What was Tenancy Tribunal case 4908756 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 4908756?

Compensation: Loss of enjoyment/leak…: $4,400.00 awarded to tenant

Where can I read the official tribunal order for case 4908756?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11570522-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4908756 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 4908756?

Compensation: Loss of enjoyment/leak…: $4,400.00 awarded to tenant

Where can I read the official tribunal order for case 4908756?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11570522-Tribunal_Order_Redacted.pdf.

9 Holiday Road, Milford, Auckland 0620 Tenancy Tribunal Case 4908756 — Leaks

Claims and awards in Tenancy Tribunal application 4908756 — net $4,400.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Loss of enjoyment/leaking skylight	$4,400.00	Loss of enjoyment/leaking skylight
Net award	$4,400.00
Total payable by Landlord to Tenant	$4,400.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
Linda Fedon and Sophie Reardon must pay [The tenant/s] $4,400.00 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing on 3 rd March 2025.
[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 (“RTA”).
Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair and comply with any relevant enactment in relation to buildings, health and safety.
Under regulation 15 of the Housing Improvement Regulations 1947, every house must be free from dampness.
This is reflected in the Healthy Homes Standards under the RTA.
The tenancy was at a high-end, fully furnished beachfront property with 4 bedrooms, 3 bathrooms, 1 main lounge and 1 sunroom. The property had 8 skylights.
The weekly rent was $2,750.00.
The tenancy started from 9 th November 2023 and ended on 17 th June 2024.
The tenants said that the premises was damp and was not maintained to a reasonable standard during the tenancy. This was due to a leaky skylight more than anything else. Timeline of skylight issues
From 18 th November 2023, the tenants noticed that one of the skylights was leaking and notified the landlord.
On 24 th November 2023, the landlord sent a builder to seal the skylight from the inside. A roofer was booked and on 12 th December 2023, the roofer placed a sealant on the exterior as well and created a divergent for the rain.
On 30 th December 2023, the tenant again noticed that the skylight was leaking badly and notified the landlord.
The landlord responded immediately that a plan for the exterior sealing of the skylight has been booked but the date for the repair was going to be confirmed in the new year.
On 24 th January 2024, the landlord confirmed that the skylight repairs were going to be done at the start of the February, but they were struggling to get a confirmed date at that stage.
On 5 th February 2024, a roofer attended and replaced a section of the framing for the skylight.
On 5 th March 2024, an inspection took place. No issue was raised with the skylight that day.
On 20 th April 2024, the tenants noticed the skylight leaking again in the same place and notified the landlord.
The landlord made enquiries with their roofer seeking advice on fixing the skylight leaking situation. Around this time, the tenants were looking to move out earlier than anticipated.
The landlord paid a deposit for the membrane to be repaired, resealed and repainted.
On 13 th May 2024, the landlord emailed the tenant that the repair work could start on 10 th June 2024
The tenant replied saying that as they were moving out on 17 th June 2024, the repair work should start after they move out.
After the tenants moved out, the skylight was repaired.
It is understood that there have not been any issues with the skylight since the last repair.

Did the landlord fail to maintain?

I do not find that the landlord has failed to maintain the premises in a reasonable state of repair having regard to the age and character of the premises. Sometimes skylights will fail.
I find that the landlord had responded quickly when the tenant notified the landlord of the repairs.
However, I do accept that the tenant was unable to have the full enjoyment of the premises when it leaked.
Although the leak was only about 3 centimetres by 2 centimetres, lamp shades and fake flowers had mould on them proving that it would have contributed to the dampness situation.
The tenant says that their young son was diagnosed with asthma and bronchial pneumonia as a result of the leaking skylight and they had to change their flights as well but there was no medical evidence to be able to prove this to the required standard.
The tenant said that their health and their son’s health recovered once they moved into the new premises.
As there was no medical evidence to prove the connection between the leaking skylight and their health to the required standard, I do not factor this into my award of compensation.
However, I accept that the tenant was unable to have full enjoyment of the premises and suffered stress when it leaked.
The entire duration of the skylight leaking was approximately 15 weeks.
I calculate a rent reduction of around 10 percent for that period.
I order the landlord to pay the tenant $4,400.00 for the loss of enjoyment of the premises.
The bond has already been refunded to the tenant.
Name suppression will be granted for the tenant.
I do not order for the filing to be reimbursed.

Claims and awards in Tenancy Tribunal application 4908756 — net $4,400.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Loss of enjoyment/leaking skylight	$4,400.00	Loss of enjoyment/leaking skylight
Net award	$4,400.00
Total payable by Landlord to Tenant	$4,400.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
Linda Fedon and Sophie Reardon must pay [The tenant/s] $4,400.00 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing on 3 rd March 2025.
[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 (“RTA”).
Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair and comply with any relevant enactment in relation to buildings, health and safety.
Under regulation 15 of the Housing Improvement Regulations 1947, every house must be free from dampness.
This is reflected in the Healthy Homes Standards under the RTA.
The tenancy was at a high-end, fully furnished beachfront property with 4 bedrooms, 3 bathrooms, 1 main lounge and 1 sunroom. The property had 8 skylights.
The weekly rent was $2,750.00.
The tenancy started from 9 th November 2023 and ended on 17 th June 2024.
The tenants said that the premises was damp and was not maintained to a reasonable standard during the tenancy. This was due to a leaky skylight more than anything else. Timeline of skylight issues
From 18 th November 2023, the tenants noticed that one of the skylights was leaking and notified the landlord.
On 24 th November 2023, the landlord sent a builder to seal the skylight from the inside. A roofer was booked and on 12 th December 2023, the roofer placed a sealant on the exterior as well and created a divergent for the rain.
On 30 th December 2023, the tenant again noticed that the skylight was leaking badly and notified the landlord.
The landlord responded immediately that a plan for the exterior sealing of the skylight has been booked but the date for the repair was going to be confirmed in the new year.
On 24 th January 2024, the landlord confirmed that the skylight repairs were going to be done at the start of the February, but they were struggling to get a confirmed date at that stage.
On 5 th February 2024, a roofer attended and replaced a section of the framing for the skylight.
On 5 th March 2024, an inspection took place. No issue was raised with the skylight that day.
On 20 th April 2024, the tenants noticed the skylight leaking again in the same place and notified the landlord.
The landlord made enquiries with their roofer seeking advice on fixing the skylight leaking situation. Around this time, the tenants were looking to move out earlier than anticipated.
The landlord paid a deposit for the membrane to be repaired, resealed and repainted.
On 13 th May 2024, the landlord emailed the tenant that the repair work could start on 10 th June 2024
The tenant replied saying that as they were moving out on 17 th June 2024, the repair work should start after they move out.
After the tenants moved out, the skylight was repaired.
It is understood that there have not been any issues with the skylight since the last repair.

Did the landlord fail to maintain?

I do not find that the landlord has failed to maintain the premises in a reasonable state of repair having regard to the age and character of the premises. Sometimes skylights will fail.
I find that the landlord had responded quickly when the tenant notified the landlord of the repairs.
However, I do accept that the tenant was unable to have the full enjoyment of the premises when it leaked.
Although the leak was only about 3 centimetres by 2 centimetres, lamp shades and fake flowers had mould on them proving that it would have contributed to the dampness situation.
The tenant says that their young son was diagnosed with asthma and bronchial pneumonia as a result of the leaking skylight and they had to change their flights as well but there was no medical evidence to be able to prove this to the required standard.
The tenant said that their health and their son’s health recovered once they moved into the new premises.
As there was no medical evidence to prove the connection between the leaking skylight and their health to the required standard, I do not factor this into my award of compensation.
However, I accept that the tenant was unable to have full enjoyment of the premises and suffered stress when it leaked.
The entire duration of the skylight leaking was approximately 15 weeks.
I calculate a rent reduction of around 10 percent for that period.
I order the landlord to pay the tenant $4,400.00 for the loss of enjoyment of the premises.
The bond has already been refunded to the tenant.
Name suppression will be granted for the tenant.
I do not order for the filing to be reimbursed.

Tenancy Tribunal case 4908756 — Leaks at 9 Holiday Road, Milford, Auckland 0620

At a glance

Tenancy Tribunal case 4908756 — Leaks at 9 Holiday Road, Milford, Auckland 0620

At a glance

Award balance

Claims & awards

Order

Reasons

Did the landlord fail to maintain?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the landlord fail to maintain?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions