What was Tenancy Tribunal case 4825197 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $11,673.05 immediately, calculated as

How much money was awarded in case 4825197?

Compensation: Loss of use of dishwas…: $610.00 awarded to tenant; Property Damage: $500.00 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $11,564.28 awarded to landlord; Water Rates: $1,198.33 awarded to landlord

What type of tenancy dispute was case 4825197?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4825197?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11076424-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4825197 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $11,673.05 immediately, calculated as

How much money was awarded in case 4825197?

Compensation: Loss of use of dishwas…: $610.00 awarded to tenant; Property Damage: $500.00 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $11,564.28 awarded to landlord; Water Rates: $1,198.33 awarded to landlord

What type of tenancy dispute was case 4825197?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4825197?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11076424-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4825197 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4825197 — net $11,673.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 20/06/2024	$11,564.28		Rent arrears to 20/06/2024
Water rates	$1,198.33		Water rates
Filing fee reimbursement	$20.44		Filing fee reimbursement
Compensation: Loss of use of dishwasher		$610.00	Loss of use of dishwasher
Exemplary damages: Failure to maintain the chimney		$500.00	Failure to maintain the chimney
Total award	$12,783.05	$1,110.00
Net award	$11,673.05
Total payable by Tenant to Landlord	$11,673.05

Both parties attended the hearing.

This was a part-heard hearing from 14 th June 2024. At the previous hearing, the tenancy was terminated and possession was granted to the landlord.

The bond of $2,400.00 was also released to the landlord to offset the rent arrears. 4825197, 48570672

After the tenant moved out, the remaining rent owing was $11,564.28. The final water rates owing was $1,198.33. The tenant was unable to dispute the amounts owing.

I order the tenant to pay these amounts to the landlord. The tenant’s cross-application

[The tenant/s] claimed that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 (“RTA”).

Under section 45 RTA, a landlord must provide and maintain the premises in a reasonable state of repair and comply with the Healthy Homes Standards (“HHS”). Specifically, the tenant said that the landlord did not undertake annual chimney sweeping and that the dishwasher had not worked from 21 st April 2023 until the end of the tenancy.

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 RTA.

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) RTA. Healthy Homes Standards

The tenant said that she believed that the premises was not compliant with HHS.

In response, the landlord presented evidence of the premises being assessed for HHS on 4 th December 2020 before this tenancy began on 17 th June 2021.

The premises failed on the bathroom ventilation and the smoke alarm for HHS but they had been rectified once the landlord took over this tenancy.

I do not find that there were any HHS issues with the premises.

This claim is dismissed. Annual chimney sweeping

The tenant presented evidence of requesting for the fireplace to be fixed and for the chimney to be swept. It was noted by the tenant in the very first tenancy agreement that the chimney had to be swept, bricks replaced and the breather pipe replaced. 4825197, 48570673

From April 2022 onwards, the tenant was able to get the landlord to attend to the bricks and the breather pipe issues. However, the landlord never did the chimney sweeping.

Chimney sweeping is usually the landlord’s responsibility. The chimney should be swept annually to ensure its safety. I find that the landlord has failed to maintain the chimney to a reasonable standard. This is an unlawful act.

Having considered the factors under section 109(3), I find that this unlawful act warrants exemplary damages being awarded. The tenant was risking her family’s safety every time she was using the fireplace. The landlord would have known that the chimney had to be swept as it was an issue from the beginning of the tenancy.

I order the landlord to pay the tenant $500.00 in exemplary damages for failing to maintain the chimney. Dishwasher

The tenant presented evidence of requesting for dishwasher to be fixed from 21 st April 2023. The landlord did try to arrange a time with the tenant to have the dishwasher fixed but the tenant did not reply.

I do not find that there was any intentional failure to maintain the dishwasher. I do not find that there is any public interest in awarding exemplary damages when the tenant did not respond to the landlord’s efforts to attend.

However, I acknowledge the loss of use of the dishwasher of around 61 weeks. I order the landlord to compensate the tenant $610.00 for her loss of use. Filing fee reimbursement

Because [The applicant/s] has substantially succeeded with the claim, I order the tenant to reimburse the filing fee of the landlord.

Claims and awards in Tenancy Tribunal application 4825197 — net $11,673.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 20/06/2024	$11,564.28		Rent arrears to 20/06/2024
Water rates	$1,198.33		Water rates
Filing fee reimbursement	$20.44		Filing fee reimbursement
Compensation: Loss of use of dishwasher		$610.00	Loss of use of dishwasher
Exemplary damages: Failure to maintain the chimney		$500.00	Failure to maintain the chimney
Total award	$12,783.05	$1,110.00
Net award	$11,673.05
Total payable by Tenant to Landlord	$11,673.05

Order

[The tenant/s] must pay [The landlord/s] $11,673.05 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
This was a part-heard hearing from 14 th June 2024. At the previous hearing, the tenancy was terminated and possession was granted to the landlord.
The bond of $2,400.00 was also released to the landlord to offset the rent arrears. 4825197, 48570672
After the tenant moved out, the remaining rent owing was $11,564.28. The final water rates owing was $1,198.33. The tenant was unable to dispute the amounts owing.
I order the tenant to pay these amounts to the landlord. The tenant’s cross-application
[The tenant/s] claimed that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 (“RTA”).
Under section 45 RTA, a landlord must provide and maintain the premises in a reasonable state of repair and comply with the Healthy Homes Standards (“HHS”). Specifically, the tenant said that the landlord did not undertake annual chimney sweeping and that the dishwasher had not worked from 21 st April 2023 until the end of the tenancy.
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 RTA.
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) RTA. Healthy Homes Standards
The tenant said that she believed that the premises was not compliant with HHS.
In response, the landlord presented evidence of the premises being assessed for HHS on 4 th December 2020 before this tenancy began on 17 th June 2021.
The premises failed on the bathroom ventilation and the smoke alarm for HHS but they had been rectified once the landlord took over this tenancy.
I do not find that there were any HHS issues with the premises.
This claim is dismissed. Annual chimney sweeping
The tenant presented evidence of requesting for the fireplace to be fixed and for the chimney to be swept. It was noted by the tenant in the very first tenancy agreement that the chimney had to be swept, bricks replaced and the breather pipe replaced. 4825197, 48570673
From April 2022 onwards, the tenant was able to get the landlord to attend to the bricks and the breather pipe issues. However, the landlord never did the chimney sweeping.
Chimney sweeping is usually the landlord’s responsibility. The chimney should be swept annually to ensure its safety. I find that the landlord has failed to maintain the chimney to a reasonable standard. This is an unlawful act.
Having considered the factors under section 109(3), I find that this unlawful act warrants exemplary damages being awarded. The tenant was risking her family’s safety every time she was using the fireplace. The landlord would have known that the chimney had to be swept as it was an issue from the beginning of the tenancy.
I order the landlord to pay the tenant $500.00 in exemplary damages for failing to maintain the chimney. Dishwasher
The tenant presented evidence of requesting for dishwasher to be fixed from 21 st April 2023. The landlord did try to arrange a time with the tenant to have the dishwasher fixed but the tenant did not reply.
I do not find that there was any intentional failure to maintain the dishwasher. I do not find that there is any public interest in awarding exemplary damages when the tenant did not respond to the landlord’s efforts to attend.
However, I acknowledge the loss of use of the dishwasher of around 61 weeks. I order the landlord to compensate the tenant $610.00 for her loss of use. Filing fee reimbursement
Because [The applicant/s] has substantially succeeded with the claim, I order the tenant to reimburse the filing fee of the landlord.

Tenancy Tribunal case 4825197 — Rent arrears

At a glance

Tenancy Tribunal case 4825197 — Rent arrears

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