What was Tenancy Tribunal case 4801577 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $2,800.00 immediately, calculated as

How much money was awarded in case 4801577?

Cleaning: $200.00 awarded to tenant; Compensation: $1,400.00 awarded to tenant; Compensation: $70.00 awarded to tenant; Ready To Move Into: $1,300.00 awarded to tenant; Rent Arrears: $5,770.00 awarded to landlord

What type of tenancy dispute was case 4801577?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4801577?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10351673-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4801577 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $2,800.00 immediately, calculated as

How much money was awarded in case 4801577?

Cleaning: $200.00 awarded to tenant; Compensation: $1,400.00 awarded to tenant; Compensation: $70.00 awarded to tenant; Ready To Move Into: $1,300.00 awarded to tenant; Rent Arrears: $5,770.00 awarded to landlord

What type of tenancy dispute was case 4801577?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4801577?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10351673-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4801577 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4801577 — net $2,800.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears calculated as per tenancy agreement	$5,770.00		Rent arrears calculated as per tenancy agreement
Compensation for initial two weeks rent as property not		$1,400.00	Compensation for initial two weeks rent as property not
ready to move into		$1,300.00	ready to move into
Compensation for initial cleaning		$200.00	Compensation for initial cleaning
Compensation for electricity and gas reconnection fee		$70.00	Compensation for electricity and gas reconnection fee
Total award	$5,770.00	$2,970.00
Net award	$2,800.00
Total payable by Tenant to Landlord	$2,800.00

Both parties attended the hearing. The landlord was represented by [new property manager].

The tenancy began on 17 November 2023 and is ongoing.

The landlord filed an application in the Tribunal on 7 February 2024 seeking termination for rent arrears.

At the first hearing of the matter the tenants explained that they had potential claims that would likely offset the arrears. The Adjudicator at that hearing was persuaded to allow the tenants an opportunity to file a cross claim, on the basis that the tenants would continue to pay the current rent as it fell due for payment (and they have done so).

The tenant’s filed their claim on 23 April 2024 seeking orders for compensation.

The tenants say that when they moved in the property had not been lived in for some time. They had to reconnect the electricity and gas (at a cost of $70.00), the property was not clean (they estimate that they should be compensated $200.00 for their time spent cleaning), the water was not drinkable for several days and was brown, both toilets were broken (one lid was sellotaped to the cistern and the bowl was wobbly, on the other toilet the seat had come off), they suffered a gas leakage, there was a huge pile of garden waste and the lawn was up to knee length high, there was human excrement in the garage, the stove was faulty, there were no smoke alarms, the curtains were not hung properly, the door handles were not fixed properly causing their young daughter to be trapped in a room, and various floor tiles were broken/uneven/wobbly.

The tenants say that they agreed with the previous property manager that the rent would be reduced to $600 per week until the issues were fixed and that the landlord would reimburse them for the electricity and gas reconnection fee. The correspondence produced in evidence in somewhat confusing but does also appears to suggest that tenants had thought that they would not be charged rent for the first several weeks.

What are the rent arrears?

The current property manager was in a difficult position as when she took over management of the property on 7 February 2024 as it appeared that the rent was in arrears but the tenants told her that they had paid all rent that was due. It appears that there has been some confusion given the discussions with the previous property manager.

At the hearing the landlord produced a rent summary showing that based on the rent as agreed in the tenancy agreement, rent is in arrears in the amount of $5770.00. The arrears are all historic as the tenants have been paying full rent as it falls due in keeping with the previous Tribunal order made.

At the hearing the tenants double checked the rent summary against payments made and confirmed that the rent summary was an accurate record of payment made by them. I have therefore recorded the sum of $5770.00 as the rent arrears but this amount is to be offset by compensation that is payable to the tenants.

What compensation are the tenants entitled to?

The tenants say that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 (“RTA”).

Under section 45, a landlord must provide the premises in a reasonable state of cleanliness and provide and maintain the premises in a reasonable state of repair.

At the hearing the tenants explained the difficulties that they had encountered and provided photos the various issues.

It seems that the previous property manager was slow to act but that most issues were resolved once the new property manager took over.

Having carefully reviewed all of the evidence, I consider that the property was not ready for the tenants to move into. It was not clean, the utilities were not connected and the property was not in a reasonable state of repair.

I consider that the tenants are entitled to a refund of the entire rent paid for the first two weeks ($1400), compensation for cleaning in the amount of $200 and to be compensated for the electricity and gas reconnections fees of $70 (which are the responsibility of the landlord in any event).

It is not possible to be precise about compensation for loss of amenity due to the various issues at the property as they were resolved at different times, but I consider that overall the tenants are entitled to a reduction in rent of $100 for the next thirteen weeks ($1300). From that point it appears that nearly all issues were resolved.

The amounts awarded to the tenants are to be offset against the rent arrears claimed by the landlord. Ongoing matters

It appears that there are still some minor issues that need to be resolved and, as this is an older property, there are likely to be ongoing maintenance requirements. The parties will need to communicate to ensure that there are no delays going forward. I was advised that text and email are convenient for both parties. The new property manager asked that the tenants contact her with a photo of any issues that need attending as this make it easy for her to quickly assess what needs to be done.

The tenants will not be able to pay the sum set out in the order above immediately. The parties agreed at the hearing that they would discuss a practical plan for payment whether by part payments of by additional payments made each week along with their usual rent. Filing fee and name suppression

As both parties have had some success, I have not refunded the filing fees. I also consider that it is appropriate to suppress both parties’ names (pursuant to section 95A RTA).

Claims and awards in Tenancy Tribunal application 4801577 — net $2,800.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears calculated as per tenancy agreement	$5,770.00		Rent arrears calculated as per tenancy agreement
Compensation for initial two weeks rent as property not		$1,400.00	Compensation for initial two weeks rent as property not
ready to move into		$1,300.00	ready to move into
Compensation for initial cleaning		$200.00	Compensation for initial cleaning
Compensation for electricity and gas reconnection fee		$70.00	Compensation for electricity and gas reconnection fee
Total award	$5,770.00	$2,970.00
Net award	$2,800.00
Total payable by Tenant to Landlord	$2,800.00

Order

[The tenant/s] must pay [The landlord/s] $2,800.00 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing. The landlord was represented by [new property manager].
The tenancy began on 17 November 2023 and is ongoing.
The landlord filed an application in the Tribunal on 7 February 2024 seeking termination for rent arrears.
At the first hearing of the matter the tenants explained that they had potential claims that would likely offset the arrears. The Adjudicator at that hearing was persuaded to allow the tenants an opportunity to file a cross claim, on the basis that the tenants would continue to pay the current rent as it fell due for payment (and they have done so).
The tenant’s filed their claim on 23 April 2024 seeking orders for compensation.
The tenants say that when they moved in the property had not been lived in for some time. They had to reconnect the electricity and gas (at a cost of $70.00), the property was not clean (they estimate that they should be compensated $200.00 for their time spent cleaning), the water was not drinkable for several days and was brown, both toilets were broken (one lid was sellotaped to the cistern and the bowl was wobbly, on the other toilet the seat had come off), they suffered a gas leakage, there was a huge pile of garden waste and the lawn was up to knee length high, there was human excrement in the garage, the stove was faulty, there were no smoke alarms, the curtains were not hung properly, the door handles were not fixed properly causing their young daughter to be trapped in a room, and various floor tiles were broken/uneven/wobbly.
The tenants say that they agreed with the previous property manager that the rent would be reduced to $600 per week until the issues were fixed and that the landlord would reimburse them for the electricity and gas reconnection fee. The correspondence produced in evidence in somewhat confusing but does also appears to suggest that tenants had thought that they would not be charged rent for the first several weeks.

What are the rent arrears?

The current property manager was in a difficult position as when she took over management of the property on 7 February 2024 as it appeared that the rent was in arrears but the tenants told her that they had paid all rent that was due. It appears that there has been some confusion given the discussions with the previous property manager.
At the hearing the landlord produced a rent summary showing that based on the rent as agreed in the tenancy agreement, rent is in arrears in the amount of $5770.00. The arrears are all historic as the tenants have been paying full rent as it falls due in keeping with the previous Tribunal order made.
At the hearing the tenants double checked the rent summary against payments made and confirmed that the rent summary was an accurate record of payment made by them. I have therefore recorded the sum of $5770.00 as the rent arrears but this amount is to be offset by compensation that is payable to the tenants.

What compensation are the tenants entitled to?

The tenants say that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 (“RTA”).
Under section 45, a landlord must provide the premises in a reasonable state of cleanliness and provide and maintain the premises in a reasonable state of repair.
At the hearing the tenants explained the difficulties that they had encountered and provided photos the various issues.
It seems that the previous property manager was slow to act but that most issues were resolved once the new property manager took over.
Having carefully reviewed all of the evidence, I consider that the property was not ready for the tenants to move into. It was not clean, the utilities were not connected and the property was not in a reasonable state of repair.
I consider that the tenants are entitled to a refund of the entire rent paid for the first two weeks ($1400), compensation for cleaning in the amount of $200 and to be compensated for the electricity and gas reconnections fees of $70 (which are the responsibility of the landlord in any event).
It is not possible to be precise about compensation for loss of amenity due to the various issues at the property as they were resolved at different times, but I consider that overall the tenants are entitled to a reduction in rent of $100 for the next thirteen weeks ($1300). From that point it appears that nearly all issues were resolved.
The amounts awarded to the tenants are to be offset against the rent arrears claimed by the landlord. Ongoing matters
It appears that there are still some minor issues that need to be resolved and, as this is an older property, there are likely to be ongoing maintenance requirements. The parties will need to communicate to ensure that there are no delays going forward. I was advised that text and email are convenient for both parties. The new property manager asked that the tenants contact her with a photo of any issues that need attending as this make it easy for her to quickly assess what needs to be done.
The tenants will not be able to pay the sum set out in the order above immediately. The parties agreed at the hearing that they would discuss a practical plan for payment whether by part payments of by additional payments made each week along with their usual rent. Filing fee and name suppression
As both parties have had some success, I have not refunded the filing fees. I also consider that it is appropriate to suppress both parties’ names (pursuant to section 95A RTA).

Tenancy Tribunal case 4801577 — Rent arrears

At a glance

Tenancy Tribunal case 4801577 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

What are the rent arrears?

What compensation are the tenants entitled to?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

What are the rent arrears?

What compensation are the tenants entitled to?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions