What was Tenancy Tribunal case 4907093 about?

The tribunal order states: Jade Rental Properties Limited must pay [The tenant/s] $980.44 immediately,

How much money was awarded in case 4907093?

Compensation: $960.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4907093?

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

Where can I read the official tribunal order for case 4907093?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10584783-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4907093 about?

The tribunal order states: Jade Rental Properties Limited must pay [The tenant/s] $980.44 immediately,

How much money was awarded in case 4907093?

Compensation: $960.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4907093?

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

Where can I read the official tribunal order for case 4907093?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10584783-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4907093 — Healthy homes

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4907093. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
immediately, being compensation of	$960.00		immediately, being compensation of
plus the filing fee of	$20.44		plus the filing fee of

Jade Rental Properties Limited must pay [The tenant/s] $980.44 immediately, being compensation of $960.00 plus the filing fee of $20.44.

The landlord must carry out the following work to the premises, which must be completed by 6 August 2024. a. Obtain independent advice and recommendations from 1 Stop Property Maintenance or another entity with experience in establishing lawns by no later than 26 July 2024; b. Implement the recommendations referred to in 3 a) by no later than 6 August 2024.

If the landlord fails to comply with either Order 2 or 3 above, then the tenant may request a further hearing. Such request must be made by no later than 20 August 2024.

Reasons

Both parties attended the hearing.

The tenant’s claim arises from the impact of the installation of a soak pit in the front lawn of the premises.

The tenancy started on 2 September 2023. According to the tenancy agreement, the premises did not comply with the drainage standard of the Residential Tenancies (Healthy Homes Standards) Regulations 2019 (HHS). This was because the downpipe was draining onto the land. Accordingly a soak pit was installed in the front lawn. It measures approximately 8m x 8m.

Under the regulations, the landlord had 120 days to comply with the standard. The parties agree that this occurred on 1 December and the HHS have now been complied with.

Unfortunately, the job was not done satisfactorily.

The tenant, who has some experience in these matters felt that it was not deep enough, and the rocks were too high. He was also disappointed because he had expected to be able to use the lawn for a family barbecue at Christmas. He had been led to believe that the disruption would only be a for a few days, but he was left with messy topsoil, the rocks were not satisfactorily covered and he was without a lawn over summer.

The landlord explained that because it was summer, it was not the best time to sow lawn, but they did arrange grass to be sown at the end of January. Those contractors said that the filter cloth had to be put down again as it had come back through the soil. The landlord told the owners that the soak pit contractors would need to return to fix the problem. This was attended to in February, but in March when the landlord inspected the situation, they were not satisfied with the topsoil, noting that they sank when walking on it. The soak pit contractors were asked to attend for a third time.

On 17 April 2024 the tenant issued a notice to remedy, noting the lawn area was still uneven and rocks were exposed. The landlords arranged for the rocks to be removed. Some topsoil and grass seed were laid.

The tenant provided photographs of the lawn at the start of the tenancy and in December.

The landlord produced an invoice and an email dated 5 June 2024 from 1 Stop Property Maintenance confirming that they had picked up stones/rock from the premises, weed-eated and mowed the rest.

The landlord provided photographs of the lawn taken 5 days ago on 11 July. They show that grass is growing, but there are still some bare patches. The landlord believes that over the next few months the grass will fill in. They agree to apply some more lawn seed.

The tenant had a photograph on his phone from 24 June. It shows that some of the bare patches attract a lot of water. He says that more topsoil is required.

The tenant also seeks $6,000 in compensation. He explained that was an amount he was advised to seek. Discussion

There is no doubt that the tenant’s ability to enjoy his lawn has been impaired as a result of the installation of the soak pit. The ongoing problems have not been the fault of the landlord, who has responded to concerns in a timely manner. This is not a case of a landlord neglecting their responsibilities and so there is no question of exemplary damages.

However, the fact remains that the tenant has been paying rent for a property that is not the same as when he first started renting it. As well has not being able to use the lawn, he has not been able to mow it properly and he has been embarrassed at the state of it over the past months.

The landlord acknowledges that some compensation is warranted, noting that the lawn is only 10% of the property.

I have decided that the tenant should be compensated $30.00 per week for the state of the lawn over the past 32 weeks. That comes to $960.00. This amount recognises that he has had the full use of the home, that the lawn would not be in use over the winter, but that it has been embarrassing that he has not been able to keep it tidy.

As to the future of the lawn, it is difficult to assess. The tenant says that it requires topsoil and more seed. Although he may well have relevant knowledge and experience in these matters, his opinion is not independent.

Based on the photographs provided, I am satisfied that the lawn is starting to be re-established. At the same time, I recognise there are still some bare patches, but I am also satisfied that it can now be mowed over the remainder of the winter. Therefore, the impact on the tenant is now significantly reduced.

I appreciate that over the coming spring months, the situation may well further remedy itself, as suggested by the landlord but also acknowledge that more topsoil may be required.

The landlord said that they will get advice and follow the recommendations. Accordingly I have ordered them to do so.

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

Order

Claims and awards in Tenancy Tribunal application 4907093. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
immediately, being compensation of	$960.00		immediately, being compensation of
plus the filing fee of	$20.44		plus the filing fee of