What was Tenancy Tribunal case 4908230 about?

The tribunal order states: Kāinga Ora–Homes and Communities must pay [The tenant/s] $901.70

How much money was awarded in case 4908230?

Compensation: $881.26 awarded to tenant; Filing Fee: $20.44 awarded to tenant

Where can I read the official tribunal order for case 4908230?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11063340-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4908230 about?

The tribunal order states: Kāinga Ora–Homes and Communities must pay [The tenant/s] $901.70

How much money was awarded in case 4908230?

Compensation: $881.26 awarded to tenant; Filing Fee: $20.44 awarded to tenant

Where can I read the official tribunal order for case 4908230?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11063340-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4908230 — Leaks

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4908230 — net $901.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation for increased electricity use due to hot water cylinder leak	$881.26	Compensation for increased electricity use due to hot water cylinder leak
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$901.70
Total payable by Landlord to Tenant	$901.70

Both parties attended the hearing. Ms Maturan-Abuid represented the landlord. The tenant attended with a support person.

The tenant claims that the landlord has breached their obligations under Section 45(1)(A) of the Residential Tenancies Act 1986 to provide and maintain the premises in a reasonable state of repair and to comply with any relevant enactment in relation to buildings, health and safety because: a. The hot water cylinder was rusty and leaked; b. There was mould in the bathroom; and c. There was rust on the stove.

The tenant seeks the following: a. Compensation of $881.26 by way of compensation for excess electricity used during the period that the hot water cylinder leaked; b. Compensation for stress suffered during the period that she was paying for excess electricity; and c. Exemplary damages in the amount of $7,200 for the landlord’s failure to maintain. The tenant’s submissions

The tenant says that over winter 2023 her electricity bill became very high (much higher than the previous year) and could she could not work out why. Eventually however, at the end of October 2023, she noticed dampness all around the hot water cupboard and upon investigation found that the hot water cylinder was leaking through the floor boards.

The tenant took photos of the cylinder and contacted the landlord on 7 November 2023. The tenant produced a copy of the photos and her correspondence with the landlord. The photos show a rusty and leaking hot water cylinder.

The tenant explained that her landlord does general inspections every 12 months and that every six months the landlord’s agent (SPM Assets) does annual health and safety visits.

The tenant produced a letter from the landlord dated 12 July 2023 advising that a visit health and safety visit had been scheduled for 31 July 2023 (the previous visit having taken place in January 2022). The letter set out a list of some of the features that would be checked as part of the safety visit and included the following: “Testing that your hot water temperature is acceptable” and “Checking that your hot water cylinder is secure”.

The tenant had just started working and so asked to reschedule the health and safety visit. However a new health and safety visit was not re-scheduled until October 2023 (first scheduled for 2 October and then changed to 30 October) but both of these scheduled visits were cancelled by the landlord’s agent and so did not take place.

The landlord conducted an inspection on 14 November 2023 and the tenant raised a number of issues including issues about mould in the bathroom and rust under the elements of the stove. The tenant took photos of these issues in October 2023 and produced copies at the hearing today.

The tenant is currently undergoing treatment for a very serious illness. She has particular concerns the rusty cylinder may have impacted on her health as she has been suffering from dermatitis. The landlord’s submissions

Ms Maturan-Abuid explained that: a. When the landlord was advised of the leak in the hot water cylinder on 7 November 2024 they raised an urgent work (in less than four hours) and that the hot water cylinder was replaced on 15 November 2023 and the repairs to the surrounding flooring were completed on 22 November 2023. b. After being notified of the mould and stove issue at the inspection on 14 November 2023 the landlord: i. had the vanity and bathtub resealed and painted, shower steps cleaned and painted on 21 November 2023; and ii. Had a new stove installed on 24 November 2023.

Ms Maturan-Abuid said that the landlord has been very responsive to the issues raised by the tenant. She produced a table showing a large number of work orders that have been raised for a variety of issues throughout the tenancy and said that the landlord cannot be responsible for “latent defects”. Analysis

I am satisfied that the landlord has met their obligations in respect of the mould and the rust on the stove elements. These are issues that would have been apparent to the tenant and the landlord has taken steps to resolve them in a timely manner as soon as they were reported.

I am not convinced that the leak in the hot water cylinder is a latent defect. The photos show that the hot water cylinder was manufactured in May 1998 so it was approximately 16 years old. The condition of the cylinder in the photos suggests to me that it had been deteriorating for some time. It was supposed to be inspected regularly but was not. The condition of the cylinder was not apparent to the tenant as it was located out of sight.

In my view the landlord has breached their obligations to maintain the hot water cylinder.

The tenant’s claim for compensation for electricity use was supported by comprehensive evidence including a letter from her power company, an analysis by a local budgeting service of the same period for the previous year and copies of all power invoices. I award the tenant compensation for electricity use in the amount of $881.26.

I appreciate that the event was stressful for the tenant but do not consider that the evidence supports any additional award of compensation.

The tenant also seeks an award of exemplary damages for the landlord’s failure to maintain. Exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.

In my view there was no intention on the part of the landlord. The cylinder was not inspected as it should have been but I consider that this was caused by an oversight due to the re-scheduling of the first health and safety visit.

It is not appropriate to award exemplary damages in this case.

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

Reasons

Claims and awards in Tenancy Tribunal application 4908230 — net $901.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation for increased electricity use due to hot water cylinder leak	$881.26	Compensation for increased electricity use due to hot water cylinder leak
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$901.70
Total payable by Landlord to Tenant	$901.70

Both parties attended the hearing. Ms Maturan-Abuid represented the landlord. The tenant attended with a support person.

The tenant explained that her landlord does general inspections every 12 months and that every six months the landlord’s agent (SPM Assets) does annual health and safety visits.

In my view the landlord has breached their obligations to maintain the hot water cylinder.

I appreciate that the event was stressful for the tenant but do not consider that the evidence supports any additional award of compensation.

It is not appropriate to award exemplary damages in this case.

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

Tenancy Tribunal case 4908230 — Leaks

At a glance

Tenancy Tribunal case 4908230 — Leaks

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions