How much money was awarded in case 4904837?

Compensation: $3,500.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4904837?

The dispute type was not classified.

Where can I read the official tribunal order for case 4904837?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11095575-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4904837?

Compensation: $3,500.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4904837?

The dispute type was not classified.

Where can I read the official tribunal order for case 4904837?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11095575-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4904837 — Tenancy dispute

Q: What was Tenancy Tribunal case 4904837 about?

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

Order

Claims and awards in Tenancy Tribunal application 4904837 — net $3,520.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation	$3,500.00	Compensation
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,520.44
Total payable by Landlord to Tenant	$3,520.44

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.

Click Property Management Limited - As Agent For Ida Lee must pay [The tenant/s] $3,520.44 calculated as shown in table below:

The amount owing is to be deducted from the rent payable by the tenant for the premises until the end of the tenancy, with any balance owing to be immediately paid by Click Property Management Limited as agent for Ida Lee.

Reasons

Both parties attended the hearing.

The tenancy was originally for a fixed term from 13/11/2023 to 10/11/2024 at $350.00 rent per week but has been extended to now end on 31/12/2024.

The flat is one of three in an older complex, sharing the same water supply from the street.

[The tenant/s] claims that the landlord has breached their obligations by failing to fix the water issue with her shower for seven months.

In support of her claim the tenant submitted that she advised the landlord when the problem arose at the beginning of the tenancy and provided the email communication between the parties.

The tenant said that the shower either ran scalding hot and then freezing cold on a random basis and she had told both the landlord and the plumber that she believed the problem stemmed from other users in the building running water at the same time.

The tenant sought compensation of $5,250.00, being half the rent paid for the premises for the thirty weeks she suffered issues with the shower.

In response the landlord did not dispute there were problems with the shower or that the issue took seven months to resolve.

While the landlord accepted that some compensation was reasonable, they were unable to settle the matter because of lack of instructions from the owner of the premises.

The landlord submitted that a plumber first checked the shower on 16/11/2023 and again on 18/12/2023 when the shower head was cleaned.

On 31/1/2024 the plumber replaced the hot stream unit, after which an electrician checked the power supply on 7/5/2024.

Further on 29/5/2024 the plumber installed pressure values and in June a galvanised water feed into the ceiling to increase the water flow to the tenant’s flat, which resolved the problem.

In an email of 14/6/2024 the plumber suggested that they had received mixed responses from the tenant about the problem. The plumber suggested it was not until they checked, a week earlier, the effect on the water pressure by running a tap in the shared laundry that they became aware of what the issue was.

Under section 45, a landlord must, among other matters, 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.

I find the landlord has breached section 45 by failing to have the water issue with the shower remedied in a reasonable timeframe.

The evidence of the tenant supports that she gave notice to the landlord about the problem and continued to chase up the matter with the landlord until the issue was resolved.

I am persuaded by the evidence of the tenant that she advised both the landlord and the plumber of what she believed was the cause of the problem, but unfortunately, for whatever reason, this advice was not acted upon for several months.

As a result, the tenant’s quiet enjoyment in the use of the premises was breached and I consider an award of compensation is warranted in the circumstances.

However, I do not consider exemplary damages are relevant in this instance because there is no evidence to support intent on the part of the landlord.

I have awarded what I consider is reasonable compensation of $3,500.00, being one third of the rent paid for the premises for the thirty weeks the tenant did not have a properly working shower.

As [The applicant/s] has substantially succeeded with the claim I have awarded the filing fee.

Suppression is granted to the tenant pursuant to section 95A because she has succeeded in the proceedings.

Claims and awards in Tenancy Tribunal application 4904837 — net $3,520.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation	$3,500.00	Compensation
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,520.44
Total payable by Landlord to Tenant	$3,520.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
Click Property Management Limited - As Agent For Ida Lee must pay [The tenant/s] $3,520.44 calculated as shown in table below:
The amount owing is to be deducted from the rent payable by the tenant for the premises until the end of the tenancy, with any balance owing to be immediately paid by Click Property Management Limited as agent for Ida Lee.

Reasons

Both parties attended the hearing.
The tenancy was originally for a fixed term from 13/11/2023 to 10/11/2024 at $350.00 rent per week but has been extended to now end on 31/12/2024.
The flat is one of three in an older complex, sharing the same water supply from the street.
[The tenant/s] claims that the landlord has breached their obligations by failing to fix the water issue with her shower for seven months.
In support of her claim the tenant submitted that she advised the landlord when the problem arose at the beginning of the tenancy and provided the email communication between the parties.
The tenant said that the shower either ran scalding hot and then freezing cold on a random basis and she had told both the landlord and the plumber that she believed the problem stemmed from other users in the building running water at the same time.
The tenant sought compensation of $5,250.00, being half the rent paid for the premises for the thirty weeks she suffered issues with the shower.
In response the landlord did not dispute there were problems with the shower or that the issue took seven months to resolve.
While the landlord accepted that some compensation was reasonable, they were unable to settle the matter because of lack of instructions from the owner of the premises.
The landlord submitted that a plumber first checked the shower on 16/11/2023 and again on 18/12/2023 when the shower head was cleaned.
On 31/1/2024 the plumber replaced the hot stream unit, after which an electrician checked the power supply on 7/5/2024.
Further on 29/5/2024 the plumber installed pressure values and in June a galvanised water feed into the ceiling to increase the water flow to the tenant’s flat, which resolved the problem.
In an email of 14/6/2024 the plumber suggested that they had received mixed responses from the tenant about the problem. The plumber suggested it was not until they checked, a week earlier, the effect on the water pressure by running a tap in the shared laundry that they became aware of what the issue was.
Under section 45, a landlord must, among other matters, 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.
I find the landlord has breached section 45 by failing to have the water issue with the shower remedied in a reasonable timeframe.
The evidence of the tenant supports that she gave notice to the landlord about the problem and continued to chase up the matter with the landlord until the issue was resolved.
I am persuaded by the evidence of the tenant that she advised both the landlord and the plumber of what she believed was the cause of the problem, but unfortunately, for whatever reason, this advice was not acted upon for several months.
As a result, the tenant’s quiet enjoyment in the use of the premises was breached and I consider an award of compensation is warranted in the circumstances.
However, I do not consider exemplary damages are relevant in this instance because there is no evidence to support intent on the part of the landlord.
I have awarded what I consider is reasonable compensation of $3,500.00, being one third of the rent paid for the premises for the thirty weeks the tenant did not have a properly working shower.
As [The applicant/s] has substantially succeeded with the claim I have awarded the filing fee.
Suppression is granted to the tenant pursuant to section 95A because she has succeeded in the proceedings.

Tenancy Tribunal case 4904837 — Tenancy dispute

At a glance

Tenancy Tribunal case 4904837 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions