How much money was awarded in case 4892680?

Cleaning: $230.00 awarded to landlord; Cleaning: $180.00 awarded to landlord; Compensation: $800.00 awarded to tenant; Landlord Not Providing Adequate Heat…: $1,500.00 awarded to tenant; Painting Of Walls: $1,100.00 awarded to landlord

What type of tenancy dispute was case 4892680?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4892680?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10912042-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4892680?

Cleaning: $230.00 awarded to landlord; Cleaning: $180.00 awarded to landlord; Compensation: $800.00 awarded to tenant; Landlord Not Providing Adequate Heat…: $1,500.00 awarded to tenant; Painting Of Walls: $1,100.00 awarded to landlord

What type of tenancy dispute was case 4892680?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4892680?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10912042-Tenancy_Tribunal_Order.pdf.

Unit/Flat 11, 148 Howe Street, Freemans Bay, Auckland Tenancy Tribunal Case 4892680 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4892680?

The tribunal order states: Auckland Property Management Limited As Agent For Monkey Enterprises Ltd

Reasons

Claims and awards in Tenancy Tribunal application 4892680 — net $790.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: painting of walls	$1,100.00		Repairs: painting of walls
Cleaning	$230.00		Cleaning
Cleaning: blinds	$180.00		Cleaning: blinds
Compensation for discomfort and loss of amenity due to		$800.00	Compensation for discomfort and loss of amenity due to
landlord not providing adequate heating in living room		$1,500.00	landlord not providing adequate heating in living room
Total award	$1,510.00	$2,300.00
Net award		$790.00
Bond		$2,480.00
Total payable by Landlord to Tenant		$790.00

Both parties attended the hearing.

The landlord has applied for compensation and refund of the bond following the end of the tenancy. The tenant has counterclaimed for compensation and exemplary damages for the landlord failing to provide fixed heating in the living room.

This was a 2 year tenancy which commenced on 28 January 2022 and ended on 28 January 2024.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy.

The amounts ordered for general cleaning and blinds cleaning to a reasonably clean and tidy standard are 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.

The tenant attempted to touch up or spot paint the walls during the tenancy. The result of the tenant’s action, although well meaning, is that the walls are now patchy as they have not been properly done. Unfortunately the state of the walls at the end of the tenancy means that the walls is considered to be ‘damaged’ and this damage is more than fair wear and tear. The tenant has not disproved liability for the damage.

The amounts sought for wall repairs by repainting the walls are proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Has the landlord breached the HHS by not providing heating to the living room?

Michael Braverman and Alina Braverman claim that the landlord has breached the landlord’s obligations under section 45(1)(bb) of the Residential Tenancies Act 1986 (RTA), which requires compliance with the Residential Tenancies (Healthy Homes Standards) 2019 (HHS). Michael Braverman and Alina Braverman consider that the landlord has failed to comply with the HHS heating standard.

Compliance dates for the HHS vary depending on the tenancy: a. For private rentals i. If the tenancy commenced between 1 July 2021 and before 28 August 2022, the rental must comply within 90 days of the commencement of any new or renewed tenancy; or ii. If the tenancy commenced between 28 August 2022 but before 3 March 2025, the rental must comply within 120 days of the commencement of any new or renewed tenancy. iii. All private rentals must comply by 1 July 2025. b. All boarding houses must comply by 1 July 2021. c. All houses rented by Kāinga Ora and registered Community Housing Providers must comply by 1 July 2024.

In this case, given that the tenancy commenced between 1 July 2021 and before 28 August 2022, the rental must comply within 90 days of the start of the tenancy on 28 January 2022, ie., by 28 April 2022.

The heating standard requires landlords to provide one or more ‘qualifying heaters’, with a capacity to heat the room to a required level. The heating standard defines what a qualifying heater would be and confirms that certain types of heaters are unacceptable heaters for the purpose of the HHS.

The heating standard requires that heaters in the particular tenancy have a minimum heating capacity. An on-line calculator has been produced in order to determine what level of heating is required for any particular premises, and that can be found at https://www.tenancy.govt.nz/heating-tool/

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A).

In this case, the landlord concedes that there is no fixed heating source that meets the minimum 5.8kW heating in the living room. The landlord’s healthy homes standards report dated 29 September 2020 confirms that a fixed heater with a minimum 5.8kW heating capacity in the living room is required.

I find Auckland Property Management Limited As Agent For Monkey Enterprises Ltd 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 interest of the other party, and the public interest. See section 109(3) RTA.

The landlord accepts that it has overlooked the installation of the heating source in the living room because the body corporate has denied the initial request to install a heatpump (which requires outside piping/installation and electrical work). Instead of installing an alternative heating device that meets the HHS, the landlord overlooked the issue until after the tenancy had already ended.

Considering the landlord’s explanation and the factors set out under section 109(3) RTA, I have determined that an award of exemplary damages of $1,500.00 is appropriate against the landlord.

I also award the tenant general damages for the discomfort and loss of amenity suffered by the tenant in the 2 bedroom apartment due to the landlord not providing adequate heating in the living room for 2 years. I consider that general damages of $800.00 is appropriate.

The bond will now be returned to the tenant given the above awards for and against each party.

Claims and awards in Tenancy Tribunal application 4892680 — net $790.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: painting of walls	$1,100.00		Repairs: painting of walls
Cleaning	$230.00		Cleaning
Cleaning: blinds	$180.00		Cleaning: blinds
Compensation for discomfort and loss of amenity due to		$800.00	Compensation for discomfort and loss of amenity due to
landlord not providing adequate heating in living room		$1,500.00	landlord not providing adequate heating in living room
Total award	$1,510.00	$2,300.00
Net award		$790.00
Bond		$2,480.00
Total payable by Landlord to Tenant		$790.00

Order

Auckland Property Management Limited As Agent For Monkey Enterprises Ltd must pay Michael Braverman and Alina Braverman $790.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,480.00 (6090970-027) to Michael Braverman and Alina Braverman immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and refund of the bond following the end of the tenancy. The tenant has counterclaimed for compensation and exemplary damages for the landlord failing to provide fixed heating in the living room.
This was a 2 year tenancy which commenced on 28 January 2022 and ended on 28 January 2024.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy.
The amounts ordered for general cleaning and blinds cleaning to a reasonably clean and tidy standard are 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.
The tenant attempted to touch up or spot paint the walls during the tenancy. The result of the tenant’s action, although well meaning, is that the walls are now patchy as they have not been properly done. Unfortunately the state of the walls at the end of the tenancy means that the walls is considered to be ‘damaged’ and this damage is more than fair wear and tear. The tenant has not disproved liability for the damage.
The amounts sought for wall repairs by repainting the walls are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Has the landlord breached the HHS by not providing heating to the living room?

Michael Braverman and Alina Braverman claim that the landlord has breached the landlord’s obligations under section 45(1)(bb) of the Residential Tenancies Act 1986 (RTA), which requires compliance with the Residential Tenancies (Healthy Homes Standards) 2019 (HHS). Michael Braverman and Alina Braverman consider that the landlord has failed to comply with the HHS heating standard.
Compliance dates for the HHS vary depending on the tenancy: a. For private rentals i. If the tenancy commenced between 1 July 2021 and before 28 August 2022, the rental must comply within 90 days of the commencement of any new or renewed tenancy; or ii. If the tenancy commenced between 28 August 2022 but before 3 March 2025, the rental must comply within 120 days of the commencement of any new or renewed tenancy. iii. All private rentals must comply by 1 July 2025. b. All boarding houses must comply by 1 July 2021. c. All houses rented by Kāinga Ora and registered Community Housing Providers must comply by 1 July 2024.
In this case, given that the tenancy commenced between 1 July 2021 and before 28 August 2022, the rental must comply within 90 days of the start of the tenancy on 28 January 2022, ie., by 28 April 2022.
The heating standard requires landlords to provide one or more ‘qualifying heaters’, with a capacity to heat the room to a required level. The heating standard defines what a qualifying heater would be and confirms that certain types of heaters are unacceptable heaters for the purpose of the HHS.
The heating standard requires that heaters in the particular tenancy have a minimum heating capacity. An on-line calculator has been produced in order to determine what level of heating is required for any particular premises, and that can be found at https://www.tenancy.govt.nz/heating-tool/
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A).
In this case, the landlord concedes that there is no fixed heating source that meets the minimum 5.8kW heating in the living room. The landlord’s healthy homes standards report dated 29 September 2020 confirms that a fixed heater with a minimum 5.8kW heating capacity in the living room is required.
I find Auckland Property Management Limited As Agent For Monkey Enterprises Ltd 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 interest of the other party, and the public interest. See section 109(3) RTA.
The landlord accepts that it has overlooked the installation of the heating source in the living room because the body corporate has denied the initial request to install a heatpump (which requires outside piping/installation and electrical work). Instead of installing an alternative heating device that meets the HHS, the landlord overlooked the issue until after the tenancy had already ended.
Considering the landlord’s explanation and the factors set out under section 109(3) RTA, I have determined that an award of exemplary damages of $1,500.00 is appropriate against the landlord.
I also award the tenant general damages for the discomfort and loss of amenity suffered by the tenant in the 2 bedroom apartment due to the landlord not providing adequate heating in the living room for 2 years. I consider that general damages of $800.00 is appropriate.
The bond will now be returned to the tenant given the above awards for and against each party.

Tenancy Tribunal case 4892680 — Property damage at Unit/Flat 11, 148 Howe Street, Freemans Bay, Auckland

At a glance

Tenancy Tribunal case 4892680 — Property damage at Unit/Flat 11, 148 Howe Street, Freemans Bay, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Has the landlord breached the HHS by not providing heating to the living room?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Has the landlord breached the HHS by not providing heating to the living room?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions