What was Tenancy Tribunal case 4975273 about?

The tribunal order states: Keith Habib must pay [The tenant/s] $27.00 immediately, being reimbursement

How much money was awarded in case 4975273?

Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 4975273?

The dispute type was not classified.

Where can I read the official tribunal order for case 4975273?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10936582-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4975273 about?

The tribunal order states: Keith Habib must pay [The tenant/s] $27.00 immediately, being reimbursement

How much money was awarded in case 4975273?

Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 4975273?

The dispute type was not classified.

Where can I read the official tribunal order for case 4975273?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10936582-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 2, 40 Pihanga Street, Taupo, Taupo 3330 Tenancy Tribunal Case 4975273 — Tenancy dispute

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4975273 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Total payable by Landlord to Tenant	$27.00

Keith Habib must pay [The tenant/s] $27.00 immediately, being reimbursement of the filing fee.

The landlord must carry out the following work to the premises, which must be completed by 8 November 2024. (a) Repair the leak in the lounge to a satisfactory and tradesmanlike standard.

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 $6,000.00. These costs may be set off against rent payable.

Reasons

This application was scheduled to be heard by video conference. The landlord did not link to the Teams link provided in the Notice of Hearing sent to him and so the hearing proceeded in his absence. I note that I also rang a mobile number for the landlord but that call did not go through. The landlord has not provided an alternative number.

The tenant claims that the landlord did not fix a leak in the ceiling in a timely way. I accept the evidence that the tenant advised the landlord of the leak on a number of occasions since 11 April 2024 and that on 8 July 2024 he sent him a 14 day notice to remedy the issue. The landlord has failed to either respond adequately or fix the leak.

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?

I accept the evidence that the landlord has failed to fix the leak in the ceiling in the lounge. This is a breach of s45(1)(b) of the Residential Tenancies Act 1986 which requires a landlord to provide and maintain premises in a reasonable state of repair.

As required by the Residential Tenancies Act, I am also imposing an alternative monetary order of $5,000.00 which I estimate to be a reasonable incentive to encourage the landlord to repair the leak.

I am also ordering the landlord to pay the tenant $6,000.00 by 10 November 2024 if the landlord fails to have the issue remedied by 8 November 2024, so that the tenant can arrange for the ceiling leak to be remedied.

Further to this, I am ordering the landlord to reimburse the filing fee to the tenant because the tenant was wholly successful in his claim against him. C ter Haar 10 October 2024

Order

Claims and awards in Tenancy Tribunal application 4975273 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Total payable by Landlord to Tenant	$27.00

Keith Habib must pay [The tenant/s] $27.00 immediately, being reimbursement of the filing fee.

The landlord must carry out the following work to the premises, which must be completed by 8 November 2024. (a) Repair the leak in the lounge to a satisfactory and tradesmanlike standard.

As an alternative to compliance with Order 2, the landlord must pay the tenant $5,000.00 immediately.

Reasons

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.

Has the landlord failed to comply with their obligations?

As required by the Residential Tenancies Act, I am also imposing an alternative monetary order of $5,000.00 which I estimate to be a reasonable incentive to encourage the landlord to repair the leak.

Further to this, I am ordering the landlord to reimburse the filing fee to the tenant because the tenant was wholly successful in his claim against him. C ter Haar 10 October 2024

Tenancy Tribunal case 4975273 — Tenancy dispute at Unit/Flat Flat 2, 40 Pihanga Street, Taupo, Taupo 3330

At a glance

Tenancy Tribunal case 4975273 — Tenancy dispute at Unit/Flat Flat 2, 40 Pihanga Street, Taupo, Taupo 3330

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