What was Tenancy Tribunal case 5046649 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal orders

How much money was awarded in case 5046649?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5046649?

The primary dispute was Mould & damp. Related themes: State of repair, Cleanliness, Healthy homes, Exemplary damages, Leaks.

Where can I read the official tribunal order for case 5046649?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11570122-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5046649 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal orders

How much money was awarded in case 5046649?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5046649?

The primary dispute was Mould & damp. Related themes: State of repair, Cleanliness, Healthy homes, Exemplary damages, Leaks.

Where can I read the official tribunal order for case 5046649?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11570122-Tribunal_Order_Redacted.pdf.

35B Southsea Crescent, Silverdale, Hamilton 3216 Tenancy Tribunal Case 5046649 — Mould & damp

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
Ray White (Real Estate) Limited As Agent For Carol Harries must pay [The tenant/s] $0.00 immediately.

Reasons

Both parties attended the hearing. Ms Gillies and Ms McCann appeared on behalf of the landlord.
The tenancy began on 4 December 2023 and ended on 9 December 2024 after the tenants gave notice.
The tenant had concerns with the level of condensation in the main bedroom and resulting mould growth. They alerted the landlord to this in August 2023, but this was not acknowledged or addressed until September that year.
The tenant was concerned about the delays and resulting effect on her health organising a building report to establish a cause and any compliance issues.
The claims made under Healthy Homes standards were withdrawn as the tenant felt that they had been addressed. Was there a breach of the landlords’ obligations?
[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. This is balanced with the tenant’s responsibility to inform the landlord notify the landlord as soon as possible of the need for maintenance and repairs. See section 40(1)(d) RTA.
The tenant said that they had verbally raised concerns about the amount of condensation in the main bedroom. Neither party disputed this, providing photographs from inspections showing streaming windows. The tenants said that they constantly wiped the windows, but it was always a problem.
The landlords agreed and said that they had advised the tenant how to reduce the condensation by cleaning and ventilation. The premises had a DVS vent in the end of the premises where the bedrooms were.
The tenant discovered mould growth in the bedroom and tried to clean it, but it returned. They notified the landlord in writing on 16 August 2024 via the Tapi app saying that it was urgent .
The tenant asked for an update on 19 September 2023 because she was pregnant and had concerns for her health.
The landlord agreed that the initial notification in August had been missed. On 20 September 2023 they organised for the room to be professionally cleaned which occurred on 23 September.
The DVS filter had been replaced on 17 August and the tenant noted some improvement.
The tenant was concerned that the mould was returning and organised an independent building report for the main bedroom only which was conducted on 10 October 2024 by River City Inspection. The cost for the inspection has been reimbursed by the landlord.
The report was a visual inspection of the room and external windows. It found gaps between the aluminium joinery and brick work where water could enter as there was no sealant used. Immediate remedial works were advised to ensure weather tightness.
The inspection conducted internal moisture tests and recorded readings from 43% to 54.9% when the generally acceptable level is between 5%-20%.The report raised, ‘The danger area is where moisture content in timber is above 20% for prolonged periods of time, this is regardless of chemical treatment. At the time of construction in accordance with NZS3602: 2003,MC% needs to be below 18% prior to wall linings and 16% for direct for linings.’’
The report concluded that based on this and the tenants’ observations that there would be black mould in the wall cavity that is damaging the wood framing and insulation and is a high health risk for general health. An intrusive inspection which included the removal of the gib in the room was recommended.
The tenants moved out of the bedroom and in the end slept in the lounge due to the health concerns raised by this report.
The landlord organised for Viper Property Services to inspect the bedroom and remove sections of Gib board on 22 October 2024.
The report provided at the hearing dated 4 March 2024, was an updated report from the inspector Mr Buser, noted as a qualified builder, who wrote that there was wallpaper lifting and was told by the tenant that they believed the water was entering from the outside.
On 22 October, Gib board was removed by Mr Buse from the area where the moisture was the worst. He found that the cavity was dry and that there was no signs of moisture or mould on the back side of the Gib board, he concluded that , It's ‘very clear that the mould issues in the bedroom were not caused from anything externally as initially thought from the tenant and that it was more likely a ventilation issue where the room was poorly ventilated. The tenant did advise that she had pets hence the room was shut up and I think if the windows were opened on a regular basis that this issue would more than likely not arise.’
On 23 October 2023 Ms McCann email the tenant discussing the report from Viper agreeing that the windows need sealing, but that based on the builders finding the moisture issues likely came from inside the property. Further advice on ventilation, airflow and condensation was given. Remediation to be carried out was listed in the email as • Reimbursement of the cost for builders report • The curtains in your bedroom will be replaced. • External window joinery will be sealed. • The works to remove the wallpaper and paint the main bedroom will go ahead as planned, and you will be contacted by our contractors in the coming days for access to carry out the above works.
At the date of the hearing only the reimbursement of costs has occurred.
There are 3 issues to consider. a. Did the landlord fail to attend to the tenants’ concerns in a timely manner? b. Was the condensation and mould because of actions of the tenants or breach of responsibility by the landlord? c. Did the action or inaction by the landlord resulting loss of use of the bedroom?
It was not disputed that there was an issue with condensation and mould in the main bedroom at the property.
I find that the delay of over a month in attending to the tenants’ concerns is a breach of the landlord’s duty to maintain. The landlords are professional property managers and should have proper processes in place to receive and deal with tenants’ maintenance requests.
High levels of condensation contribute to the growth of mould. Mould is fungal growth that requires moisture, oxygen, warmth, and darkness to grow. Mould will grow where humidity is high. To prevent mould, surfaces must be cleaned, and excess moisture and humidity reduced.
The landlords provided a heat pump in the living area and HRV system for the areas of the premises where the bedrooms. Safety stays on windows were provided so premises could be safely aired while tenants were out.
This is balanced by the tenant’s responsibility to heat and air the premises and to use the DVS system.
The evidence provided is that once the landlords acted on the tenants concerns about the condensation their response was appropriate, by professional cleaning and having a builder conduct an invasive inspection.
I find that it has not been established that the damp walls and condensation have arisen through failure on the landlords’ part to maintain the premises. There were no breaches of Healthy homes standards established and the registered builder found no evidence of damp walls due to water ingress.
However, of concern was that the landlord found and highlighted maintenance issues which included mouldy curtains in the bedroom, but these were not attended to. The property manager said that they thought the external walls had been sealed but this had not been done.
Once the tenancy ended the maintenance issues were completed.
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.
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 failure to respond to the tenants’ initial concerns and then follow through with maintenance is a breach of the landlords’ responsibilities. The tenants were justified to move out of the room and wait for the maintenance. I find it just to award $1200.00 in exemplary damages. It is important for tenant’s health and well-being for landlords to address tenants concerns in a timely manner and maintain premises to an appropriate standard. There can be serious health consequences for tenants when premises are not adequately maintained.
The tenant sought compensation for the loss of use of the bedroom. The assessment of compensation is a question of fact. The measure of damages is to place the relevant party in the position they would have been in if the contract had been performed, as far as money can do so.
For loss of amenity, being that the tenant was unable to use the main bedroom due to mould damage curtains and wallpaper I apportion $20.00 per week from the date of the email, listing the remediation that did not occur, to the end of the tenancy, being7 weeks.

Was correct notice given?

[The tenant/s] claims the landlord’s handy man has entered the section to perform maintenance on a tree without consent or notice. This caused her concern as she did not know that anyone was coming and resulted in her calling her partner who came home. The tenant ended up walking around the property helping them to find a tree to prune.
A landlord may not enter the premises during the tenancy except with the tenant's consent, in an emergency, or after giving the required notice for inspections, repairs, and maintenance. See section 48(1) and (2) Residential Tenancies Act 1986.
In this section ‘premises’ does not include land or facilities. There was no claim that the house was entered. The landlord said that sub-contractors were required to give notice and as a courtesy they usually inform the tenants of outside maintenance. I do not find that there has been a breach by the landlord of this section, and it is dismissed.
Other claims under this heading were not filed in the original application and the landlord was not informed that they were to be raised. These claims were not determined.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and award name suppression as requested.

Tenancy Tribunal case 5046649 — Mould & damp at 35B Southsea Crescent, Silverdale, Hamilton 3216

At a glance

Tenancy Tribunal case 5046649 — Mould & damp at 35B Southsea Crescent, Silverdale, Hamilton 3216

At a glance

Claims & awards

Order

Reasons

Was correct notice given?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Was correct notice given?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions