What was Tenancy Tribunal case 4845840 about?

The tribunal order states: Rent Now Property Management Limited As Agent For Ai Ly To must pay [The

How much money was awarded in case 4845840?

Compensation: bringing sheep onto pa…: $100.00 awarded to tenant; Cleaning: $200.00 awarded to tenant; Compensation: electrics, failure to…: $650.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4845840?

The primary dispute was State of repair. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4845840?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10744969-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4845840 about?

The tribunal order states: Rent Now Property Management Limited As Agent For Ai Ly To must pay [The

How much money was awarded in case 4845840?

Compensation: bringing sheep onto pa…: $100.00 awarded to tenant; Cleaning: $200.00 awarded to tenant; Compensation: electrics, failure to…: $650.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4845840?

The primary dispute was State of repair. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4845840?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10744969-Tribunal_Order_Redacted.pdf.

320 Fitzgerald Road, Drury, RD 1, Drury 2577 Tenancy Tribunal Case 4845840 — State of repair

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320 Fitzgerald Road, Drury, RD 1, Drury 2577 Tenancy Tribunal Case 4845840 — State of repair | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4845840 — net $970.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: cleaning at the start of the tenancy	$200.00	cleaning at the start of the tenancy
Compensation: electrics, failure to maintain	$650.00	electrics, failure to maintain
Compensation: bringing sheep onto paddock without prior notice	$100.00	bringing sheep onto paddock without prior notice
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$970.44
Total payable by Landlord to Tenant	$970.44

Claims and awards for application 4845840 — net $970.44 NZD. Verify on MoJ.

Compensation: cleaning at the start of the tenancy

Amount: $200.00
Awarded to: Tenant
Reason: cleaning at the start of the tenancy

Compensation: electrics, failure to maintain

Amount: $650.00
Awarded to: Tenant
Reason: electrics, failure to maintain

Compensation: bringing sheep onto paddock without prior notice

Amount: $100.00
Awarded to: Tenant
Reason: bringing sheep onto paddock without prior notice

Filing fee reimbursement

Amount: $20.44
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $970.44

Total payable by Landlord to Tenant

Tenant $970.44

Claim types — money lines allowed on this order

Compensation Cleanliness Filing Fee

Order

Rent Now Property Management Limited As Agent For Ai Ly To must pay [The tenant/s] $970.44 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing.
[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 (‘RTA’).
Under section 45 RTA, a landlord must: a) provide the premises in a reasonable state of cleanliness at the start of the tenancy b) provide and maintain the premises in a reasonable state of repair c) comply with any relevant enactment in relation to buildings, health and safety
In summary, a landlord must maintain the premises in a reasonable state of repair having regard to the age and character of the premises and to comply with all requirements in respect of buildings, health, and safety under any enactment so far as they applied to the premises. This includes compliance of the Housing Improvement Regulations 1947 (SR 1947/200) which requires rental properties to be free from dampness (regulation 15).
A tenant has a corresponding duty to notify the landlord, as soon as possible after discovery of any damage to the premises, or of the need for any repairs (see section 40(1)(d) RTA). A tenant must also allow access to the premises for maintenance to be attended to by the landlord.
The landlord’s obligation is therefore to repair within a reasonable time after knowledge of the need for repair, either from observing the property or notice from the tenant: “... the obligation of the landlord, under section 45, is to investigate and repair a defect brought to its attention within a timeframe which is reasonable in the circumstances; and as to what that time is, I think, depends not only on the gravity of the problem but also on the objective evidence of the attempts made by the landlord to investigate, and put right, whatever the problem may be.” (Collins v Professionals Hutt City Ltd DC Wellington, CIV-2009-085-001431, 24 February 2010; see also Merwald Real Estate v Lanauze DC Auckland, MA151-89, 2 May 1989).
Further, and in addition to an award of exemplary damages, compensation ought to be awarded for breach of the landlord’s obligations and where the other party has clearly suffered a loss because of that breach.
In this case, the Tribunal has no jurisdiction to consider the tenant’s claim for exemplary damages because it has been filed outside of 12 months after the date of alleged commission of the unlawful acts. See section 109(2)(b) RTA.
It goes without saying that only if the landlord is found to in breach of their obligations under section 45 (as set out above) and the tenant has carried out his/her corresponding duty to notify and allow maintenance to be attended to, would an award of compensation and/or exemplary damages (if filed within time) be considered and made.
Where the tenant has not carried out his/her corresponding duty to notify or not allow maintenance to be attended to, no award of compensation and exemplary damages will be made.
I now address the specific instances of complaints raised by the tenant of items requiring attention, when the landlord was advised of the issue, and when, if any, the repairs and works had been (or never) carried out during the tenancy of from 11 November 2022 to 18 October 2023 and if not, why they haven’t been carried out or attended to.
I find on the evidence that the premises has not been provided to the tenant in a reasonably clean and tidy condition. Having regard to the photographs taken at the material times, I consider that an award of $200.00 is appropriate for the level of uncleanliness at the start of the premises. In coming to that conclusion, I have considered the photographs taken at the start of the tenancy on 11 November by the landlord and the tenant’s photographs taken on 22 December 2022 which gives an indication of what the premises may look like a month earlier. Notice of the premises’ uncleanliness have been duly given to the landlord on 17 November 2022.
I consider that the landlord has failed to promptly address the issues to the lightings and electrics at the premises. The issues were only finally rectified on 22 August 2023, two months prior to the end of the tenancy. I award general damages of $650.00 on account of the landlord’s failure to maintain from 11 November 2022 to 22 August 2023.
A landlord must not interfere with the reasonable peace, comfort or privacy of the tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986.
In early March 2023, the landlord allowed someone to bring sheep onto the paddock without notifying the tenant. While the reason for the access was to assist the tenant in keeping the paddock grass tidy, the landlord failed to properly notify the tenant who was not at home at the time. Noting the minimal disruption to the tenant’s quiet enjoyment in the circumstances, I award general damages of $100.00 in favour of the tenant.
Only the amounts awarded are proved.
Because [The applicant/s] has partly succeeded with the claim I have reimbursed the filing fee as well as ordered suppression of the tenant’s name.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4845840 — net $970.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: cleaning at the start of the tenancy	$200.00	cleaning at the start of the tenancy
Compensation: electrics, failure to maintain	$650.00	electrics, failure to maintain
Compensation: bringing sheep onto paddock without prior notice	$100.00	bringing sheep onto paddock without prior notice
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$970.44
Total payable by Landlord to Tenant	$970.44

Claims and awards for application 4845840 — net $970.44 NZD. Verify on MoJ.

Compensation: cleaning at the start of the tenancy

Amount: $200.00
Awarded to: Tenant
Reason: cleaning at the start of the tenancy

Compensation: electrics, failure to maintain

Amount: $650.00
Awarded to: Tenant
Reason: electrics, failure to maintain

Compensation: bringing sheep onto paddock without prior notice

Amount: $100.00
Awarded to: Tenant
Reason: bringing sheep onto paddock without prior notice

Filing fee reimbursement

Amount: $20.44
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $970.44

Total payable by Landlord to Tenant

Tenant $970.44

Claim types — money lines allowed on this order

Compensation Cleanliness Filing Fee

Order

Rent Now Property Management Limited As Agent For Ai Ly To must pay [The tenant/s] $970.44 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing.
[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 (‘RTA’).
Under section 45 RTA, a landlord must: a) provide the premises in a reasonable state of cleanliness at the start of the tenancy b) provide and maintain the premises in a reasonable state of repair c) comply with any relevant enactment in relation to buildings, health and safety
In summary, a landlord must maintain the premises in a reasonable state of repair having regard to the age and character of the premises and to comply with all requirements in respect of buildings, health, and safety under any enactment so far as they applied to the premises. This includes compliance of the Housing Improvement Regulations 1947 (SR 1947/200) which requires rental properties to be free from dampness (regulation 15).
A tenant has a corresponding duty to notify the landlord, as soon as possible after discovery of any damage to the premises, or of the need for any repairs (see section 40(1)(d) RTA). A tenant must also allow access to the premises for maintenance to be attended to by the landlord.
The landlord’s obligation is therefore to repair within a reasonable time after knowledge of the need for repair, either from observing the property or notice from the tenant: “... the obligation of the landlord, under section 45, is to investigate and repair a defect brought to its attention within a timeframe which is reasonable in the circumstances; and as to what that time is, I think, depends not only on the gravity of the problem but also on the objective evidence of the attempts made by the landlord to investigate, and put right, whatever the problem may be.” (Collins v Professionals Hutt City Ltd DC Wellington, CIV-2009-085-001431, 24 February 2010; see also Merwald Real Estate v Lanauze DC Auckland, MA151-89, 2 May 1989).
Further, and in addition to an award of exemplary damages, compensation ought to be awarded for breach of the landlord’s obligations and where the other party has clearly suffered a loss because of that breach.
In this case, the Tribunal has no jurisdiction to consider the tenant’s claim for exemplary damages because it has been filed outside of 12 months after the date of alleged commission of the unlawful acts. See section 109(2)(b) RTA.
It goes without saying that only if the landlord is found to in breach of their obligations under section 45 (as set out above) and the tenant has carried out his/her corresponding duty to notify and allow maintenance to be attended to, would an award of compensation and/or exemplary damages (if filed within time) be considered and made.
Where the tenant has not carried out his/her corresponding duty to notify or not allow maintenance to be attended to, no award of compensation and exemplary damages will be made.
I now address the specific instances of complaints raised by the tenant of items requiring attention, when the landlord was advised of the issue, and when, if any, the repairs and works had been (or never) carried out during the tenancy of from 11 November 2022 to 18 October 2023 and if not, why they haven’t been carried out or attended to.
I find on the evidence that the premises has not been provided to the tenant in a reasonably clean and tidy condition. Having regard to the photographs taken at the material times, I consider that an award of $200.00 is appropriate for the level of uncleanliness at the start of the premises. In coming to that conclusion, I have considered the photographs taken at the start of the tenancy on 11 November by the landlord and the tenant’s photographs taken on 22 December 2022 which gives an indication of what the premises may look like a month earlier. Notice of the premises’ uncleanliness have been duly given to the landlord on 17 November 2022.
I consider that the landlord has failed to promptly address the issues to the lightings and electrics at the premises. The issues were only finally rectified on 22 August 2023, two months prior to the end of the tenancy. I award general damages of $650.00 on account of the landlord’s failure to maintain from 11 November 2022 to 22 August 2023.
A landlord must not interfere with the reasonable peace, comfort or privacy of the tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986.
In early March 2023, the landlord allowed someone to bring sheep onto the paddock without notifying the tenant. While the reason for the access was to assist the tenant in keeping the paddock grass tidy, the landlord failed to properly notify the tenant who was not at home at the time. Noting the minimal disruption to the tenant’s quiet enjoyment in the circumstances, I award general damages of $100.00 in favour of the tenant.
Only the amounts awarded are proved.
Because [The applicant/s] has partly succeeded with the claim I have reimbursed the filing fee as well as ordered suppression of the tenant’s name.

Tenancy Tribunal case 4845840 — State of repair at 320 Fitzgerald Road, Drury, RD 1, Drury 2577

At a glance

Tenancy Tribunal case 4845840 — State of repair at 320 Fitzgerald Road, Drury, RD 1, Drury 2577

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