What was the outcome of Tenancy Tribunal case 4813397?

The tribunal order states: Parklane Real Estate Limited T/A Ray White Swanson Acting Agent For Mark

How much money was awarded in case 4813397?

Compensation: Rent Reduction: $640.00 awarded to tenant; Lawns and Garden Work: $294.93 awarded to landlord; Water Rates: $23.98 awarded to landlord

What type of tenancy dispute was case 4813397?

The dispute type was not classified.

Where can I read the official tribunal order for case 4813397?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10485957-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4813397?

The tribunal order states: Parklane Real Estate Limited T/A Ray White Swanson Acting Agent For Mark

How much money was awarded in case 4813397?

Compensation: Rent Reduction: $640.00 awarded to tenant; Lawns and Garden Work: $294.93 awarded to landlord; Water Rates: $23.98 awarded to landlord

What type of tenancy dispute was case 4813397?

The dispute type was not classified.

Where can I read the official tribunal order for case 4813397?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10485957-Tenancy_Tribunal_Order.pdf.

28 Northfield Road, Waitakere, Auckland 0816 Tenancy Tribunal Case 4813397 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 4813397 — net $321.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Lawns and Garden work	$294.93		Lawns and Garden work
Water rates	$23.98		Water rates
Compensation: Rent reduction		$640.00	Rent reduction
Total award	$318.91	$640.00
Net award		$321.09
Bond		$2,560.00
Total payable by Landlord to Tenant		$321.09

Parklane Real Estate Limited T/A Ray White Swanson Acting Agent For Mark Clayton must pay Lewis Antony Naimie and Phoenix Maria Elizabeth Rooijakkers $321.09 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,560.00 (5456517-008) to Lewis Antony Naimie and Phoenix Maria Elizabeth Rooijakkers immediately.

Reasons

Both parties attended the hearing.

The landlord has applied for rent outgoings, compensation and reimbursement of the filing fee following the end of the tenancy.

The tenant claims the landlord failed to maintain the premises and breached the Healthy Homes insulation standard.

How much is owed for water rates?

The tenancy ended on 13 December 2023 by consent. The landlord claims $23.98 was owing in unpaid water rates invoices at the end of the tenancy. The tenant does not dispute this. The claim is proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

Both parties agree that at the end of the tenancy the tenants left some logs behind that had been used to make a raised garden, and the tenants also left a bare patch on the lawn about two metres square, and another bare patch where a fire pit had been.

The tenants made an effort to re-grass the bare patches, but they were unsuccessful in their attempts.

The damage is more than fair wear and tear and the tenant has not denied liability.

The landlord got a quotation to repair the bare batches in the lawn which amounted to $950.00. As the owner was going to undertake some other work at the property, the owner decided to include the removal of the logs and the repair of the bare patches in his work.

The landlord provided an invoice for $294.93 which included $53.88 for lawn seed, $39.90 for the smallest available flexi-bin and $201.15 for topsoil. The landlord did not charge for labour and did not charge for the removal cost of the flexi-bin because he also used it to put other garden waste in.

The amounts ordered are proved. Failure to maintain premises in a reasonable state of repair

Lewis Antony Naimie and Phoenix Maria Elizabeth Rooijakkers 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.

The tenants claim there were ongoing issues of leaks at the premises which started on 27 June 2023. The tenants produced five videos of significant leaking through and around light fittings, down an internal wall and along ceiling beams. The videos were taken on 13 July 2023 (two videos from this date), 31 August 2023, 25 September 2023, 31 October 2023, and 4 December 2023.

The landlord does not dispute the leaks.

The tenants reported the leaks to the landlord in a timely manner, and the landlord provided documentary evidence in the form of a Property Expense Report and invoices for work done, to show that they responded quickly to the complaints that the tenants made.

Initially the landlord made attempts to locate and address the leaks on a localised basis, but between 1 November 2023 and 15 November 2023 a more complete remedy was undertaken at a cost of $5,750.00.

Nonetheless on 4 December 2023 the tenants experienced a further leak.

By this time however, the tenants had given notice and the tenancy ended on 13 December 2023.

When the landlord sought to increase the rent in November 2023, the tenants negotiated a rent reduction of $40.00 per week for two weeks due to the leaks.

The tenants stated that for twelve weeks they were unable to use their son’s bedroom, and he was forced to share their bedroom. The tenants are seeking a rent reduction of $100.00 per week for this twelve-week period.

The leaks occurred over a period of more than five months in total and were moderately serious. I find the landlord acted in good faith in attempting to address the problems, and for this reason I do not find that exemplary damages are a necessary remedy.

However, the tenants suffered inconvenience and a loss of amenity. A reduction of $60.00 per week, which is a little under one tenth of the total rent for their four-bedroom home, is an appropriate amount for the twelve weeks that they were unable to use their son’s bedroom. I subtract from that amout the $80.00 rent reduction that they were already granted by their landlord. Breach of Healthy Homes insulation standard

Lewis Antony Naimie and Phoenix Maria Elizabeth Rooijakkers claim that the landlord has breached their obligations under the Healthy Homes insulation standard by not providing the premises with a ground moisture barrier.

The Healthy Homes standards regulations have different compliance dates for different tenancies. For tenancies that began before 1 July 2021, are not Kainga-Ora tenancies or boarding houses, have not started a new tenancy or made any changes to the existing tenancy agreement, the compliance date is 1 July 2025. This is the case of this tenancy, which means the compliance date for this tenancy was also 1 July 2025. Because of this, I find the tenants’ claim for breach of Healthy Homes insulation standard is not proved.

As each party has been wholly or partially successful in their applications, no order for reimbursement of the filing fee is made.

Claims and awards in Tenancy Tribunal application 4813397 — net $321.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Lawns and Garden work	$294.93		Lawns and Garden work
Water rates	$23.98		Water rates
Compensation: Rent reduction		$640.00	Rent reduction
Total award	$318.91	$640.00
Net award		$321.09
Bond		$2,560.00
Total payable by Landlord to Tenant		$321.09

Order

Parklane Real Estate Limited T/A Ray White Swanson Acting Agent For Mark Clayton must pay Lewis Antony Naimie and Phoenix Maria Elizabeth Rooijakkers $321.09 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,560.00 (5456517-008) to Lewis Antony Naimie and Phoenix Maria Elizabeth Rooijakkers immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent outgoings, compensation and reimbursement of the filing fee following the end of the tenancy.
The tenant claims the landlord failed to maintain the premises and breached the Healthy Homes insulation standard.

How much is owed for water rates?

The tenancy ended on 13 December 2023 by consent. The landlord claims $23.98 was owing in unpaid water rates invoices at the end of the tenancy. The tenant does not dispute this. The claim is proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Both parties agree that at the end of the tenancy the tenants left some logs behind that had been used to make a raised garden, and the tenants also left a bare patch on the lawn about two metres square, and another bare patch where a fire pit had been.
The tenants made an effort to re-grass the bare patches, but they were unsuccessful in their attempts.
The damage is more than fair wear and tear and the tenant has not denied liability.
The landlord got a quotation to repair the bare batches in the lawn which amounted to $950.00. As the owner was going to undertake some other work at the property, the owner decided to include the removal of the logs and the repair of the bare patches in his work.
The landlord provided an invoice for $294.93 which included $53.88 for lawn seed, $39.90 for the smallest available flexi-bin and $201.15 for topsoil. The landlord did not charge for labour and did not charge for the removal cost of the flexi-bin because he also used it to put other garden waste in.
The amounts ordered are proved. Failure to maintain premises in a reasonable state of repair
Lewis Antony Naimie and Phoenix Maria Elizabeth Rooijakkers 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.
The tenants claim there were ongoing issues of leaks at the premises which started on 27 June 2023. The tenants produced five videos of significant leaking through and around light fittings, down an internal wall and along ceiling beams. The videos were taken on 13 July 2023 (two videos from this date), 31 August 2023, 25 September 2023, 31 October 2023, and 4 December 2023.
The landlord does not dispute the leaks.
The tenants reported the leaks to the landlord in a timely manner, and the landlord provided documentary evidence in the form of a Property Expense Report and invoices for work done, to show that they responded quickly to the complaints that the tenants made.
Initially the landlord made attempts to locate and address the leaks on a localised basis, but between 1 November 2023 and 15 November 2023 a more complete remedy was undertaken at a cost of $5,750.00.
Nonetheless on 4 December 2023 the tenants experienced a further leak.
By this time however, the tenants had given notice and the tenancy ended on 13 December 2023.
When the landlord sought to increase the rent in November 2023, the tenants negotiated a rent reduction of $40.00 per week for two weeks due to the leaks.
The tenants stated that for twelve weeks they were unable to use their son’s bedroom, and he was forced to share their bedroom. The tenants are seeking a rent reduction of $100.00 per week for this twelve-week period.
The leaks occurred over a period of more than five months in total and were moderately serious. I find the landlord acted in good faith in attempting to address the problems, and for this reason I do not find that exemplary damages are a necessary remedy.
However, the tenants suffered inconvenience and a loss of amenity. A reduction of $60.00 per week, which is a little under one tenth of the total rent for their four-bedroom home, is an appropriate amount for the twelve weeks that they were unable to use their son’s bedroom. I subtract from that amout the $80.00 rent reduction that they were already granted by their landlord. Breach of Healthy Homes insulation standard
Lewis Antony Naimie and Phoenix Maria Elizabeth Rooijakkers claim that the landlord has breached their obligations under the Healthy Homes insulation standard by not providing the premises with a ground moisture barrier.
The Healthy Homes standards regulations have different compliance dates for different tenancies. For tenancies that began before 1 July 2021, are not Kainga-Ora tenancies or boarding houses, have not started a new tenancy or made any changes to the existing tenancy agreement, the compliance date is 1 July 2025. This is the case of this tenancy, which means the compliance date for this tenancy was also 1 July 2025. Because of this, I find the tenants’ claim for breach of Healthy Homes insulation standard is not proved.
As each party has been wholly or partially successful in their applications, no order for reimbursement of the filing fee is made.

Tenancy Tribunal case 4813397 — Tenancy dispute at 28 Northfield Road, Waitakere, Auckland 0816

Tenancy Tribunal case 4813397 — Tenancy dispute at 28 Northfield Road, Waitakere, Auckland 0816

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions