What was Tenancy Tribunal case 4902477 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 4902477?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4902477?

The primary dispute was Healthy homes. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4902477?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10447652-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4902477 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 4902477?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4902477?

The primary dispute was Healthy homes. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4902477?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10447652-Tribunal_Order_Redacted.pdf.

14 Plymouth Street, Roslyn, Palmerston North 4414 Tenancy Tribunal Case 4902477 — Healthy homes

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
The tenant will grant access to the landlord and its contractors on 24 hours’ notice by text message for the contractors to complete the work necessary to bring the premises up to Healthy Homes Standards (“HHS”).
If having received notice, the tenant refuses access to the premises, the landlord may take possession of the premises upon 48 hours’ notice pursuant to the notice to terminate the tenancy under section 53B Residential Tenancies Act 1986 (“RTA”).
If the HHS work is not completed by 1 July 2024, the tenant agrees that the landlord will not be liable for exemplary damages or compensation for its non- compliance with HHS.
The landlord will use its best endeavours to complete the required works and the tenant agrees to co-operate with the landlord’s contractors so that the works can be completed as soon as possible.

Reasons

The landlord attended the hearing by telephone.
The tenant attended the hearing in person.
The landlord explained that it needs to comply with the HHS by 1 July 2024 and has had difficulties obtaining access to the property and gaining the co- operation of the tenant.
The landlord issued a valid notice to terminate the tenancy under section 53B RTA. Its application sought possession of the premises now that the notice period had expired.
The tenant wishes to remain in her home where she has been for some eight and a half years. She is willing to co-operate with the landlord in having the HHS works completed and disputes that she has not been co-operative.
The landlord advised that from its inspection carried out this week, the following works will be required: a. An electrician will need to check concerns expressed by the tenant regarding the safety and adequacy of the electrics. b. A heat pump will be installed. c. The extractor fan in the bathroom will be repaired or replaced. d. The gutters will be cleaned. e. The windows and doors will be draught-proofed. f. The ceiling insulation will be topped up. g. Underfloor insulation will be installed together with a trap door to allow access to the underfloor area.
There may be other works required and this list is not intended to be exhaustive.
The parties agreed that the works could be completed with the tenant remaining in her home.
The parties agreed to the terms of this Order so that the tenant can remain in her home and the landlord can complete the works required for it to meet its obligations under the HHS.
While the landlord believes that it will be possible to have the works completed by 1 July 2024, the deadline is tight. The landlord is concerned that it meets its legal obligations under the RTA. It was for this reason that it made its application to the Tribunal for vacant possession. It would then be able to have the works completed quickly. But if they were not completed by 1 July 2024, the premises would be vacant and there could be no claim against the landlord for noncompliance with HHS.
The landlord wishes to have the works completed as soon as possible. The tenant agreed at the hearing that if the works were not completed by 1 July 2024, she would not bring any claim for exemplary damages or compensation for the landlord’s failure to comply with HHS by 1 July 2024.
Section 85(2) of the Residential Tenancies Act 1986 (RTA) requires the Tribunal to determine each dispute according to the general principles of the law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities.
It is appropriate in this case and on these facts that the agreement of the tenant in relation to exemplary damages and compensation be recorded as part of this Order pursuant to the Tribunal’s power under section 77(2)(j) RTA. Her agreement has allowed her to remain in her home. If she had not agreed then the landlord would have been in the position of requiring possession to avoid any chance of a claim for compensation or exemplary damages and the Tribunal would have been required to make the order the landlord was seeking.
This landlord has agreed to use its best endeavours to get the HHS works completed as soon as possible.
The tenant has agreed to allow the landlord’s contractors access to the property on 24 hours’ notice to be given by text.
It is appropriate that this Order be a conditional termination order in case the tenant refuses access to the landlord or its contractors. The landlord needs to be assured that it will be able to take possession of the premises if the tenant does not co-operate. The tenant agreed to the Order being made on these terms.
As this order is made by consent to record the agreement of the parties at the hearing, it is appropriate that their names and details be suppressed.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
The tenant will grant access to the landlord and its contractors on 24 hours’ notice by text message for the contractors to complete the work necessary to bring the premises up to Healthy Homes Standards (“HHS”).
If having received notice, the tenant refuses access to the premises, the landlord may take possession of the premises upon 48 hours’ notice pursuant to the notice to terminate the tenancy under section 53B Residential Tenancies Act 1986 (“RTA”).
If the HHS work is not completed by 1 July 2024, the tenant agrees that the landlord will not be liable for exemplary damages or compensation for its non- compliance with HHS.
The landlord will use its best endeavours to complete the required works and the tenant agrees to co-operate with the landlord’s contractors so that the works can be completed as soon as possible.

Reasons

The landlord attended the hearing by telephone.
The tenant attended the hearing in person.
The landlord explained that it needs to comply with the HHS by 1 July 2024 and has had difficulties obtaining access to the property and gaining the co- operation of the tenant.
The landlord issued a valid notice to terminate the tenancy under section 53B RTA. Its application sought possession of the premises now that the notice period had expired.
The tenant wishes to remain in her home where she has been for some eight and a half years. She is willing to co-operate with the landlord in having the HHS works completed and disputes that she has not been co-operative.
The landlord advised that from its inspection carried out this week, the following works will be required: a. An electrician will need to check concerns expressed by the tenant regarding the safety and adequacy of the electrics. b. A heat pump will be installed. c. The extractor fan in the bathroom will be repaired or replaced. d. The gutters will be cleaned. e. The windows and doors will be draught-proofed. f. The ceiling insulation will be topped up. g. Underfloor insulation will be installed together with a trap door to allow access to the underfloor area.
There may be other works required and this list is not intended to be exhaustive.
The parties agreed that the works could be completed with the tenant remaining in her home.
The parties agreed to the terms of this Order so that the tenant can remain in her home and the landlord can complete the works required for it to meet its obligations under the HHS.
While the landlord believes that it will be possible to have the works completed by 1 July 2024, the deadline is tight. The landlord is concerned that it meets its legal obligations under the RTA. It was for this reason that it made its application to the Tribunal for vacant possession. It would then be able to have the works completed quickly. But if they were not completed by 1 July 2024, the premises would be vacant and there could be no claim against the landlord for noncompliance with HHS.
The landlord wishes to have the works completed as soon as possible. The tenant agreed at the hearing that if the works were not completed by 1 July 2024, she would not bring any claim for exemplary damages or compensation for the landlord’s failure to comply with HHS by 1 July 2024.
Section 85(2) of the Residential Tenancies Act 1986 (RTA) requires the Tribunal to determine each dispute according to the general principles of the law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities.
It is appropriate in this case and on these facts that the agreement of the tenant in relation to exemplary damages and compensation be recorded as part of this Order pursuant to the Tribunal’s power under section 77(2)(j) RTA. Her agreement has allowed her to remain in her home. If she had not agreed then the landlord would have been in the position of requiring possession to avoid any chance of a claim for compensation or exemplary damages and the Tribunal would have been required to make the order the landlord was seeking.
This landlord has agreed to use its best endeavours to get the HHS works completed as soon as possible.
The tenant has agreed to allow the landlord’s contractors access to the property on 24 hours’ notice to be given by text.
It is appropriate that this Order be a conditional termination order in case the tenant refuses access to the landlord or its contractors. The landlord needs to be assured that it will be able to take possession of the premises if the tenant does not co-operate. The tenant agreed to the Order being made on these terms.
As this order is made by consent to record the agreement of the parties at the hearing, it is appropriate that their names and details be suppressed.

Tenancy Tribunal case 4902477 — Healthy homes at 14 Plymouth Street, Roslyn, Palmerston North 4414

At a glance

Tenancy Tribunal case 4902477 — Healthy homes at 14 Plymouth Street, Roslyn, Palmerston North 4414

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions