How much money was awarded in case 4894414?

At The Premises. 2. If The Landlord…: $100.00 awarded to landlord

What type of tenancy dispute was case 4894414?

The dispute type was not classified.

Where can I read the official tribunal order for case 4894414?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10844709-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4894414?

At The Premises. 2. If The Landlord…: $100.00 awarded to landlord

What type of tenancy dispute was case 4894414?

The dispute type was not classified.

Where can I read the official tribunal order for case 4894414?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10844709-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4894414 — Tenancy dispute

Q: What was Tenancy Tribunal case 4894414 about?

The tribunal order states: The landlord must carry out the following work to the premises, which must be

Order

Claims and awards in Tenancy Tribunal application 4894414. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
at the premises. 2. If the landlord fails to comply with Order 2 above, then the landlord is to pay the tenant compensat	$100.00		at the premises. 2. If the landlord fails to comply with Order 2 above, then the landlord is to pay the tenant compensat

The landlord must carry out the following work to the premises, which must be completed by 4 pm on Friday 27 September 2024. a. Remove all landlord property from the garage storage room at the premises.

If the landlord fails to comply with Order 2 above, then the landlord is to pay the tenant compensation of $100.00 per week commencing on Monday 30 September 2024, until such time as all of the landlord belongings in the garage are removed by the landlord. These costs may be set off against rent payable.

Reasons

Both parties attended this video hearing. The landlord was represented by Callum Harvey and Ling Gao.

The tenant evidence was that they attended a viewing of the premises prior to entering into a tenancy agreement with the landlord.

The tenants looked at the double garage which is connected to the two storey house. Part of the garage area included what could be called a storage room. While viewing the property the tenants saw that the storage room appeared to contain tools, paint, ladders and the like. At the time that the viewing was conducted work was being carried out on the premises and a number of trades people were present. The tenants assumed that the items in the storage room belonged to the trades people and that they would be removed once the work was complete.

The tenants said that the ability to use the storage room as part of their tenancy was important to them in making the decision to rent the premises. One of the tenants is also a trades person and has an extensive range of tools which require adequate storage.

The only real divergence of evidence relates to the viewing itself. The landlord says that a property manager “Harry” carried out the inspection. The landlord says that Harry informed all those people attending the viewing that the premises available for rent did not include the storage room as the owner intended to retain use of that room for storage.

The tenant says that they were not told that the storage room was not to be included.

For the following reasons, I prefer the evidence of the tenant.

Harry was not called to give evidence by the landlord, nor was a written statement provided.

Neither the tenancy application form nor the tenancy agreement contains any reference to the storage room not being a part of the tenanted premises.

The landlord accepted that their failure to include that information in the tenancy agreement was an error on their part and that it would be standard practice in those circumstances to include it.

The items in the storage room are landlord belongings.

The tenant has raised this issue with the landlord on a number of occasions. They have asked for the items to be removed. They have been told that the landlord cannot afford to have the items removed and stored and is refusing to remove them. The tenant is paying a not insubstantial amount to rent all of the premises. The obligation is on the landlord to remove his belongings.

The landlord is to remove the items in the storage room by no later than 4pm on Friday 27 September 2024. In the event that he fails to do so, I consider that there has been a substantial diminution in the value being provided by the landlord to the tenants under the tenancy agreement and the landlord is to pay $100.00 to the tenants on a weekly basis from Monday 30 September 2024 until such time as the landlord belongings are removed or the tenancy ends, whichever is the earlier. These costs may be set off against rent payable by the tenant.

The tenant has applied for name suppression. The tenant has been wholly successful in this matter and suppression of the tenant name and details is ordered.

Claims and awards in Tenancy Tribunal application 4894414. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
at the premises. 2. If the landlord fails to comply with Order 2 above, then the landlord is to pay the tenant compensat	$100.00		at the premises. 2. If the landlord fails to comply with Order 2 above, then the landlord is to pay the tenant compensat

Order

The landlord must carry out the following work to the premises, which must be completed by 4 pm on Friday 27 September 2024. a. Remove all landlord property from the garage storage room at the premises.
If the landlord fails to comply with Order 2 above, then the landlord is to pay the tenant compensation of $100.00 per week commencing on Monday 30 September 2024, until such time as all of the landlord belongings in the garage are removed by the landlord. These costs may be set off against rent payable.

Reasons

Both parties attended this video hearing. The landlord was represented by Callum Harvey and Ling Gao.
The tenant evidence was that they attended a viewing of the premises prior to entering into a tenancy agreement with the landlord.
The tenants looked at the double garage which is connected to the two storey house. Part of the garage area included what could be called a storage room. While viewing the property the tenants saw that the storage room appeared to contain tools, paint, ladders and the like. At the time that the viewing was conducted work was being carried out on the premises and a number of trades people were present. The tenants assumed that the items in the storage room belonged to the trades people and that they would be removed once the work was complete.
The tenants said that the ability to use the storage room as part of their tenancy was important to them in making the decision to rent the premises. One of the tenants is also a trades person and has an extensive range of tools which require adequate storage.
The only real divergence of evidence relates to the viewing itself. The landlord says that a property manager “Harry” carried out the inspection. The landlord says that Harry informed all those people attending the viewing that the premises available for rent did not include the storage room as the owner intended to retain use of that room for storage.
The tenant says that they were not told that the storage room was not to be included.
For the following reasons, I prefer the evidence of the tenant.
Harry was not called to give evidence by the landlord, nor was a written statement provided.
Neither the tenancy application form nor the tenancy agreement contains any reference to the storage room not being a part of the tenanted premises.
The landlord accepted that their failure to include that information in the tenancy agreement was an error on their part and that it would be standard practice in those circumstances to include it.
The items in the storage room are landlord belongings.
The tenant has raised this issue with the landlord on a number of occasions. They have asked for the items to be removed. They have been told that the landlord cannot afford to have the items removed and stored and is refusing to remove them. The tenant is paying a not insubstantial amount to rent all of the premises. The obligation is on the landlord to remove his belongings.
The landlord is to remove the items in the storage room by no later than 4pm on Friday 27 September 2024. In the event that he fails to do so, I consider that there has been a substantial diminution in the value being provided by the landlord to the tenants under the tenancy agreement and the landlord is to pay $100.00 to the tenants on a weekly basis from Monday 30 September 2024 until such time as the landlord belongings are removed or the tenancy ends, whichever is the earlier. These costs may be set off against rent payable by the tenant.
The tenant has applied for name suppression. The tenant has been wholly successful in this matter and suppression of the tenant name and details is ordered.

Tenancy Tribunal case 4894414 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4894414 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Topics & place

Frequently asked questions

Order

Reasons

Topics & place

Frequently asked questions