What was Tenancy Tribunal case 5026608 about?

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

How much money was awarded in case 5026608?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5026608?

The primary dispute was Mould & damp. Related themes: Healthy homes, Exemplary damages.

Where can I read the official tribunal order for case 5026608?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11497786-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5026608 about?

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

How much money was awarded in case 5026608?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5026608?

The primary dispute was Mould & damp. Related themes: Healthy homes, Exemplary damages.

Where can I read the official tribunal order for case 5026608?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11497786-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5026608 — Mould & damp

Order

The Tribunal orders suppression of the Tenant name and identifying details.
Kāinga Ora–Homes And Communities must pay [The tenant/s] $27.00 immediately, being the application filing fee.
The landlord must carry out the following work to the premises, which must not commence before 17 March 2025 and must be completed by Friday 30 May 2025, in one work period of no more than three continuous weeks (“work period”): a. Install a temporary lock on main bedroom door and remove lock once work has been completed. b. Install a temporary lock on the second bedroom door for the tenant to secure her possessions there. A key is to be provided to the tenant and no-one else is to access that room during the work period without the written permission of the tenant. c. Bathroom Skirting Board on left- and right-hand side of vanity cut too short. Skirting to be replaced in front of wet wall only. d. Section of skirting board next to laundry door coming away from wall. Re- secure. e. Laundry paint on wall to be touched up. Sections have not been painted properly. f. Clean paint on Hallway Doors x3. g. Repair or replace carpet in Living room and ensure that it does not pull away from the threshold strip again. h. Replace Bedroom 1 door as it has multiple holes. Install door to match the rest of the doors. If this is not possible, patch holes only and make good. i. Stain treat and wash Bedroom 1 carpet. j.Strip mouldy wallpaper on toilet wall, clean and treat for mould, paint toilet Wall where wallpaper was stripped. k.Install gutter around the back to the porch roof. l.Fix hole in exterior cladding where the gas pipe was connected. m. Patch repair the carpet in hallway where the pile is missing. n.Wash hallway carpet to remove paint stains left by trades. o.Seal gap between Bath front and wall where false wall would have been installed. p.Seal gap between window and wet wall. q.Install watertight seal between skirting board and vinyl floor covering. r.Remove paint from bathroom hardware (Towel rail) s. Install security stays on Living room Windows at ranch slider for safety

Reasons

. Both sashes. t. Replace ceiling in Laundry and paint the ceiling, as the ceiling was damaged by a Delivery Supervisor from SOH while conducting the Healthy Homes Scope. u. Cracks down wall in Bedroom 1 to be fixed and painted. Wall 4 and wall 1. v.Ripped wallpaper on Bedroom wall 1 under window after incident to be stripped and the wall is to be painted.

The tenant is to partially decant during the work to the premises provided by the landlord.
The tenant is to vacate and not enter the premises during the work period between 7:55am and 5pm Monday to Friday, except for between 11:30am and midday when the tenant may enter the garage only, using the garage door for entry, for the purpose of storing or retrieving contents from there. Any access by the tenant other than as stipulated is to be approved by the landlord in writing prior. Permission should not be unreasonably withheld.
No tenant or guest vehicle is to be parked in the driveway during the work period.
No landlord or contractor vehicle is to block the garage door from being able to be opened by the tenant between 11:25am and 12:05pm during the work period.
The landlord is to arrange in advance a lockbox at the premises for contractor access during the work period. The tenant is responsible to ensure the premises are secured when she leaves, and the entry key is left in the lock box during the work period.
If the work is completed before the three weeks maximum the landlord is to advise the tenant in writing that the work period has ended and she may return to the premises without constraint.
The tenant claims for compensation or exemplary damages are not dealt with in this order. The tenant is to submit a second application, if so desired, after the work is deemed completed by the landlord, detailing any further claims, ensuring each claim is clearly stated as well as the related order or compensation amount sought.
The work may be varied by mutual consent of the tenant and landlord. Reasons:
Both parties attended the hearing. This was a continuation after an adjourned hearing on 5 December 2024.
The adjourning order provided:
The Repair Plan (draft) dated 26 November 2024 was reviewed and accepted as complete. This is the basis of the scope of works intended.
Essentially, both parties want to complete a number of overdue maintenance tasks. There is a disagreement regarding how the project will be managed. The landlord claims the contractors demand vacant access for the work and it proposes a decant while the work is completed. The tenant wants to remain at the premises but proposes a “blended” decant with her absent during the working day. She explained her reasons for this desire.
Both time and energy were depleted by the end of the allocated hearing time. It was appropriate to adjourn the hearing.
Both parties are encouraged to consider how they may contribute to ensuring the project completes on time and to standard. Such discussion may form part of the directions after the next hearing.
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. Equally, under section 40(1)(a)-(e), Residential Tenancies Act 1986, a tenant has specific obligations in relation to the tenancy premises.
In my view, the main cause of the impasse here is something between the tenant and the preferred contractor of the landlord. The actual cause is yet to be determined by me. The requirement for the contractor to rework is a commercial imperative for the landlord. It may mean the tenant has been unreasonably disadvantaged before, and again during the work period. The counter argument is that the work to date has been interfered with, or made difficult, by the tenant’s approach.
The work order here attempts to ensure separation of the contractors and the tenant during the work period. It provides only a partial decant, meeting the preference of the tenant. The landlord’s stated position is a full decant is required. I believe that should not be necessary given the work to be done. The stance of the contractor is acknowledged but not accepted as reasonable at this time. This order may be shared with them.
It is impossible to anticipate all issues that may arise during the work period. The parties are expected to work cooperatively to ensure a satisfactory outcome for both.
If this work order cannot be completed, it will be for either party to lodge an appropriate application with the Tribunal, seeking orders as they consider necessary to move past this impasse. Filing fee
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. I have also factored the need for her to incur a second cost if she lodges a second application. The reason for this direction, rather than adjourn this application to consider other claims later, is the need to have the tenant provide a more clearly stated set of claims and compensation sought. Further, there may be additional grounds for compensation sought due to the work period. Equally, the parties may have resolved all matters, including any compensation as agreed and no further application is intended.
If any further applications are made, the respective actions of each party from the date of this order will be of some interest and possible bearing on the success or otherwise of that application. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The tenant did not request suppression. However, she has referred to historic traumas and the impacts on her mental health from this protracted issue. I have exercised my own initiative and ordered the suppression of the tenant details. If a second tenant application is made and the tenant wants no further suppression orders that can be accommodated at that time.

Order

The Tribunal orders suppression of the Tenant name and identifying details.
Kāinga Ora–Homes And Communities must pay [The tenant/s] $27.00 immediately, being the application filing fee.
The landlord must carry out the following work to the premises, which must not commence before 17 March 2025 and must be completed by Friday 30 May 2025, in one work period of no more than three continuous weeks (“work period”): a. Install a temporary lock on main bedroom door and remove lock once work has been completed. b. Install a temporary lock on the second bedroom door for the tenant to secure her possessions there. A key is to be provided to the tenant and no-one else is to access that room during the work period without the written permission of the tenant. c. Bathroom Skirting Board on left- and right-hand side of vanity cut too short. Skirting to be replaced in front of wet wall only. d. Section of skirting board next to laundry door coming away from wall. Re- secure. e. Laundry paint on wall to be touched up. Sections have not been painted properly. f. Clean paint on Hallway Doors x3. g. Repair or replace carpet in Living room and ensure that it does not pull away from the threshold strip again. h. Replace Bedroom 1 door as it has multiple holes. Install door to match the rest of the doors. If this is not possible, patch holes only and make good. i. Stain treat and wash Bedroom 1 carpet. j.Strip mouldy wallpaper on toilet wall, clean and treat for mould, paint toilet Wall where wallpaper was stripped. k.Install gutter around the back to the porch roof. l.Fix hole in exterior cladding where the gas pipe was connected. m. Patch repair the carpet in hallway where the pile is missing. n.Wash hallway carpet to remove paint stains left by trades. o.Seal gap between Bath front and wall where false wall would have been installed. p.Seal gap between window and wet wall. q.Install watertight seal between skirting board and vinyl floor covering. r.Remove paint from bathroom hardware (Towel rail) s. Install security stays on Living room Windows at ranch slider for safety

Reasons

The tenant is to partially decant during the work to the premises provided by the landlord.
The tenant is to vacate and not enter the premises during the work period between 7:55am and 5pm Monday to Friday, except for between 11:30am and midday when the tenant may enter the garage only, using the garage door for entry, for the purpose of storing or retrieving contents from there. Any access by the tenant other than as stipulated is to be approved by the landlord in writing prior. Permission should not be unreasonably withheld.
No tenant or guest vehicle is to be parked in the driveway during the work period.
No landlord or contractor vehicle is to block the garage door from being able to be opened by the tenant between 11:25am and 12:05pm during the work period.
The landlord is to arrange in advance a lockbox at the premises for contractor access during the work period. The tenant is responsible to ensure the premises are secured when she leaves, and the entry key is left in the lock box during the work period.
If the work is completed before the three weeks maximum the landlord is to advise the tenant in writing that the work period has ended and she may return to the premises without constraint.
The tenant claims for compensation or exemplary damages are not dealt with in this order. The tenant is to submit a second application, if so desired, after the work is deemed completed by the landlord, detailing any further claims, ensuring each claim is clearly stated as well as the related order or compensation amount sought.
The work may be varied by mutual consent of the tenant and landlord. Reasons:
Both parties attended the hearing. This was a continuation after an adjourned hearing on 5 December 2024.
The adjourning order provided:
The Repair Plan (draft) dated 26 November 2024 was reviewed and accepted as complete. This is the basis of the scope of works intended.
Essentially, both parties want to complete a number of overdue maintenance tasks. There is a disagreement regarding how the project will be managed. The landlord claims the contractors demand vacant access for the work and it proposes a decant while the work is completed. The tenant wants to remain at the premises but proposes a “blended” decant with her absent during the working day. She explained her reasons for this desire.
Both time and energy were depleted by the end of the allocated hearing time. It was appropriate to adjourn the hearing.
Both parties are encouraged to consider how they may contribute to ensuring the project completes on time and to standard. Such discussion may form part of the directions after the next hearing.
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. Equally, under section 40(1)(a)-(e), Residential Tenancies Act 1986, a tenant has specific obligations in relation to the tenancy premises.
In my view, the main cause of the impasse here is something between the tenant and the preferred contractor of the landlord. The actual cause is yet to be determined by me. The requirement for the contractor to rework is a commercial imperative for the landlord. It may mean the tenant has been unreasonably disadvantaged before, and again during the work period. The counter argument is that the work to date has been interfered with, or made difficult, by the tenant’s approach.
The work order here attempts to ensure separation of the contractors and the tenant during the work period. It provides only a partial decant, meeting the preference of the tenant. The landlord’s stated position is a full decant is required. I believe that should not be necessary given the work to be done. The stance of the contractor is acknowledged but not accepted as reasonable at this time. This order may be shared with them.
It is impossible to anticipate all issues that may arise during the work period. The parties are expected to work cooperatively to ensure a satisfactory outcome for both.
If this work order cannot be completed, it will be for either party to lodge an appropriate application with the Tribunal, seeking orders as they consider necessary to move past this impasse. Filing fee
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. I have also factored the need for her to incur a second cost if she lodges a second application. The reason for this direction, rather than adjourn this application to consider other claims later, is the need to have the tenant provide a more clearly stated set of claims and compensation sought. Further, there may be additional grounds for compensation sought due to the work period. Equally, the parties may have resolved all matters, including any compensation as agreed and no further application is intended.
If any further applications are made, the respective actions of each party from the date of this order will be of some interest and possible bearing on the success or otherwise of that application. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The tenant did not request suppression. However, she has referred to historic traumas and the impacts on her mental health from this protracted issue. I have exercised my own initiative and ordered the suppression of the tenant details. If a second tenant application is made and the tenant wants no further suppression orders that can be accommodated at that time.

Tenancy Tribunal case 5026608 — Mould & damp

At a glance

Tenancy Tribunal case 5026608 — Mould & damp

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions