Published tribunal order
Tenancy Tribunal case 4899652 — Tenancy dispute at 26A Sunvue Road, Glen Eden, Auckland 0602
Decided 8 Nov 2024 · Published 8 Nov 2024 · Application 4899652
- Cleanliness
- Exemplary damages
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details. 2. must pay immediately.
Reasons
- Both parties attended the hearing. The tenant appeared in person and the landlord attended by teleconference following an application to do so, due to having made travel arrangements that clashed with the hearing.
- 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.
- 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) and Schedule 1A Residential Tenancies Act 1986.
- The tenant stated that on the day she moved into the premises, 20 March 2024, it was immediately clear that the premises hadn’t been cleaned and that the carpets in particular were in a very dirty state. After messaging the landlord, it was agreed that the tenant would be compensated one week’s rent.
- After the one week’s rent compensation was negotiated, the tenant realised that the premises was heavily infested with cockroaches. By the time half of her belongings were moved into the lounge, cockroaches were crawling over them. The tenant called the landlord to explain the situation, and then moved the rest of her belongings into the garage.
- That night, the tenant who was 6 months’ pregnant, slept in her car.
- A pest control company treated the property on 28 March 2024 and then provided a follow up treatment on 11 April 2024. During this time the tenant says she was not prepared to stay in the premises.
- The tenant is seeking compensation of 15 days rent for the time that she was unable to stay in the premises. The tenant did not make any application for exemplary damages.
- In response, the landlord was very apologetic for the inconvenience that was caused. She acknowledged the problems and stated that she hadn’t been aware of the extent of the problems until the tenant had raised them with her.
- In the hearing, the landlord consented to one-week extra rent compensation, but said she was unable to agree to the second week as she hadn’t received instructions from the owner.
- The landlord accepts the breach, and on this basis, I find they have committed an unlawful act.
- Because the tenant has made no application for exemplary damages, I do not make any order of this kind. However, I do find the claim proved, and I am easily persuaded that the tenant should not be required to pay rent up until the time the premises was compliant with the Residential Tenancies Act, 1986.
- The amounts ordered are proved.
- Because has wholly succeeded with the claim I must reimburse the filing fee.