What was Tenancy Tribunal case 4887740 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4887740?

Compensation: Loss Of Amenity - Oven: $1,280.00 awarded to tenant; Compensation: No Heating: $500.00 awarded to tenant; Property Damage: $250.30 awarded to tenant; Property Damage: $200.00 awarded to tenant; Property Damage: $4,500.00 awarded to tenant; Rent Arrears: $989.09 awarded to landlord; Water Rates: $1,059.04 awarded to landlord

What type of tenancy dispute was case 4887740?

The primary dispute was State of repair. Related themes: Property damage, Exemplary damages.

Where can I read the official tribunal order for case 4887740?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11098350-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4887740 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4887740?

Compensation: Loss Of Amenity - Oven: $1,280.00 awarded to tenant; Compensation: No Heating: $500.00 awarded to tenant; Property Damage: $250.30 awarded to tenant; Property Damage: $200.00 awarded to tenant; Property Damage: $4,500.00 awarded to tenant; Rent Arrears: $989.09 awarded to landlord; Water Rates: $1,059.04 awarded to landlord

What type of tenancy dispute was case 4887740?

The primary dispute was State of repair. Related themes: Property damage, Exemplary damages.

Where can I read the official tribunal order for case 4887740?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11098350-Tribunal_Order_Redacted.pdf.

158 Archers Road, Glenfield, Auckland 0629 Tenancy Tribunal Case 4887740 — State of repair

Claims and awards in Tenancy Tribunal application 4887740 — net $4,682.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$989.09		Rent arrears
Water rates	$1,059.04		Water rates
Exemplary damages: Bond not lodged		$200.00	Bond not lodged
Exemplary damages: Failure to maintain		$4,500.00	Failure to maintain
Compensation: No heating		$500.00	No heating
Compensation: Loss of amenity - oven		$1,280.00	Loss of amenity - oven
Compensation: Window repair		$250.30	Window repair
Total award	$2,048.13	$6,730.30
Net award		$4,682.17
Bond		$2,600.00
Total payable by Landlord to Tenant		$4,682.17

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord name and identifying details.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The tenant/s] immediately.
[The landlord/s] must pay [The tenant/s] $6,730.30
All remaining claims are dismissed.

Reasons

Both parties attended the hearing. Background
There have been four hearings between these parties in respect of this tenancy. The hearings have been held on 7 November 2023, 13 March 2024, 17 May 2024, and 31 October 2024.
The tenancy commenced on 5 November 2022 and ended on 16 April 2024.
The tenant applied for a work order, a claim relating to the Healthy Homes standards, compensation, and exemplary damages.
The landlord has applied for rent arrears, water rates, rubbish removal, cleaning, locks, pest control and compensation for damage. Tenant application
The tenancy has ended and therefore a work order is no longer required. That part of the tenant’s claim is dismissed.
Even though a work order is not made the tenant in her application referred to a leaking hot water cylinder, no working oven or stove top, no heating, no fan extractors in the bathroom or kitchen and the premises not meeting the Healthy Homes standards.
For a claim in respect of the Healthy Homes standards the landlord must have failed to comply by the date of compliance. The compliance date usually depends on the date that the tenancy commenced.
Relevant to this case is the exemption where the premises are to be demolished or substantially rebuilt. Regulation 31 of the Residential Tenancies (Healthy Homes Standards) Regulations 2019 states, The landlord need not comply with regulation 6 if,— (a) before the commencement of the tenancy, the landlord applied for consent to demolish or substantially rebuild the premises, with that work to begin within the grace period; and (b) as at the commencement of the tenancy,— (i) the application is still pending; or (ii) if consent was granted before the tenancy commenced, the consent remains in force.
Regulation 6 sets out the responsibility of the landlord in relation to the Healthy Homes standards.
The landlord produced a letter from Auckland Council dated 21 July 2022 which grants resource consent to construct six new residential dwellings at 158 Archers Road.
In this situation the exemption ceases to apply twelve months after commencement of the tenancy 1 . Therefore, the compliance date for this tenancy is 5 November 2023.
The landlord produced a Healthy Homes compliance certificate dated 10 November 2023 confirming that the premises complied with the Healthy Homes standards. While the certificate is dated a few days after the date of compliance I am satisfied that the landlord did not breach the standards to an extent that an award or compensated is warranted. That part of the tenant’s claim is dismissed.
The tenant said that the premises did not have a working heat source. She had asked the landlord for heating in January 2023, soon after the tenancy commenced. The landlord said that there was a fireplace, but the tenant said that this was bordered up. The Healthy Homes compliance statement confirms that the fireplace is bordered up.
The tenant said that the fireplace was sealed up when she moved in and behind the board was rubbish, bricks, and concrete. The tenant said that the landlord told her not to use the fire and instead she offered the use of a fan heater.
The landlord said that she and her husband lived in the premises before using it for Air BNB. She said the fireplace was serviced but there was no evidence of this.
The heat pump was installed on 25 October 2023.
The Housing Improvement Regulations 1947 set out the minimum standards that apply to premises, including: “6.Every living room shall be fitted with a fireplace and chimney or other approved form of heating.”
I conclude that the tenant lived at the premises without a working fireplace or approved form of heating for 11 months from the commencement of the tenancy until October 2023. I have awarded the tenant $500.00 due to loss of amenity and the landlord’s breach of the Housing Improvement Regulations 1947.
The tenant claimed loss of amenity in relation to the oven at the premises. She said that neither the hotplates nor the oven was working at the beginning of the tenancy. The tenant said that she advised the landlord on 12 January 2023. On 7 May 2023 the landlord told the tenant that she could not get a new oven and instead gave the tenant an air fryer. There was no full-size oven at the 1 Regulation 31(2)(b) Residential Tenancies (Healthy Homes Standards) Regulations 2019 premises until February 2024 when the landlord dropped one off but failed to arrange for it to be installed. The tenant arranged for an electrician friend to install it. In addition, the hotplate of the original oven only had one plate working but it got too hot. The tenant rewired the hotplate so that the two front elements could work. The tenant should not have needed to carry this out as it was dangerous and the responsibility of the landlord to maintain the premises including chattels.
The landlord said that she purchased a benchtop oven at the beginning of the tenancy. The landlord failed to provide proof of purchase or any detail of the brand or size of the oven other than a photograph which was not clear.
On the evidence I am satisfied that the tenant did not have a proper working oven from the beginning of the tenancy until February 2024. I have calculated the compensation for loss of amenity at the rate of $20 per week for the 64 weeks without a full oven.
During the tenancy a window at the premises broke. The tenant advised the landlord by text message on 23 March 2023. The tenant said that it was broken when they were away for the weekend. The landlord did not believe the tenant and instead thought the tenant caused the damage to the window. The landlord refused to fix the window. The tenant arranged for the window to be fixed on 8 April 2023 and paid $250.30.
It is the landlord’s responsibility to maintain the premises. I accept the tenant’s version of events and therefore I refund the cost of repairing the window to the tenant.
After the window was repaired it rained and the tenant said that the putty hadn’t set. The glass pane fell out and broke. The window was not fixed at the end of the tenancy and the landlord sought damages which I will consider below.
[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
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.
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 Residential Tenancies Act 1986.
The landlord failed to maintain the premises in a reasonable state of repair. I find they have committed an unlawful act.
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) Residential Tenancies Act 1986.
The landlord did not fix the window as mentioned above, the tenant was without power for a two-week period in Easter 2023, the hot water cylinder leaked for most of 2023 (January to October), and the toilet blocked and was not fixed for four days.
There is an email from the landlord’s property management company who were involved dated 20 October 2023. That email records maintenance issues including that the hot water cylinder leaks (tenant says it is contributing to her electricity bill), the kitchen tap is loose and leaks, the oven does not work, there is extensive mould on the ceilings and window frames in all bedrooms, the tenant advises that there is still rubbish in the garden from before she moved in. The agent advised that at that stage the premises was non-compliant in relation to all Healthy Homes standards.
The failure of the landlord to adequately maintain the premises meant that the tenant’s day to day living was significantly affected. The landlord’s breach was intentional. I consider that an award of exemplary damages of $4,500.00 is reasonable in the circumstances. This takes account of the extra power cost for the tenant in relation to the hot water cylinder (around $3,500.00), the significant inconvenience of having to travel to use a toilet, living in a cold environment due to a broken window that was not fixed and living without power for two weeks.
[The tenant/s] claims the landlord has not lodged the bond with the Bond Centre within the required time.
A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.
The landlord failed to lodge the bond within the statutory timeframe. I find they have committed an unlawful act.
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) Residential Tenancies Act 1986.
The tenant paid the bond to the landlord on 27 April 2023. The landlord did not lodge the bond with the Bond Centre until 15 June 2023.
At the hearing the landlord said that she thought the payment was for rent but this reasoning is not accepted. The payment was more than the rent amount and was equivalent to the bond amount as recorded in the tenancy agreement. Also, the statement prepared by Ashton Property records the payment on 27 April 2023 as being the “Bond for Archers Road”.
I have reached the conclusion that the landlord’s failure to lodge the bond was intentional because she wanted to apply the money to rent that she considered the tenant owed. I consider that an award of exemplary damages of $200.00 is reasonable in the circumstances.
The tenant had also applied in relation to the landlord attending at the premises without notice. I consider that there was insufficient evidence to make an award in relation to this issue. That part of the claim is dismissed. Landlord application
The landlord applied for rent arrears. The rent summary produced by the landlord says that arrears owed amount to $2,619.09. That amount is calculated taking account of a rent increase to $750.00 per week which the landlord applied from 23 December 2023.
The landlord sent a text to the tenant on 27 October 2023 advising that a rent increase to $750.00 will apply from 5 November 2023. That notice does not comply with section 24 Residential Tenancies Act 1986. Later the landlord sent an email to the tenant advising that the rent increase would begin on 25 December 2023. That communication also does not comply with section 24.
I have therefore reached the conclusion that the rent increase was unlawful and cannot be applied. After deducting the amount claimed for the rent increase the amount owed for rent arrears is $989.09.
The landlord sought compensation for water rates. I note that there is an email from Ashton Property (the landlord’s property manager) dated 26 October 2023 which states, “We confirm that the tenants paid their rent up to 30 th Oct 2023. They have huge water bills to pay but tenants claimed the hot water cylinder kept leaking and never was repaired.”
The amount owed for water amounts to $2,059.04 but due to the water leak from the hot water cylinder over many months I have reduced the award to $1,059.04.
The landlord applied for compensation for damage for the broken window, rubbish removal, damage to the kitchen, dining, living areas and main entrance, pest control, cleaning, and lock change. The landlord failed to provide any pre tenancy photographs. The tenant is not responsible for the broken window. Due to the lack of evidence, I am unable to determine whether any of the other damage complained of was caused by the tenant during the tenancy. The landlord’s claims for compensation are dismissed.
As both parties have had some success with their applications I make no award for reimbursement of the filing fee. For the same reason I suppress both parties’ names.

Claims and awards in Tenancy Tribunal application 4887740 — net $4,682.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$989.09		Rent arrears
Water rates	$1,059.04		Water rates
Exemplary damages: Bond not lodged		$200.00	Bond not lodged
Exemplary damages: Failure to maintain		$4,500.00	Failure to maintain
Compensation: No heating		$500.00	No heating
Compensation: Loss of amenity - oven		$1,280.00	Loss of amenity - oven
Compensation: Window repair		$250.30	Window repair
Total award	$2,048.13	$6,730.30
Net award		$4,682.17
Bond		$2,600.00
Total payable by Landlord to Tenant		$4,682.17

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord name and identifying details.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The tenant/s] immediately.
[The landlord/s] must pay [The tenant/s] $6,730.30
All remaining claims are dismissed.

Reasons

Both parties attended the hearing. Background
There have been four hearings between these parties in respect of this tenancy. The hearings have been held on 7 November 2023, 13 March 2024, 17 May 2024, and 31 October 2024.
The tenancy commenced on 5 November 2022 and ended on 16 April 2024.
The tenant applied for a work order, a claim relating to the Healthy Homes standards, compensation, and exemplary damages.
The landlord has applied for rent arrears, water rates, rubbish removal, cleaning, locks, pest control and compensation for damage. Tenant application
The tenancy has ended and therefore a work order is no longer required. That part of the tenant’s claim is dismissed.
Even though a work order is not made the tenant in her application referred to a leaking hot water cylinder, no working oven or stove top, no heating, no fan extractors in the bathroom or kitchen and the premises not meeting the Healthy Homes standards.
For a claim in respect of the Healthy Homes standards the landlord must have failed to comply by the date of compliance. The compliance date usually depends on the date that the tenancy commenced.
Relevant to this case is the exemption where the premises are to be demolished or substantially rebuilt. Regulation 31 of the Residential Tenancies (Healthy Homes Standards) Regulations 2019 states, The landlord need not comply with regulation 6 if,— (a) before the commencement of the tenancy, the landlord applied for consent to demolish or substantially rebuild the premises, with that work to begin within the grace period; and (b) as at the commencement of the tenancy,— (i) the application is still pending; or (ii) if consent was granted before the tenancy commenced, the consent remains in force.
Regulation 6 sets out the responsibility of the landlord in relation to the Healthy Homes standards.
The landlord produced a letter from Auckland Council dated 21 July 2022 which grants resource consent to construct six new residential dwellings at 158 Archers Road.
In this situation the exemption ceases to apply twelve months after commencement of the tenancy 1 . Therefore, the compliance date for this tenancy is 5 November 2023.
The landlord produced a Healthy Homes compliance certificate dated 10 November 2023 confirming that the premises complied with the Healthy Homes standards. While the certificate is dated a few days after the date of compliance I am satisfied that the landlord did not breach the standards to an extent that an award or compensated is warranted. That part of the tenant’s claim is dismissed.
The tenant said that the premises did not have a working heat source. She had asked the landlord for heating in January 2023, soon after the tenancy commenced. The landlord said that there was a fireplace, but the tenant said that this was bordered up. The Healthy Homes compliance statement confirms that the fireplace is bordered up.
The tenant said that the fireplace was sealed up when she moved in and behind the board was rubbish, bricks, and concrete. The tenant said that the landlord told her not to use the fire and instead she offered the use of a fan heater.
The landlord said that she and her husband lived in the premises before using it for Air BNB. She said the fireplace was serviced but there was no evidence of this.
The heat pump was installed on 25 October 2023.
The Housing Improvement Regulations 1947 set out the minimum standards that apply to premises, including: “6.Every living room shall be fitted with a fireplace and chimney or other approved form of heating.”
I conclude that the tenant lived at the premises without a working fireplace or approved form of heating for 11 months from the commencement of the tenancy until October 2023. I have awarded the tenant $500.00 due to loss of amenity and the landlord’s breach of the Housing Improvement Regulations 1947.
The tenant claimed loss of amenity in relation to the oven at the premises. She said that neither the hotplates nor the oven was working at the beginning of the tenancy. The tenant said that she advised the landlord on 12 January 2023. On 7 May 2023 the landlord told the tenant that she could not get a new oven and instead gave the tenant an air fryer. There was no full-size oven at the 1 Regulation 31(2)(b) Residential Tenancies (Healthy Homes Standards) Regulations 2019 premises until February 2024 when the landlord dropped one off but failed to arrange for it to be installed. The tenant arranged for an electrician friend to install it. In addition, the hotplate of the original oven only had one plate working but it got too hot. The tenant rewired the hotplate so that the two front elements could work. The tenant should not have needed to carry this out as it was dangerous and the responsibility of the landlord to maintain the premises including chattels.
The landlord said that she purchased a benchtop oven at the beginning of the tenancy. The landlord failed to provide proof of purchase or any detail of the brand or size of the oven other than a photograph which was not clear.
On the evidence I am satisfied that the tenant did not have a proper working oven from the beginning of the tenancy until February 2024. I have calculated the compensation for loss of amenity at the rate of $20 per week for the 64 weeks without a full oven.
During the tenancy a window at the premises broke. The tenant advised the landlord by text message on 23 March 2023. The tenant said that it was broken when they were away for the weekend. The landlord did not believe the tenant and instead thought the tenant caused the damage to the window. The landlord refused to fix the window. The tenant arranged for the window to be fixed on 8 April 2023 and paid $250.30.
It is the landlord’s responsibility to maintain the premises. I accept the tenant’s version of events and therefore I refund the cost of repairing the window to the tenant.
After the window was repaired it rained and the tenant said that the putty hadn’t set. The glass pane fell out and broke. The window was not fixed at the end of the tenancy and the landlord sought damages which I will consider below.
[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
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.
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 Residential Tenancies Act 1986.
The landlord failed to maintain the premises in a reasonable state of repair. I find they have committed an unlawful act.
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) Residential Tenancies Act 1986.
The landlord did not fix the window as mentioned above, the tenant was without power for a two-week period in Easter 2023, the hot water cylinder leaked for most of 2023 (January to October), and the toilet blocked and was not fixed for four days.
There is an email from the landlord’s property management company who were involved dated 20 October 2023. That email records maintenance issues including that the hot water cylinder leaks (tenant says it is contributing to her electricity bill), the kitchen tap is loose and leaks, the oven does not work, there is extensive mould on the ceilings and window frames in all bedrooms, the tenant advises that there is still rubbish in the garden from before she moved in. The agent advised that at that stage the premises was non-compliant in relation to all Healthy Homes standards.
The failure of the landlord to adequately maintain the premises meant that the tenant’s day to day living was significantly affected. The landlord’s breach was intentional. I consider that an award of exemplary damages of $4,500.00 is reasonable in the circumstances. This takes account of the extra power cost for the tenant in relation to the hot water cylinder (around $3,500.00), the significant inconvenience of having to travel to use a toilet, living in a cold environment due to a broken window that was not fixed and living without power for two weeks.
[The tenant/s] claims the landlord has not lodged the bond with the Bond Centre within the required time.
A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.
The landlord failed to lodge the bond within the statutory timeframe. I find they have committed an unlawful act.
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) Residential Tenancies Act 1986.
The tenant paid the bond to the landlord on 27 April 2023. The landlord did not lodge the bond with the Bond Centre until 15 June 2023.
At the hearing the landlord said that she thought the payment was for rent but this reasoning is not accepted. The payment was more than the rent amount and was equivalent to the bond amount as recorded in the tenancy agreement. Also, the statement prepared by Ashton Property records the payment on 27 April 2023 as being the “Bond for Archers Road”.
I have reached the conclusion that the landlord’s failure to lodge the bond was intentional because she wanted to apply the money to rent that she considered the tenant owed. I consider that an award of exemplary damages of $200.00 is reasonable in the circumstances.
The tenant had also applied in relation to the landlord attending at the premises without notice. I consider that there was insufficient evidence to make an award in relation to this issue. That part of the claim is dismissed. Landlord application
The landlord applied for rent arrears. The rent summary produced by the landlord says that arrears owed amount to $2,619.09. That amount is calculated taking account of a rent increase to $750.00 per week which the landlord applied from 23 December 2023.
The landlord sent a text to the tenant on 27 October 2023 advising that a rent increase to $750.00 will apply from 5 November 2023. That notice does not comply with section 24 Residential Tenancies Act 1986. Later the landlord sent an email to the tenant advising that the rent increase would begin on 25 December 2023. That communication also does not comply with section 24.
I have therefore reached the conclusion that the rent increase was unlawful and cannot be applied. After deducting the amount claimed for the rent increase the amount owed for rent arrears is $989.09.
The landlord sought compensation for water rates. I note that there is an email from Ashton Property (the landlord’s property manager) dated 26 October 2023 which states, “We confirm that the tenants paid their rent up to 30 th Oct 2023. They have huge water bills to pay but tenants claimed the hot water cylinder kept leaking and never was repaired.”
The amount owed for water amounts to $2,059.04 but due to the water leak from the hot water cylinder over many months I have reduced the award to $1,059.04.
The landlord applied for compensation for damage for the broken window, rubbish removal, damage to the kitchen, dining, living areas and main entrance, pest control, cleaning, and lock change. The landlord failed to provide any pre tenancy photographs. The tenant is not responsible for the broken window. Due to the lack of evidence, I am unable to determine whether any of the other damage complained of was caused by the tenant during the tenancy. The landlord’s claims for compensation are dismissed.
As both parties have had some success with their applications I make no award for reimbursement of the filing fee. For the same reason I suppress both parties’ names.

Tenancy Tribunal case 4887740 — State of repair at 158 Archers Road, Glenfield, Auckland 0629

At a glance

Tenancy Tribunal case 4887740 — State of repair at 158 Archers Road, Glenfield, Auckland 0629

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions