What was Tenancy Tribunal case 4961833 about?

The tribunal order states: The landlord must carry out the following work to the premises, which must be

How much money was awarded in case 4961833?

Property Damage: $2,400.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 4961833?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4961833?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10802814-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4961833 about?

The tribunal order states: The landlord must carry out the following work to the premises, which must be

How much money was awarded in case 4961833?

Property Damage: $2,400.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 4961833?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4961833?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10802814-Tribunal_Order_Redacted.pdf.

165 South Featherston Road, South Featherston, RD 1, Tenancy Tribunal Case 4961833 — Exemplary damages

Claims and awards in Tenancy Tribunal application 4961833 — net $2,427.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages	$2,400.00	Exemplary damages
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,427.00
Total payable by Landlord to Tenant	$2,427.00

Claims and awards in Tenancy Tribunal application 4961833 — net $2,427.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages	$2,400.00	Exemplary damages
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,427.00
Total payable by Landlord to Tenant	$2,427.00

Order

The landlord must carry out the following work to the premises, which must be completed by 9 th October 2024: a. Replace the kitchen drawers and bench damaged by a water leak. b. Repair the two holes in the kitchen, one under the sink and the other above the kitchen bench.
As an alternative to compliance with Order 2, the landlord must pay the tenant $5,000.00 immediately.
If the landlord fails to comply with either Order 2 or 3 above, then the tenant may undertake the work and charge the landlord the costs of this work up to $10,000.00 These costs may be set off against rent payable.
The tenancy agreement is to be drawn up, signed by both parties and a copy given to the tenant once the requirement to limit vehicles on the property and removing the bus are deleted.
Burt Family Properties Limited Francis W Burt must pay [The tenant/s] $2,427.00 immediately being exemplary damages and the filing fee, as calculated and set out below: DescriptionTenant Exemplary damages $2,400.00 Filing fee reimbursement $27.00 Total award $2,427.00 Total payable by Landlord to Tenant $2,427.00

Reasons

Both parties attended the hearing. Mr Haywood the tenant and Ms Stacey Goodall from Rent Ready Property Management, for the landlord. Background:
The tenant had rented the property since 1 May 2011. Initially the property was managed by the owners of the property, Burt Family Properties Limited (BFPL).
Francis Burt is a neighbour of the tenant and the co-director of the BFPL.
The relationship with Mr Burt and Mr Haywood was cordial for about 7 or 8 years. Mr Haywood is a mechanic by trade and worked on Mr Burt’s tractors at the property, for a number of years. Mr Haywood would pay his rent directly to Mr Burt. There was no formal tenancy agreement between the parties.
During these years there were no restrictions in place regarding the number of vehicles at the property. Mr Burt’s tractors would be at the property when being fixed, along with Mr Haywood’s vehicles.
The working relationship deteriorated several years ago, and problems arose regarding the tenancy.
Over the last few years, the management of the tenancy was handed over to an accountant’s firm, and one of the accountants in that firm is a co-director of the Burt Family Properties Limited.
In August 2024, the management of the tenancy was transferred to Rent Ready Property Management Limited. Ms Goodall is the property manager, and she has ensured that the tenancy and management, comply with obligations under the Residential Tenancies Act 1986 (RTA).
Mr Harwood and Mr Burt filed applications in the Tribunal earlier this year. Mr Burt seeking to terminate the tenancy and Mr Haywood seeking an order for maintenance to be carried out on the property.
Adjudicator Woodhouse heard the claim and issued an Order dated 19 July 2024 under application numbers 4921223 & 4853400. This order declared that the landlord was Burt Family Properties Limited (BFPL), and that the termination notice served on the tenant was invalid.
Adjudicator Woodhouse ordered that BFPL provide the tenant with a written tenancy agreement within 10 working days. All other claims were dismissed.
The Tenants application before the Tribunal today relates to a 14-day notice served on the landlord in February 2024. The tenant sought repairs to a damaged kitchen bench and drawers, and repair holes under and on top of the kitchen bench that are allowing rats to enter the property.
Since serving the 14 days’ notice and filing the application to the Tribunal, the services of Rent Ready was obtained. To date the repairs have not been carried out. However, Rent Ready have been working with tradespeople to carry out the work. Recently the owners have approved the work to be carried out.
Mr Haywood is aggrieved that it has taken a Tenancy Tribunal application and a new property manager to get the work started and seeks a work order to ensure that the work is done. Rights and Obligations under the RTA
Given the recent history of these claims it may be appropriate to set out the terms, rights and obligations of a tenant and landlord under the RTA.
This is a tenancy. A tenancy in relation to any residential property means the right to occupy the premises in consideration of rent. Mr Haywood is a tenant; he pays rent, and he is entitled to occupy this property as if it were his own.
A tenancy agreement means any express or implied agreement under which any person, for rent, grants or agrees to grant to another person a tenancy of the premises.
Adjudicator Woodhouse has directed that a tenancy agreement be provided to the tenant. This is a work in progress as the tenant opposes some of the conditions imposed on him, under the tenancy agreement, by the owner Mr Burt. The primary objection from the tenant to the draft tenancy agreement is the requirement to only have two registered and warranted cars on the property. The owner also seeks that there be no buses, boats or trucks are to be kept on the property.
Regarding this a landlord cannot state that only registered and warranted vehicle be on the property. Furthermore, this is a large rural property with a long concrete driveway. Since 2011 the tenant has owned and housed a number of vehicles, without complaint. The tenant is working on a bus, which is intended to be a mobile home in the future. The landlord seeks that this bus be removed.
The vehicles and bus are all parked on concrete up the driveway, carport, and garage. The vehicles are well kept and not visible from the road.
The tenant advises that he will be selling 2 out of the 4 vehicles he is storing at the property. I cannot see that need for the landlord is seek the condition that there are only 2 vehicles permitted at the property.
Conditions attached to a tenancy must have some relevance. In a case where the landlord is seeking restrictions on the number of vehicles, it would have to be for some valid reason. The landlord expressed the view that the vehicles were eyesores, and that there may be an issue with emergence services access and finally potential damage to the concrete.
The vehicles cannot be seen anywhere from the road, and they are parked in their specified places and do not hinder emergency services access to the area or the property. This is not a shared driveway as only the tenant uses it.
The property manager has offered a practical solution to the concern regarding potential damage to the concrete, and that is that during every 3 monthly inspection she will require the tenant to move his vehicles to allow her to take photos of the concrete to ensure there is no damage to it.
The requirement to limit vehicles and remove the bus in these circumstances are onerous and need to be deleted from the tenancy agreement. Once these restrictions are removed, the tenant and landlord must sign the tenancy agreement.
A tenancy agreement must be in writing, signed before the commencement of the tenancy. The contents required in a tenancy agreement is set out in s13A RTA.
A landlord who fails to ensure a tenancy agreement is prepared, given to the tenant and contains all the specified information, commits an unlawful act under the RTA, and may be required to pay exemplary damages to the tenant.
However, despite this no tenancy agreement shall be unenforceable on the grounds that it is not in writing. (see s 13c RTA) Landlord responsibilities:
A landlord shall provide the premises in a reasonable state of cleanliness, maintain the property, comply with Healthy Homes Standards, building, health, and safety under any enactment so far as they apply to the premises. (See s45 RTA)
Failure to comply with the requirements under s45 RTA is declared to be an unlawful act and an award of exemplary damages maybe given to the tenant.
The tenant has served the landlord 14-day notice in February 2024 to fix up the kitchen cupboards and bench after a water leak ruined them. Work order:
The tenant claims that the landlord did not fix the kitchen drawers, bench, and the holes in the wall. 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?

The landlord has taken steps to resolve the issues between himself and the tenant by handing the management of the property to a professional property management company. Being a landlord is a business not a personal relationship with a tenant.
To that end the property manager has obtained a Health Homes Assessment on the property, has sought authorisation to get tradespeople in to assess and quote for work to be carried out, is undertaking a full property inspection report, rental appraisal, sorting out a bond to be paid and lodging it with the bond centre.
The Healthy Homes Assessment identified the need to fix draught stopping, clear guttering and install extractor fans in kitchen and bathroom.
I find the landlord has failed to comply with their obligations to remedy the 14- day notice and to maintain the property.
The landlord is to carry out the work in the kitchen and on the holes, as set out in paragraph two of the Order. Failure to comply with the work order by 9 th October 2024 will set in action the alternative options as set out on paragraph 3 and 4 of the Order. Failure to maintain and Exemplary damages:
[The tenant/s] 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, comply with all requirements in respect of smoke alarms and insulation set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016, comply with any relevant enactment in relation to buildings, health, and safety.
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.
The landlord has failed to repair the kitchen cupboards and bench despite the tenant serving him with a 14 day notice to remedy in February 2024. I find they have committed an unlawful act.
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.
The landlord has not engaged with the tenant to repair the cupboards and holes. Rats are entering the house through the holes under and on top of the kitchen bench and cupboards. Neither of the kitchen drawers can close and remain swollen and distorted because of the water leak that was fixed in January 2024.
The kitchen is a small area with one bench and cupboards. The tenant has not been able to use these drawers. I find that the landlord has intentionally committed an unlawful act and should pay exemplary damages of $2400.00 to the tenant.
It appears to me after reviewing the evidence provided and hearing from the parties that the landlord’s actions are retaliatory because of the professional falling out between the parties.
I am pleased that the landlord has handed the management of the property to a professional management company.
The tenant has made an application for suppression of his name and identifying details. As the tenant has been successful with his claim, I am granting suppression.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4961833 — Exemplary damages at 165 South Featherston Road, South Featherston, RD 1,

At a glance

Tenancy Tribunal case 4961833 — Exemplary damages at 165 South Featherston Road, South Featherston, RD 1,

At a glance

Award balance

Claims & awards

Order

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

Order

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions