What was Tenancy Tribunal case 5019588 about?

The tribunal order states: The Tribunal orders suppression of the Tenant’s name and identifying details.

How much money was awarded in case 5019588?

Compensation: $500.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5019588?

The dispute type was not classified.

Where can I read the official tribunal order for case 5019588?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11094914-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5019588 about?

The tribunal order states: The Tribunal orders suppression of the Tenant’s name and identifying details.

How much money was awarded in case 5019588?

Compensation: $500.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5019588?

The dispute type was not classified.

Where can I read the official tribunal order for case 5019588?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11094914-Tribunal_Order_Redacted.pdf.

Unit/Flat 4, 39 Onehunga Mall, Onehunga, Auckland 1061 Tenancy Tribunal Case 5019588 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 5019588 — net $527.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation for breach of section 45 RTA at the start of tenancy	$500.00	Compensation for breach of section 45 RTA at the start of tenancy
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$527.00
Total payable by Landlord to Tenant	$527.00

Claims and awards in Tenancy Tribunal application 5019588 — net $527.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation for breach of section 45 RTA at the start of tenancy	$500.00	Compensation for breach of section 45 RTA at the start of tenancy
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$527.00
Total payable by Landlord to Tenant	$527.00

Order

The Tribunal orders suppression of the Tenant’s name and identifying details.
By consent, the fixed term tenancy agreement to 27 August 2025 is amended to end on 30 January 2025.
Abernethy & Burke Management Limited T/A Propertyscouts Urban As Agent For Rohith Yeluri & Sreehaasa Buggaveeti must pay [The tenant/s] $527.00 immediately, calculated as shown in table below:
By consent, the rent is reduced to $650.00 from 14 November 2024.
The remaining claims of the tenant are dismissed.

Reasons

Both parties attended the hearing on 14 November 2024.
The tenant seeks early release from the fixed term tenancy; the landlord consents. Both parties agree for the fixed term tenancy to be amended to end on 30 January 2025 and continuing as periodic thereafter.
The tenant also seeks exemplary damages for unlawful entry by the landlord and breach of tenant’s quiet enjoyment on 18 August 2024 and 26 September 2024, and compensation for the landlord failing to provide the premises in a tenantable condition.
I first address the tenant’s claims that the landlord has interfered with the quiet enjoyment of the tenant and his wife and his boarder when the landlord’s property manager entered the tenant’s bedrooms on separate occasions on 18 August 2024 and 26 September 2024 without permission.
The tenant says that he tolerated the property manager once for entering into the bedroom without permission on 18 August but he did it again on 26 September 2024.
Having heard from both parties, I accept the landlord’s property manager’s explanation that on 18 August, he genuinely thought that no one was home while he checked on the hot water cylinder. The tenant had left the premises for prayers at the time and the property manager had knocked on the main door before entering. He did not realise that the tenant’s wife was in the master bedroom at the time. So when the property manager went into the master bedroom he had not knocked on the bedroom door, thinking that the entire premises is vacant at the material time. Upon seeing the tenant’s wife in bed with their child, the property manager apologised and asked if he should return another time but the tenant’s wife permitted him to look at the hot water cylinder which was located at the rear of the bedroom wardrobe.
On 26 September 2024, the tenant himself had allowed the property manager into the premises to fix the bedroom door lock and when he went to the bedroom concerned, he was surprised to find the tenant’s boarder inside the room. The tenant had not informed the landlord about the boarder being there although the tenancy agreement permits the tenant to take on boarders. On noticing the boarder inside the room, the property manager closed the door, and the tenant later knocked on the bedroom door and asked his boarder if the property manager may repair the door to which the boarder permitted.
I am satisfied that on both occasions, the property manager had not intentionally breached the tenant’s wife and boarder’s quiet enjoyment nor has he entered the premises, including the bedrooms, unlawfully. The property manager had inadvertently intruded into the tenant’s bedrooms thinking that no one was inside at the material times.
For those reasons, I decline the tenant’s claim for exemplary damages for breach of quiet enjoyment and unlawful entry.
The tenant’s claim for compensation for the landlord failing to provide the premises in a tenantable condition is successful.
[The tenant/s]nder section 45 of the Residential Tenancies Act 1986, a landlord must provide the premises in a reasonable state of repair and comply with any relevant enactment in relation to buildings, health and safety.
The tenant says that he has been trying to communicate with the property manager about the repairs to the house from the beginning of the tenancy but the property manager delayed carrying out the necessary repairs.
The landlord accepts that several items in the premises were still being repaired at the start of the tenancy because of the tenant’s early commencement of the tenancy (at the tenant’s request).
However, I consider that the necessary repairs to do with the hot water cylinder, dishwasher, rangehood, doors, toilet, windows, and door handles ought to have been completed prior to the commencement of the tenancy. Rent is expected and has been duly paid by the tenant from 17 August 2024 and accordingly, the premises should be in a tenantable condition from that date onwards.
Considering the nature of the items being repaired and the time that the landlord has undertaken the repairs after the start of the tenancy, I award general damages to the tenant in the sum of $500.00.
Finally, the landlord agrees to reduce the rent from $675 to $650 effective immediately.
Because [The applicant/s] has partly succeeded with the claim I have reimbursed the filing fee and ordered suppression of the tenant’s name.

Tenancy Tribunal case 5019588 — Tenancy dispute at Unit/Flat 4, 39 Onehunga Mall, Onehunga, Auckland 1061

At a glance

Tenancy Tribunal case 5019588 — Tenancy dispute at Unit/Flat 4, 39 Onehunga Mall, Onehunga, Auckland 1061

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions