What was Tenancy Tribunal case 4842252 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4842252?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4842252?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4842252?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10325018-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4842252 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4842252?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4842252?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4842252?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10325018-Tenancy_Tribunal_Order.pdf.

93 Earn Street, Appleby, Invercargill 9812 Tenancy Tribunal Case 4842252 — Healthy homes

Reasons

Both parties attended the hearing.

The tenants filed a previous claim to the tribunal in relation to removal of a broken fence and removal of trees that had been cut down. They also bought a claim in relation to breaches of the Health Homes regulations and failing to maintain. An order was made dated 21 August 2023. The landlord was ordered to remove the green waste and tin from the fence.

The remainder of the claims were dismissed due to a lack of evidence.

The tenants have again made an application to the Tribunal stating that the landlord has failed to comply with the previous order.

They also claim again the same grounds as previously. Further stating that they had not received a copy of the tenancy agreement or healthy homes compliance report.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

In support of that claim, there was some photos attached. Yet again, there is no other evidence that supports this claim.

The respondent company supplied an email that they had received from the tenant dated Thursday 18 th January 2024 at 5.40 pm listing a number of issues and demanding they be fixed by 22 January. I am advised that the tenants son wrote this on their behalf. It makes reference to a Work and Income Worker with a phone number to call her on to “fact check”. It refers to the work being ‘advised by’ this person.

This is concerning as that named person confirmed in an email that she did not give such permission, nor did she say she would “fact check”. It appears from that email that she was sent it after it was written, and she discussed that she would not get involved and she subsequently sent this to the property manager.

The tenant accepted that they had apologised to t6hat person for that email.

I am also aware that the tenant themselves filed in the Tribunal and with their application submitted the Healthy Homes compliance certificate and a copy of the Agreement. Therefore, they clearly had a copy. The property manager supplied then again with a copy of the document at the hearing as they repeatedly said they didn’t have it.

It is also noted that this application was filed on 21 May 2024 with the complaint that the landlord had failed to provide a healthy homes report and yet they submitted an email requesting this information on the 24 th May, after filing the application and further they had a copy as it was submitted in their application.

Whilst the tenant complained that the property manager had failed to carry out property inspections, the property manager confirmed that they had been on the property carrying our maintenance and only in the last few weeks had a tradesman at the property.

I called Mr Lord, who had been called to the house to fix the front door. He advised that it had been fixed and wasn’t needed. He was not advised of any other issues by the tenants.

The tenant stated she tried ringing the property manager because the handle broke off it at 11 pm one evening and because she didn’t hear back their son fixed it.

The property manager gave evidence that they sometimes receive a number of calls in a row. One example being a call at 830pm one Sunday evening stating there was a mouse in the house.

Again, the applicants have not satisfied me and proven their claims.

I urge the tenants, to get advice in relation to bringing to the landlords attention work that is required and in relation to the elements that must be proven before they file in the tribunal as this is the second application I have received.

The claim is dismissed.

Order

The application is dismissed.

Reasons

Both parties attended the hearing.
The tenants filed a previous claim to the tribunal in relation to removal of a broken fence and removal of trees that had been cut down. They also bought a claim in relation to breaches of the Health Homes regulations and failing to maintain. An order was made dated 21 August 2023. The landlord was ordered to remove the green waste and tin from the fence.
The remainder of the claims were dismissed due to a lack of evidence.
The tenants have again made an application to the Tribunal stating that the landlord has failed to comply with the previous order.
They also claim again the same grounds as previously. Further stating that they had not received a copy of the tenancy agreement or healthy homes compliance report.
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
In support of that claim, there was some photos attached. Yet again, there is no other evidence that supports this claim.
The respondent company supplied an email that they had received from the tenant dated Thursday 18 th January 2024 at 5.40 pm listing a number of issues and demanding they be fixed by 22 January. I am advised that the tenants son wrote this on their behalf. It makes reference to a Work and Income Worker with a phone number to call her on to “fact check”. It refers to the work being ‘advised by’ this person.
This is concerning as that named person confirmed in an email that she did not give such permission, nor did she say she would “fact check”. It appears from that email that she was sent it after it was written, and she discussed that she would not get involved and she subsequently sent this to the property manager.
The tenant accepted that they had apologised to t6hat person for that email.
I am also aware that the tenant themselves filed in the Tribunal and with their application submitted the Healthy Homes compliance certificate and a copy of the Agreement. Therefore, they clearly had a copy. The property manager supplied then again with a copy of the document at the hearing as they repeatedly said they didn’t have it.
It is also noted that this application was filed on 21 May 2024 with the complaint that the landlord had failed to provide a healthy homes report and yet they submitted an email requesting this information on the 24 th May, after filing the application and further they had a copy as it was submitted in their application.
Whilst the tenant complained that the property manager had failed to carry out property inspections, the property manager confirmed that they had been on the property carrying our maintenance and only in the last few weeks had a tradesman at the property.
I called Mr Lord, who had been called to the house to fix the front door. He advised that it had been fixed and wasn’t needed. He was not advised of any other issues by the tenants.
The tenant stated she tried ringing the property manager because the handle broke off it at 11 pm one evening and because she didn’t hear back their son fixed it.
The property manager gave evidence that they sometimes receive a number of calls in a row. One example being a call at 830pm one Sunday evening stating there was a mouse in the house.
Again, the applicants have not satisfied me and proven their claims.
I urge the tenants, to get advice in relation to bringing to the landlords attention work that is required and in relation to the elements that must be proven before they file in the tribunal as this is the second application I have received.
The claim is dismissed.

Tenancy Tribunal case 4842252 — Healthy homes at 93 Earn Street, Appleby, Invercargill 9812

At a glance

Claims & awards

Tenancy Tribunal case 4842252 — Healthy homes at 93 Earn Street, Appleby, Invercargill 9812

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions