What was Tenancy Tribunal case 4972593 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 4972593?

Property Damage: $5,500.00 awarded to tenant; Property Damage: $400.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 4972593?

The primary dispute was State of repair. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4972593?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12134326-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4972593 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 4972593?

Property Damage: $5,500.00 awarded to tenant; Property Damage: $400.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 4972593?

The primary dispute was State of repair. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4972593?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12134326-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4972593 — State of repair

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Reasons

Claims and awards in Tenancy Tribunal application 4972593 — net $5,927.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages: breach ss13A(1A)&13A(1CA	$400.00	breach ss13A(1A)&13A(1CA
Exemplary damages: breach s45(1)(b)&45(1)(bb	$5,500.00	breach s45(1)(b)&45(1)(bb
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,927.00
Total payable by Landlord to Tenant	$5,927.00

The applicant is the Chief Executive, of the Ministry of Business, Innovation, and Employment (MBIE) and has brought proceedings pursuant to section 124A(1)(a) of the Residential Tenancies Act 1986 (the Act) in place of the tenant who resided at the subject premise between 8 May 2021 and 15 March 2024.

The Tribunal must consider applications filed by the Chief Executive on behalf of tenants.

At the first case conference of the matter the parties agreed to have the claims referred to mediation. Mediation occurred and was successful with the parties agreeing to orders and a summary of facts.

This order therefore records their agreement and makes the orders as sought. Background

The tenant occupied a dwelling located at the back of the property located at [tenancy address suppressed] (the premise). The premise is listed on the tenancy agreement as [tenancy address suppressed].

The respondent is the owner and landlord 1 of the property, [The landlord/s]. [The landlord/s] is also the tenant’s brother-in-law. The tenant is neuro diverse and has health complications.

On 16 August 2023 the Tenancy Compliance and Investigations Team (TCIT) received a complaint from [The complainant] of [redacted], a social assistance provider. The complaint was made because the tenant has serious health issues that appeared to be being exacerbated by the state of disrepair of the property.

The complainant notified there were a number of issues with the property, including: a.Lack of insulation, b.Holes going through to the exterior of the property, c.Only one working power point, d.The ceiling was mouldy and needed to be regularly cleaned by the tenant's carers, and e.There was no form of heating. 1 As defined n section 2 of the Act

The complainant also advised: a.The tenancy arrangement was intended to be temporary while a permanent fit-for-purpose cabin was built. b.The tenant was born with cerebral palsy and has many health issues which mean she is often bed ridden, and c.The tenant had asked the respondent on multiple occasions to fix things and when the cabin would be ready, but little action had been taken to remedy the state of the property.

On 25 August 2023, the complainant sent TCIT photographs of the premise. On 1 September 2023 TCIT conducted a site visit to the premise.

TCIT evidence of their site visit noted the following: a.There was visible mould throughout the house. b.There was a large gaping hole in the back room which exposed the back of the exterior cladding. c.There was no insulation. d.There were two holes in the ceiling of the back room, the larger hole had more damage to it. e.There was paint peeling above the tenant's bed, located in one half of the lounge. There was also visible mould on the patch of ceiling where the paint was peeling. f.A hole was located on the other side of the lounge. The hole had visible water damage and mould growth. g.There were electrical cables observed to sit slightly above the ground outside, underneath the house. The cables were exposed to environmental elements which were considered a potential health and safety risk to the tenant. h.A multicable was connected to an external cable that led through the bathroom window and supplied power to the stove top cooking in the kitchen. The bathroom window was permanently open because of the cable. i.Weatherboards around the dwelling were seen to have chipping paint and were deteriorating. j.Multiple windows around the dwelling were damaged and many of the window frames were rotten. k.An external wall had a large hole which was deteriorating. l.The bathroom and kitchen windows had gaps between the internal side of the window and the opening side of the window creating drafts. m.The roof showed signs of damage or deterioration to the exterior of it. n.The guttering was not maintained and there was visible vegetation on the guttering.

During the site visit TCIT conducted an interview with the tenant. The tenant advised: a.She paid $330 rent per week. b.She hadn’t paid a bond. c.She had a tenancy agreement. d.There were multiple maintenance issues. e.There was no insulation. f.The landlord didn't inspect the property. g.The landlord kept saying he was going to help her, but nothing happened. h.She had a heater that didn't work. i.The flooring was uneven and had flooded in the lounge due to the previous cyclone near the start of the year. j.The windows were drafty, and some didn't open. k.Not all electrical power points worked.

On 1 September 2023, the tenant forwarded a copy of a signed tenancy agreement which noted: i. [The landlord/s] was the landlord and [The tenant/s] was the tenant. ii. The address of the tenancy was [Tenancy address suppressed]. iii. Rent per week was $330.00, to be paid weekly into a bank account belonging to [The landlord/s]. iv. The tenancy commenced on 8 May 2021. v. There was to be one occupant.

One page was signed and dated by the landlord. Another page was signed and dated by the landlord and tenant. Another page included an insurance statement containing details of the house insurance. There were no statements regarding insulation or compliance with the healthy homes standards.

On 8 March 2024, the landlord was interviewed with a support person, [The support person], who is the tenant's father. During the interview the landlord advised: a. There was a tenancy between him and the tenant which stated [Tenancy address suppressed] and the physical address in which the tenant lived and that there were signatures on the tenancy agreement. b. When the tenant moved in nothing was signed, she was just there as a guest. c. He and his wife tidied up the house as best as they could. d. His house was in a similar condition to the tenant’s, they are not renovating it but it's the same standard. e. In relation to the large gaping hole located in the end room the landlord said they told the tenant to close the door and not to use the room as a living space f. He also stated it had been empty for years for a reason. It was never intended for anyone to live in it. g. He had fixed the roof a number of times and if it leaked the tenant would put a pot under the leak until he could look at it. h. Over Cyclone Gabrielle the power shut off and the tenant went to her mother's house for a night or two. There may have been a time when the tenant was without power for another week. i. The tenant ran a dryer every day with the windows shut which contributed to the mould and moisture in the property. j. The property did not have underfloor insulation. k. He didn't consider the property to be a rental property. l. As far as he knew all of the plugs in the house worked. He had sent an electrician there two or three times since the tenant had been living there. m. The power for the premise in came from the main house that the landlord resided in. n. The chipping paint and weatherboard deterioration on the outside of the house was like that when the tenant moved into the house. o. The windows next to the bedroom couldn't be opened, but the kitchen and bathroom windows could be. The windows facing the lake and front door could also be opened. p. He had tried to fix the windows by trying seal them to stop the draughts but was not a handyman. q. The tenant had cut a hole in the door for her cat to enter. r. He knew he shouldn't have anybody living in the property and never intended to have someone living there. s. He knew the guttering was not suitable as it didn't catch all the rainwater. t. He knew the property was not ideal for the tenant.

On the same day the tenant called TCIT and advised that her father told her he had days to get out of the house.

On 18 March 2024, the complainant informed TCIT that the tenant had moved into a new property on 15 March 2024 The law

Section 13A(1A) of the Act states that a landlord must include a signed statement in the tenancy agreement that provides the following information: a. whether or not insulation is installed in any ceilings, walls and floors, and b. details of the location, type and condition of all insulation installed.

Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $750.00. 2

The respondent accepts that he has breached section 13A(1A) of the Act in relation to this tenancy.

Section 13A(1CA) of the Act states that a landlord must include in the tenancy agreement a statement, made and signed by the landlord that, on and after the commencement of the tenancy, the landlord will comply with the healthy homes standards and including the required standards information.

Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $750.00. 3

The respondent accepts that he has breached section 13A(1CA) of the Act in relation to this tenancy.

Section 45(1)(b) of the Act requires a landlord to provide and maintain the premises in a reasonable state of repair. Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. 4

The respondent accepts he has breached section 45(1)(b) of the Act in relation to this tenancy.

Section 45(1)(bb) of the Act requires a Landlord to comply with part 2 of the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 in 2 See section 13(1F)(a) and Schedule 1A RTA. 3 See section 13(1F)(a) and Schedule 1A RTA. 4 See section 45(1A) and Schedule 1A the Act. relation to insulation. Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. 5

The respondent accepts he has breached section 45(1)(bb)of the Act in relation to this tenancy.

The respondent agrees to pay exemplary damages for the above agreed unlawful acts. Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages if it is satisfied that 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. 6

On the evidence available to me, I am satisfied that these unlawful acts were committed intentionally, and it is just to make the orders as sought. I note that the parties signed the standard form tenancy agreement that is available through Tenancy Services and contains clear information regarding both parties’ respective rights and obligations.

Accordingly, as agreed I make the following orders: a.An order for $400 exemplary damages for committing unlawful acts under section 13A(1F)(a) of the Act in respect of breaches of section 13A(1A) and 13A(1CA) of the Act; b.An order for $5,500 exemplary damages for committing unlawful acts under section 45(1A) of the Act in respect of breaches of section 45(1)(b) and 45(1)(bb) of the Act.

Because The Chief Executive, Ministry of Business, Innovation, and Employment in place of Tenant(s) has wholly succeeded with the claim I must also reimburse the filing fee. Suppression

Where the Chief Executive brings a claim on behalf a tenant under s 124A RTA, the Tribunal is required to order that the name and identifying details of the tenant not be published. 7 Accordingly the tenants’ identifying details are not to be published.

Pursuant to section 95A of the Act, given the respondent has agreed to the orders and fully engaged with the process, including mediation, I do not consider it just that his identifying details be published either. 5 See section 45(1A) and Schedule 1A the Act. 6 See section 109(3) the Act. 7 s 95A(2) the Act

This has been a learning process for the respondent and his family, and on the evidence I have available to me, I am satisfied that it is not likely that such a situation will occur again. Further, as the respondent is related to the tenant, any publication of his details may well lead to her identification which would be in breach of suppression orders related to her.

Reasons

Claims and awards in Tenancy Tribunal application 4972593 — net $5,927.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages: breach ss13A(1A)&13A(1CA	$400.00	breach ss13A(1A)&13A(1CA
Exemplary damages: breach s45(1)(b)&45(1)(bb	$5,500.00	breach s45(1)(b)&45(1)(bb
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,927.00
Total payable by Landlord to Tenant	$5,927.00