What was Tenancy Tribunal case 4951433 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat 3, 11 Owairaka Avenue, Mount Albert,

How much money was awarded in case 4951433?

Compensation: Heating: $500.00 awarded to tenant; Compensation: Power: $102.38 awarded to tenant; Compensation: Rent Reduction: $407.14 awarded to tenant; Rent Arrears: $6,010.00 awarded to landlord

What type of tenancy dispute was case 4951433?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4951433?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11090638-Tribunal_Order.pdf.

What was Tenancy Tribunal case 4951433 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat 3, 11 Owairaka Avenue, Mount Albert,

How much money was awarded in case 4951433?

Compensation: Heating: $500.00 awarded to tenant; Compensation: Power: $102.38 awarded to tenant; Compensation: Rent Reduction: $407.14 awarded to tenant; Rent Arrears: $6,010.00 awarded to landlord

What type of tenancy dispute was case 4951433?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4951433?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11090638-Tribunal_Order.pdf.

Unit/Flat 3, 11 Owairaka Avenue, Mount Albert, Auckland Tenancy Tribunal Case 4951433 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4951433 — net $5,000.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 18 November 2024	$6,010.00		Rent arrears to 18 November 2024
Compensation: Power		$102.38	Power
Compensation: Rent reduction		$407.14	Rent reduction
Compensation: Heating		$500.00	Heating
Total award	$6,010.00	$1,009.52
Net award	$5,000.48
Total payable by Tenant to Landlord	$5,000.48

The tenancy of [The tenant/s] at Unit/Flat 3, 11 Owairaka Avenue, Mount Albert, Auckland 1025 is terminated, and possession is granted to Property Scene 2 Limited, at 11.59pm, Sunday 1 December 2024.

[The tenant/s] must pay Property Scene 2 Limited $5,000.48 immediately, as set out in the table below.

All remaining claims are dismissed.

Reasons

Both parties attended the hearing.

The tenant applied for a work order, a claim in respect of the Healthy Homes standards, compensation, and exemplary damages.

The landlord applied for termination and rent arrears. Tenant application

The tenant referred to current issues in the premises including a leak in the bathroom, damp and mould in the kitchen cabinet and a broken back door lock.

The issues followed a full renovation of the premises between 29 February 2024 and 20 May 2024. The tenant said that the other issues outlined in her application were resolved during the renovation.

The landlord said that the current issues have not been raised by the tenant. An inspection was carried out on 11 October 2024, and nothing was mentioned by the tenant.

During the renovation the landlord reduced the tenant’s rent to $100.00 per week from 17 February to 10 May 2024. Some of the renovation was due to the flooding that occurred over the Auckland Anniversary weekend, and I am told that the carpet was removed from around 29 January 2024.

I consider that the rent reduction should have applied from the date when the carpet was removed as the tenant had all the issues of living around a flood and having no carpet. I have therefore compensated the tenant for the $150.00 she paid over the $100.00 reduction from 29 January 2024 until 16 February 2024. That amounts to $407.14.

The tenant said that her power was used during the renovation. She wanted the landlord to pay for all the power usage during that time even though the tenant remained living there.

The landlord provided a calculation of the power usage based on the power invoices provided by the tenant. I consider that the amount provided in the calculation is reasonable and I award the tenant compensation for power usage of $102.38.

The tenant complained that there was no heating at the premises. She had applied for a claim in respect of the Healthy Homes standards, but I explained that the compliance date for this tenancy is not until 2025.

However, the Housing Improvement Regulations 1947 set out the minimum standards that apply to premises, including: “6.Every living room shall be fitted with a fireplace and chimney or other approved form of heating.”

The landlord acknowledged that no heating was provided to the tenant. I consider that the tenant should be compensated in relation to the lack of heating. I consider that $500.00 is a reasonable amount of compensation. Landlord application

The landlord has applied for termination of the tenancy and rent arrears.

The rent was increased to $510.00 per week from 14 June 2024. The tenant said that she did not agree that $510.00 was the market rent for these premises. The order made by the Tribunal dated 4 September 2024 referred to this issue. That order states: “7. The tenant claims that the rent increase referred to in paragraph 2 above is excessive and seeks a market rent assessment under section 25 RTA.

A discussion was held regarding the evidential basis for a market rent assessment under s.25. A joint expert appraisal is not sought. The tenant currently does not intend to have an independent market rent appraisal completed. It is appropriate that she had the opportunity to do so after taking advice”.

At the hearing the tenant did not produce any evidence to enable the Tribunal to undertake an assessment under section 25 of the Act. The tenant’s claim in respect of the market rent is dismissed.

The landlord applied to terminate the tenancy on the basis that the rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided rent records which prove the amount owing at the end of the tenancy.

As both parties have had some success with their claims I make no order for reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 4951433 — net $5,000.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 18 November 2024	$6,010.00		Rent arrears to 18 November 2024
Compensation: Power		$102.38	Power
Compensation: Rent reduction		$407.14	Rent reduction
Compensation: Heating		$500.00	Heating
Total award	$6,010.00	$1,009.52
Net award	$5,000.48
Total payable by Tenant to Landlord	$5,000.48

Order

The tenancy of [The tenant/s] at Unit/Flat 3, 11 Owairaka Avenue, Mount Albert, Auckland 1025 is terminated, and possession is granted to Property Scene 2 Limited, at 11.59pm, Sunday 1 December 2024.
[The tenant/s] must pay Property Scene 2 Limited $5,000.48 immediately, as set out in the table below.
All remaining claims are dismissed.

Reasons

Both parties attended the hearing.
The tenant applied for a work order, a claim in respect of the Healthy Homes standards, compensation, and exemplary damages.
The landlord applied for termination and rent arrears. Tenant application
The tenant referred to current issues in the premises including a leak in the bathroom, damp and mould in the kitchen cabinet and a broken back door lock.
The issues followed a full renovation of the premises between 29 February 2024 and 20 May 2024. The tenant said that the other issues outlined in her application were resolved during the renovation.
The landlord said that the current issues have not been raised by the tenant. An inspection was carried out on 11 October 2024, and nothing was mentioned by the tenant.
During the renovation the landlord reduced the tenant’s rent to $100.00 per week from 17 February to 10 May 2024. Some of the renovation was due to the flooding that occurred over the Auckland Anniversary weekend, and I am told that the carpet was removed from around 29 January 2024.
I consider that the rent reduction should have applied from the date when the carpet was removed as the tenant had all the issues of living around a flood and having no carpet. I have therefore compensated the tenant for the $150.00 she paid over the $100.00 reduction from 29 January 2024 until 16 February 2024. That amounts to $407.14.
The tenant said that her power was used during the renovation. She wanted the landlord to pay for all the power usage during that time even though the tenant remained living there.
The landlord provided a calculation of the power usage based on the power invoices provided by the tenant. I consider that the amount provided in the calculation is reasonable and I award the tenant compensation for power usage of $102.38.
The tenant complained that there was no heating at the premises. She had applied for a claim in respect of the Healthy Homes standards, but I explained that the compliance date for this tenancy is not until 2025.
However, the Housing Improvement Regulations 1947 set out the minimum standards that apply to premises, including: “6.Every living room shall be fitted with a fireplace and chimney or other approved form of heating.”
The landlord acknowledged that no heating was provided to the tenant. I consider that the tenant should be compensated in relation to the lack of heating. I consider that $500.00 is a reasonable amount of compensation. Landlord application
The landlord has applied for termination of the tenancy and rent arrears.
The rent was increased to $510.00 per week from 14 June 2024. The tenant said that she did not agree that $510.00 was the market rent for these premises. The order made by the Tribunal dated 4 September 2024 referred to this issue. That order states: “7. The tenant claims that the rent increase referred to in paragraph 2 above is excessive and seeks a market rent assessment under section 25 RTA.
A discussion was held regarding the evidential basis for a market rent assessment under s.25. A joint expert appraisal is not sought. The tenant currently does not intend to have an independent market rent appraisal completed. It is appropriate that she had the opportunity to do so after taking advice”.
At the hearing the tenant did not produce any evidence to enable the Tribunal to undertake an assessment under section 25 of the Act. The tenant’s claim in respect of the market rent is dismissed.
The landlord applied to terminate the tenancy on the basis that the rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy.
As both parties have had some success with their claims I make no order for reimbursement of the filing fee.

Tenancy Tribunal case 4951433 — Rent arrears at Unit/Flat 3, 11 Owairaka Avenue, Mount Albert, Auckland

At a glance

Tenancy Tribunal case 4951433 — Rent arrears at Unit/Flat 3, 11 Owairaka Avenue, Mount Albert, Auckland

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