What was Tenancy Tribunal case 4935635 about?

The published order could not be summarised from available data.

How much money was awarded in case 4935635?

Compensation: Work order noncomplian…: $1,500.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant; HH Report Reimbursement: $228.85 awarded to tenant

What type of tenancy dispute was case 4935635?

The dispute type was not classified.

Where can I read the official tribunal order for case 4935635?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10943724-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4935635 about?

The published order could not be summarised from available data.

How much money was awarded in case 4935635?

Compensation: Work order noncomplian…: $1,500.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant; HH Report Reimbursement: $228.85 awarded to tenant

What type of tenancy dispute was case 4935635?

The dispute type was not classified.

Where can I read the official tribunal order for case 4935635?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10943724-Tribunal_Order_Redacted.pdf.

454B Taupaki Road, Kumeu, RD 2, Kumeu 0892 Tenancy Tribunal Case 4935635 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4935635 — net $1,755.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
HH report reimbursement	$228.85	HH report reimbursement
Compensation: Work order noncompliance	$1,500.00	Work order noncompliance
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,755.85
Total payable by Landlord to Tenant	$1,755.85

Reasons

Both parties attended the hearing. The landlord attended by video. The tenant attended by telephone.
The tenant applies for a work order, a claim relating to the Healthy Homes standards and compensation.
An earlier hearing was held over two days (16 February 2024 and 20 May 2024) and an order was made on 22 May 2024. Included in that order was a work order for the landlord to carry out the following by 20 June 2024: a) Employ a professional drainage firm to investigate the cause of flooding in the downstairs area of the barn. Undertake the remedial work as recommended by the drainage firm. b) Obtain a Healthy Homes assessment and carry out the work required for the premises to be Healthy Homes compliant.
The landlord employed a drainage firm and drainage work was undertaken. Unfortunately, that did not address the flooding issue. The drainage work was carried out prior to 20 June 2024.
On around 7 September 2024 the premises flooded, and the tenant advised the landlord. When the landlord visited the premises, he saw that the issue was the water running off the driveway that was causing the flooding.
While the flooding issue was not fixed the landlord did take steps within the timeframe to fix the problem.
In relation to the Healthy Homes assessment, the landlord did not obtain the assessment until after 20 June 2024. It therefore did not comply with the work order in relation to Healthy Homes assessment or compliance. At the hearing the landlord advised that a copy of the assessment would be provided by email, but it did not arrive by the end of the hearing.
The tenant said that the person carrying out the Healthy Homes assessment did not enter the premises. As I have not seen the assessment, I am not able to determine whether it is an accurate or valid assessment. I do note that an assessor would need to enter the premises to carry out a Healthy Homes assessment.
The tenant obtained a Healthy Homes assessment at her cost, which I have reimbursed to her. That assessment determined that the premises was noncompliant in relation to draught stopping. In all other respects the premises were compliant in relation to the Healthy Homes standards. Work order
The tenant claims that the landlord did not fix the flooding issue or address the Healthy Homes standard compliance. The tenant wants the problem fixed.
Under section 45(1)(a) - (ca) Residential Tenancies Act 1986, the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements.
Where the Tribunal finds the landlord has failed to comply with any of these obligations, it may make an order for the landlord to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.
If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order. This provision does not apply to any work order, or part of a work order, in relation to smoke alarms, insulation, a failure to comply with a standard of fitness under section 120C Health Act 1956, or a failure to comply with any health or safety legislative requirement. See sections 78(2) and 78(2AA) Residential Tenancies Act 1986.
A work order may also authorise the tenant to undertake the work and charge the landlord the costs of doing the work, if the landlord should fail to comply with the work order and alternative monetary order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be set off by the tenant against rent payable. See sections 78(2AAB) and 78(2AAC)(b) Residential Tenancies Act 1986.

Has the landlord failed to comply with their obligations?

As stated above, the flooding issue has not been solved. The landlord thinks that the problem is the water running off the driveway and a drain along the width of the driveway will fix the problem. To date the landlord has not fixed the problem and the tenant has experienced flooding on several occasions since the last hearing.
While the landlord has obtained a Healthy Homes assessment (not seen by me) the assessor did not enter the premises and therefore the accuracy and validity of the assessment is in doubt. Instead, the tenant has obtained an assessment which shows that the premises does not comply in relation to draughts. The landlord must fix the problem related to the draughts as set out in the assessment.
The landlord must complete this work by 31 October 2024. As an alternative to carrying out the work the landlord must pay the tenant $2,500.00. If the landlord fails to complete the work by 31 October 2024, then the landlord must pay the tenant $5,000.00. Compensation
The landlord failed to comply with the earlier work order in relation to the Healthy Homes assessment.
I accept that the landlord did carry out drainage work as provided in the work order, but that work did not fix the problem. I note that the Healthy Homes assessment obtained by the tenant records that the drainage is compliant.
Given the landlord’s failure to obtain a Healthy Homes assessment within the timeframe given I am awarding the tenant compensation of $1,500.00.
While this was an important issue, the main issue in the earlier hearing was the drainage and the belief that once this was addressed then the flooding would not occur again.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason I have suppressed the tenant’s name.

Claims and awards in Tenancy Tribunal application 4935635 — net $1,755.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
HH report reimbursement	$228.85	HH report reimbursement
Compensation: Work order noncompliance	$1,500.00	Work order noncompliance
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,755.85
Total payable by Landlord to Tenant	$1,755.85

Reasons

Both parties attended the hearing. The landlord attended by video. The tenant attended by telephone.
The tenant applies for a work order, a claim relating to the Healthy Homes standards and compensation.
An earlier hearing was held over two days (16 February 2024 and 20 May 2024) and an order was made on 22 May 2024. Included in that order was a work order for the landlord to carry out the following by 20 June 2024: a) Employ a professional drainage firm to investigate the cause of flooding in the downstairs area of the barn. Undertake the remedial work as recommended by the drainage firm. b) Obtain a Healthy Homes assessment and carry out the work required for the premises to be Healthy Homes compliant.
The landlord employed a drainage firm and drainage work was undertaken. Unfortunately, that did not address the flooding issue. The drainage work was carried out prior to 20 June 2024.
On around 7 September 2024 the premises flooded, and the tenant advised the landlord. When the landlord visited the premises, he saw that the issue was the water running off the driveway that was causing the flooding.
While the flooding issue was not fixed the landlord did take steps within the timeframe to fix the problem.
In relation to the Healthy Homes assessment, the landlord did not obtain the assessment until after 20 June 2024. It therefore did not comply with the work order in relation to Healthy Homes assessment or compliance. At the hearing the landlord advised that a copy of the assessment would be provided by email, but it did not arrive by the end of the hearing.
The tenant said that the person carrying out the Healthy Homes assessment did not enter the premises. As I have not seen the assessment, I am not able to determine whether it is an accurate or valid assessment. I do note that an assessor would need to enter the premises to carry out a Healthy Homes assessment.
The tenant obtained a Healthy Homes assessment at her cost, which I have reimbursed to her. That assessment determined that the premises was noncompliant in relation to draught stopping. In all other respects the premises were compliant in relation to the Healthy Homes standards. Work order
The tenant claims that the landlord did not fix the flooding issue or address the Healthy Homes standard compliance. The tenant wants the problem fixed.
Under section 45(1)(a) - (ca) Residential Tenancies Act 1986, the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements.
Where the Tribunal finds the landlord has failed to comply with any of these obligations, it may make an order for the landlord to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.
If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order. This provision does not apply to any work order, or part of a work order, in relation to smoke alarms, insulation, a failure to comply with a standard of fitness under section 120C Health Act 1956, or a failure to comply with any health or safety legislative requirement. See sections 78(2) and 78(2AA) Residential Tenancies Act 1986.
A work order may also authorise the tenant to undertake the work and charge the landlord the costs of doing the work, if the landlord should fail to comply with the work order and alternative monetary order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be set off by the tenant against rent payable. See sections 78(2AAB) and 78(2AAC)(b) Residential Tenancies Act 1986.

Has the landlord failed to comply with their obligations?

As stated above, the flooding issue has not been solved. The landlord thinks that the problem is the water running off the driveway and a drain along the width of the driveway will fix the problem. To date the landlord has not fixed the problem and the tenant has experienced flooding on several occasions since the last hearing.
While the landlord has obtained a Healthy Homes assessment (not seen by me) the assessor did not enter the premises and therefore the accuracy and validity of the assessment is in doubt. Instead, the tenant has obtained an assessment which shows that the premises does not comply in relation to draughts. The landlord must fix the problem related to the draughts as set out in the assessment.
The landlord must complete this work by 31 October 2024. As an alternative to carrying out the work the landlord must pay the tenant $2,500.00. If the landlord fails to complete the work by 31 October 2024, then the landlord must pay the tenant $5,000.00. Compensation
The landlord failed to comply with the earlier work order in relation to the Healthy Homes assessment.
I accept that the landlord did carry out drainage work as provided in the work order, but that work did not fix the problem. I note that the Healthy Homes assessment obtained by the tenant records that the drainage is compliant.
Given the landlord’s failure to obtain a Healthy Homes assessment within the timeframe given I am awarding the tenant compensation of $1,500.00.
While this was an important issue, the main issue in the earlier hearing was the drainage and the belief that once this was addressed then the flooding would not occur again.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason I have suppressed the tenant’s name.

Tenancy Tribunal case 4935635 — Tenancy dispute at 454B Taupaki Road, Kumeu, RD 2, Kumeu 0892

At a glance

Tenancy Tribunal case 4935635 — Tenancy dispute at 454B Taupaki Road, Kumeu, RD 2, Kumeu 0892

At a glance

Award balance

Claims & awards

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions