What was the outcome of Tenancy Tribunal case 4945209?

The tribunal order states: Bo Liu and Peipei Wu to pay Barfoot & Thompson Limited $2,015.63 from the

How much money was awarded in case 4945209?

Compensation: Failure To Maintain: $1,000.00 awarded to tenant; Rent Arrears: $2,940.00 awarded to landlord; Water Rates: $75.63 awarded to landlord

What type of tenancy dispute was case 4945209?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4945209?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10914912-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4945209?

The tribunal order states: Bo Liu and Peipei Wu to pay Barfoot & Thompson Limited $2,015.63 from the

How much money was awarded in case 4945209?

Compensation: Failure To Maintain: $1,000.00 awarded to tenant; Rent Arrears: $2,940.00 awarded to landlord; Water Rates: $75.63 awarded to landlord

What type of tenancy dispute was case 4945209?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4945209?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10914912-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 11, 50 Livingstone Street, Westmere, Tenancy Tribunal Case 4945209 — Rent arrears

Claims and awards in Tenancy Tribunal application 4945209 — net $2,015.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$2,940.00		Rent arrears
Water rates	$75.63		Water rates
Compensation: Failure to maintain		$1,000.00	Failure to maintain
Total award	$3,015.63	$1,000.00
Net award	$2,015.63
Bond	$2,780.00
Total payable by Tenant to Landlord	$2,015.63

Order

Bo Liu and Peipei Wu to pay Barfoot & Thompson Limited $2,015.63 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,780.00 (3348047-018) immediately apportioned as follows: Barfoot & Thompson Limited: $2,015.63 Bo Liu and Peipei Wu: $764.37

Reasons

Both parties attended the hearing. The tenants were assisted by the court appointed Mandarin interpreter.
The landlord has applied for rent and water arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenants have filed an application claiming compensation and reimbursement of the filing fee.

How much is owed for rent and water rates?

The tenancy ended on 7 June 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The landlord claims for rent arrears from 11 May 2024 to when the new tenants moved in on 7 June 2024.
The fixed term expired on 4 July 2024.
The rent arrears are $2940.00. The tenants do not agree with the claim for rent arrears. They say that from the beginning of April they claimed the issues with the shower box had not been sorted. They then advised the property manager that they wanted to move out of the property.
Since the tenants moved out on 8 May 2024 the property manager had asked them to return all keys to the property. The tenants say that based on them returning the keys they lost their legal right to use the property. They also say that the landlord did not remind them that the garage keys had not been returned.
The tenants also said that they took advice from someone at the library who advised them that they could break the fixed term lease, which of course they cannot.
They were trying to negotiate with the landlord to resolve this matter which was ultimately unsuccessful. During the hearing the landlord handed up a copy of the payment history with the arrears handwritten at the top of the document. The landlord further confirmed that the handwritten amounts were an accurate reflection of the arrears sought today.
The landlord is claiming water arrears of $75.63 based on their water ledger dated 10 June 2024. The claim is for water usage for the period 23 April 2024 to 10 May 2024. The landlord says that the amount charged is based on the readings from the water metre.
The tenants confirmed during the hearing that they now agree with this claim given that the landlord has advised the charge is only for water used up to 10 May 2024.
The claims for rent and water are proven.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord claims that the tenants did not leave the premises reasonably clean.
The landlord did not provide photographs with their application however they did hand up photographs during the hearing which, according to the landlord, were taken on 15 May 2024.
The tenants do not agree with this claim.
The landlord was also unable to provide entry photographs confirming the state of the premises at the time the tenants moved in. In my view the landlord needed to have provided evidence confirming the state of the premises at the start of the tenancy. Ordinarily this is done by way of entry inspection photographs.
The claim for cleaning is dismissed. Tenant application:
Bo Liu and Peipei Wu claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must: • 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. Shower repair:
The tenants say that their decision to move out in May 2024 was related to the shower which had not been repaired properly. There was mould at the top of the shower box which concerned them. They say that this was causing their children to be sick.
The tenants say that they became tired contacting the property manager all the time. They say that most of their communications were by telephone. They say that they do not have records of having contacted the landlord this year regarding the outstanding issues, except for an email dated 17 July 2023 where they accepted the landlord’s rent increase and reminding them of various maintenance issues which still required attention.
The landlord says that they were only made aware of ongoing issues by email on 12 April 2024 when the property manager received an email from the tenants advising of mould on the ceiling and an issue with the cooktop.
The tenants are claiming compensation in respect of failing to maintain the property. They say that they raised the issue of the shower previously with the landlord. The tenants took photographs with their phone on 26 April 2024.
They say that as a result of the shower box repairs water leaked through the floor. They say they first noticed the leaks on about 15 March 2023 when they came home to water which had leaked all over the floor. They say that the installer acknowledged that he had made a mistake when installing the new shower box.
The landlord stated that as result of the issues with the original install everything had to be removed and reinstalled with new GIB. The tenants say that even after everything was reinstalled in March 2023 they still experienced leaking on the ceiling.
On 30 April 2023 the tenants contacted the landlord about a possible leak. A routine inspection was undertaken in November 2023 and March 2024 but the unfinished shower wall was not picked up by the property manager.
During the hearing I showed the parties the photos of the shower. The parties all agreed that the photos of the shower with the exposed green GIB were taken last year.
On 30 April 2023 there was a work order for a painter and plasterer to finish the shower. The request was never followed through with. The landlord was only aware that this was still an issue on 12 April 2024. The landlord was disappointed to hear that this had not been sorted and attempted to address the issue straight away. They were then advised by the tenants that they had made the decision to move out. Trees:
The tenants claim that the landlord failed to trim the trees. They say that the backyard trees were overgrown and blocked some of their sun. They also say that they trees were growing over the neighbour’s fence.
The landlord says that the trees were trimmed in 2022 however after the Auckland floods they struggled to get trades people on board to do further trimming. The landlord accepted that the trees were overgrown. On 17 August 2023 the landlord sent a work order for the trees to be trimmed. Stove top:
The tenants say that the stove top had a crack on the glass top. There was an agreement to replace the cook top. After the cook top was replaced the tenants say that there was an issue with the switch where smoke was coming from the switch. The tenants discovered this in 2023.
The cooktop was replaced with a new one in July 2023. The landlord confirmed that there was an issue with one of switches with the new cooktop. The landlord sent an urgent work order on 24 August 2023.
On 5 September 2023 the tradesman who installed the cooktop confirmed that the switch had been turned anticlockwise. They say that the issue this year was an ongoing issue with the switch although they did not notify the landlord this year of this ongoing issue. The landlord says that they were completely unaware of any ongoing issues with the cooktop this year.
The tenants claim compensation of $31,612.50. The tenants say that the amount does not reflect the claims they are making.
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.
I am satisfied that the landlord has failed to maintain the premises in respect of the shower issues. While I find that the failure to maintain was not intentional it is still my view that the tenant’s email of 17 July 2023 should have put the landlord on notice that the shower repair had not been finalised. The routine inspections in November 2023 and March 2024 should have also triggered the need for further investigation.
Based on the evidence heard during the hearing along with the documents filed in support I am satisfied that a modest award of compensation is appropriate. I do not make any award for exemplary damages as it is my view that the failure to maintain was not intentional.
The claim in respect of the failure to maintain the shower is proven.
It is also my view that the landlord took all reasonable steps to resolve the issues in respect of the trees and the stove top. I make no award in respect of those two matters.
Because both parties have had a degree of success with their applications I make no order regarding reimbursement of the filing fee.
The landlord provided helpful and well organised material in support during the hearing to which I am grateful.

Claims and awards in Tenancy Tribunal application 4945209 — net $2,015.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$2,940.00		Rent arrears
Water rates	$75.63		Water rates
Compensation: Failure to maintain		$1,000.00	Failure to maintain
Total award	$3,015.63	$1,000.00
Net award	$2,015.63
Bond	$2,780.00
Total payable by Tenant to Landlord	$2,015.63

Order

Bo Liu and Peipei Wu to pay Barfoot & Thompson Limited $2,015.63 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,780.00 (3348047-018) immediately apportioned as follows: Barfoot & Thompson Limited: $2,015.63 Bo Liu and Peipei Wu: $764.37

Reasons

Both parties attended the hearing. The tenants were assisted by the court appointed Mandarin interpreter.
The landlord has applied for rent and water arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenants have filed an application claiming compensation and reimbursement of the filing fee.

How much is owed for rent and water rates?

The tenancy ended on 7 June 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The landlord claims for rent arrears from 11 May 2024 to when the new tenants moved in on 7 June 2024.
The fixed term expired on 4 July 2024.
The rent arrears are $2940.00. The tenants do not agree with the claim for rent arrears. They say that from the beginning of April they claimed the issues with the shower box had not been sorted. They then advised the property manager that they wanted to move out of the property.
Since the tenants moved out on 8 May 2024 the property manager had asked them to return all keys to the property. The tenants say that based on them returning the keys they lost their legal right to use the property. They also say that the landlord did not remind them that the garage keys had not been returned.
The tenants also said that they took advice from someone at the library who advised them that they could break the fixed term lease, which of course they cannot.
They were trying to negotiate with the landlord to resolve this matter which was ultimately unsuccessful. During the hearing the landlord handed up a copy of the payment history with the arrears handwritten at the top of the document. The landlord further confirmed that the handwritten amounts were an accurate reflection of the arrears sought today.
The landlord is claiming water arrears of $75.63 based on their water ledger dated 10 June 2024. The claim is for water usage for the period 23 April 2024 to 10 May 2024. The landlord says that the amount charged is based on the readings from the water metre.
The tenants confirmed during the hearing that they now agree with this claim given that the landlord has advised the charge is only for water used up to 10 May 2024.
The claims for rent and water are proven.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord claims that the tenants did not leave the premises reasonably clean.
The landlord did not provide photographs with their application however they did hand up photographs during the hearing which, according to the landlord, were taken on 15 May 2024.
The tenants do not agree with this claim.
The landlord was also unable to provide entry photographs confirming the state of the premises at the time the tenants moved in. In my view the landlord needed to have provided evidence confirming the state of the premises at the start of the tenancy. Ordinarily this is done by way of entry inspection photographs.
The claim for cleaning is dismissed. Tenant application:
Bo Liu and Peipei Wu claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must: • 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. Shower repair:
The tenants say that their decision to move out in May 2024 was related to the shower which had not been repaired properly. There was mould at the top of the shower box which concerned them. They say that this was causing their children to be sick.
The tenants say that they became tired contacting the property manager all the time. They say that most of their communications were by telephone. They say that they do not have records of having contacted the landlord this year regarding the outstanding issues, except for an email dated 17 July 2023 where they accepted the landlord’s rent increase and reminding them of various maintenance issues which still required attention.
The landlord says that they were only made aware of ongoing issues by email on 12 April 2024 when the property manager received an email from the tenants advising of mould on the ceiling and an issue with the cooktop.
The tenants are claiming compensation in respect of failing to maintain the property. They say that they raised the issue of the shower previously with the landlord. The tenants took photographs with their phone on 26 April 2024.
They say that as a result of the shower box repairs water leaked through the floor. They say they first noticed the leaks on about 15 March 2023 when they came home to water which had leaked all over the floor. They say that the installer acknowledged that he had made a mistake when installing the new shower box.
The landlord stated that as result of the issues with the original install everything had to be removed and reinstalled with new GIB. The tenants say that even after everything was reinstalled in March 2023 they still experienced leaking on the ceiling.
On 30 April 2023 the tenants contacted the landlord about a possible leak. A routine inspection was undertaken in November 2023 and March 2024 but the unfinished shower wall was not picked up by the property manager.
During the hearing I showed the parties the photos of the shower. The parties all agreed that the photos of the shower with the exposed green GIB were taken last year.
On 30 April 2023 there was a work order for a painter and plasterer to finish the shower. The request was never followed through with. The landlord was only aware that this was still an issue on 12 April 2024. The landlord was disappointed to hear that this had not been sorted and attempted to address the issue straight away. They were then advised by the tenants that they had made the decision to move out. Trees:
The tenants claim that the landlord failed to trim the trees. They say that the backyard trees were overgrown and blocked some of their sun. They also say that they trees were growing over the neighbour’s fence.
The landlord says that the trees were trimmed in 2022 however after the Auckland floods they struggled to get trades people on board to do further trimming. The landlord accepted that the trees were overgrown. On 17 August 2023 the landlord sent a work order for the trees to be trimmed. Stove top:
The tenants say that the stove top had a crack on the glass top. There was an agreement to replace the cook top. After the cook top was replaced the tenants say that there was an issue with the switch where smoke was coming from the switch. The tenants discovered this in 2023.
The cooktop was replaced with a new one in July 2023. The landlord confirmed that there was an issue with one of switches with the new cooktop. The landlord sent an urgent work order on 24 August 2023.
On 5 September 2023 the tradesman who installed the cooktop confirmed that the switch had been turned anticlockwise. They say that the issue this year was an ongoing issue with the switch although they did not notify the landlord this year of this ongoing issue. The landlord says that they were completely unaware of any ongoing issues with the cooktop this year.
The tenants claim compensation of $31,612.50. The tenants say that the amount does not reflect the claims they are making.
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.
I am satisfied that the landlord has failed to maintain the premises in respect of the shower issues. While I find that the failure to maintain was not intentional it is still my view that the tenant’s email of 17 July 2023 should have put the landlord on notice that the shower repair had not been finalised. The routine inspections in November 2023 and March 2024 should have also triggered the need for further investigation.
Based on the evidence heard during the hearing along with the documents filed in support I am satisfied that a modest award of compensation is appropriate. I do not make any award for exemplary damages as it is my view that the failure to maintain was not intentional.
The claim in respect of the failure to maintain the shower is proven.
It is also my view that the landlord took all reasonable steps to resolve the issues in respect of the trees and the stove top. I make no award in respect of those two matters.
Because both parties have had a degree of success with their applications I make no order regarding reimbursement of the filing fee.
The landlord provided helpful and well organised material in support during the hearing to which I am grateful.

Tenancy Tribunal case 4945209 — Rent arrears at Unit/Flat Flat 11, 50 Livingstone Street, Westmere,

At a glance

Tenancy Tribunal case 4945209 — Rent arrears at Unit/Flat Flat 11, 50 Livingstone Street, Westmere,

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions