression and as she has had some success, I make that order accordingly.

Claims and awards in Tenancy Tribunal application 4786878 — net $550.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$450.00		Cleaning
Repairs: Doors	$500.00		Repairs: Doors
Exemplary damages: Section 45		$1,500.00	Section 45
Total award	$950.00	$1,500.00
Net award		$550.00
Bond		$1,900.00
Total payable by Landlord to Tenant		$550.00

Order

First West Property Management Limited Acting Agent For N S Huljich Estate (Allan, Kevin And Betty) must pay [The tenant/s] $550.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,900.00 ([Bond number suppressed]) to [The tenant/s] immediately.

Reasons

Both parties attended the hearing. The landlord’s Property Manager attended the hearing by telephone.
The landlord has applied for compensation. The tenant has applied for exemplary damages and made a claim in respect of heating. Tenant’s application
[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair and comply with any relevant enactment in relation to buildings, health and safety.
Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
The landlord failed to maintain the septic tank during the term of the tenancy and did not provide an approved form of heating in the living room. 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. Septic tank
The tenant claims in respect of maintenance issues related to the septic tank.
There have been issues in relation to the septic tank overflowing regularly since the tenancy began. The first time there were drainage issues was in 2015 when a contractor recommended that a new treatment system needed to be installed.
The worst period for the septic tank was in 2022 and 2023 when it overflowed in October 2022, January 2023, April 2023 and May 2023.
At the hearing the landlord said that the overflowing was due to increased occupancy in the tenancy.
Every time the septic tank overflowed there was sewerage on the paving and lawn area. While the landlord may have arranged for the septic tank to be cleaned after it overflowed it seems that the actual cause of the overflowing was not addressed. It is not accepted that it is normal for a septic tank to overflow four times in an eight-month period regardless of the number of people living in the tenancy. If it was due to the occupancy level, then the septic tank was not fit for purpose. Heating
The tenant applied for a claim in respect of the Healthy Homes standards. As this tenancy commenced in 2015 the landlord does not need to comply with the Healthy Homes standards until July 2025.
However, the landlord must provide an approved form of heating in the living room of 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.”
There was a fireplace and a heat pump in one room which the landlord says was the living room. The tenant produced photographs showing another room set up as a living room which had no heating.
While there was a fireplace there were issues with it as the glass door broke on two occasions and was not properly fixed until months later.
The room used by the tenant as a living room should have had heating. If there are two living rooms, then both should have heating. Exemplary damages
The landlord was aware of the septic tank issues and while professionals were employed following the overflowing there is no evidence produced in respect of the actual cause of the problem or that the problem was fixed.
The mess caused by the overflowing septic tank had an impact on the tenant and her family over a lengthy period. As well as having to clean the mess it also meant that parts of the premises were not able to be used at all times during the tenancy.
The tenant is entitled to live in a well maintained and clean tenancy. This was not always the case.
It cannot be in the public interest for tenants to live in situations where there is septic waste on the outside area of a tenancy.
In respect of the heating, the landlord was aware that the tenants used the room in the photograph as mentioned above as a living room. The landlord was also aware that that room did not have an approved form of heating. In addition, the other living room had a fireplace that required maintaining and repairs. The issues with that fireplace went back as far as 2016 when the door needed repairing and again in 2018. The wet back attached to the fireplace also leaked in 2022 and 2023.
The lack of heating in the living room and the fireplace issues would have impacted on the tenant’s enjoyment of the almost nine-year tenancy.
Taking account of the evidence I consider an award of $1,500.00 is reasonable for both the septic tank issues and the heating issues. Landlord’s application
The landlord applied for compensation following the end of the tenancy. The compensation related to damage to internal doors, missing handrails, damage to the kitchen bench and for cleaning and septic tank issues. Cleaning
The landlord obtained quotes from commercial cleaning companies to carry out the cleaning. At the hearing the landlord advised that none of the companies were employed to carry out the cleaning and at the date of hearing the landlord’s daughter is living in the tenancy.
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord produced photographs of the premises following the end of the tenancy. Most of the photographs showed that the premises were reasonably clean and tidy. There were some exceptions, such as the rangehood, ceiling cobwebs and dust in places which meant that these areas were not reasonably clean.
While the landlord produced invoices, he obtained for the cleaning I am not satisfied that the cleaning suggested by the commercial cleaners was necessary for the premises to be reasonably clean. Instead, I have awarded the landlord $450.00 toward the cleaning which I consider to be reasonable on the evidence before the Tribunal. Repairs - doors
The landlord seeks compensation for damage caused to internal doors in the premises and a garage door. A quote was produced for replacing these doors at $4,619.55. The quote included installing and cropping doors as well as paint and polyurethane as required.
At the hearing the landlord advised that the doors had not been replaced so he did not produce an invoice. The doors are estimated to be the same age as the premises and therefore would be around 40 years old.
On the evidence I do not accept the quote presented by the landlord as being the amount that would require replacement of the 40-year-old doors.
According to the landlord five doors need to be replaced. The tenant acknowledged damage to four doors. I award $500.00 for the doors. Kitchen bench
The landlord seeks compensation for a damaged kitchen bench. The bench is made of Formica and would also be original from when the house was built.
On the evidence I am not satisfied that the tenant caused damage to the kitchen bench. It is quite possible that the bench failed due to age and wear and tear.
The landlord’s claim in respect of the kitchen bench is dismissed.
As both parties have had some success with their application, I make no award for reimbursement of the filing fee.
The tenant has applied for suppression and as she has had some success, I make that order accordingly.

Tenancy Tribunal case 4786878 — Exemplary damages at 7 Dale Road, Whenuapai, Auckland 0618

At a glance

Tenancy Tribunal case 4786878 — Exemplary damages at 7 Dale Road, Whenuapai, Auckland 0618

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