What was Tenancy Tribunal case 5050236 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 5050236?

Compensation: $139.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5050236?

The dispute type was not classified.

Where can I read the official tribunal order for case 5050236?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11208247-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5050236 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 5050236?

Compensation: $139.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5050236?

The dispute type was not classified.

Where can I read the official tribunal order for case 5050236?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11208247-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5050236 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 5050236 — net $166.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation for septic tank pump	$139.00	Compensation for septic tank pump
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$166.00
Total payable by Landlord to Tenant	$166.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
Highland Real Estate Group Limited As Agent For Rory Seaton And Caren Vab Gastel must pay [The tenant/s] $166.00 immediately, calculated as shown in table below:
The landlord must carry out the following work to the premises, which must be completed by Friday 31 January 2025: a. Replace the front door, b. Draught stop the kitchen and bathroom windows, c. Repair the element on the oven, d. Replace the external rotten weatherboards.
As an alternative to compliance with Order 2, the landlord must pay the tenant $1,350.00 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 $1,800.00. These costs may be set off against rent payable.

Reasons

The tenants and landlord attended the hearing.
The tenants seek re-imbursement for a new septic tank pump they had purchased and work orders.
Initially the tenancy was for a fixed term from 25/8/2023 to 23/8/2024 and was renewed to 23/8/2025 at $450.00 rent per week.
The tenants claim that the landlord has not fixed draughts in the front door and kitchen and bathroom windows, the large element on the stove and the rotten outside weatherboards.
The tenants want the problems fixed.
In support of the claims the tenant provided verbal evidence of the long standing difficulties associated with the owner not agreeing to undertake repairs, and emails to the landlord.
The tenant issued a 14 day notice, via email, on 3/10/2024.
In response the landlord submitted that on 1/11/2024 he had attended the premises with the owner who had draught stopped the top of the front door and all windows, except the bathroom.
Further the landlord confirmed that the owner had tested the oven and found no fault and was not prepared to pay for a new septic tank pump because one of his workmen had previously tested the pump and found no fault.
The landlord suggested that the owner did not agree to draught stop the bottom of the front door because the tenant had removed the insulation.
However, the landlord agreed that replacement of the front door was appropriate because it had moved significantly in the frame.
In response the tenant submitted that there was no insulation under the front door only a weather strip which had broken and which they subsequently replaced. Law
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.
Section 45(1)(b) sets out that a landlord must provide and maintain the premises in a reasonable state of repair.
Section 45(1)(bb) requires compliance with the Residential Tenancies (Healthy Homes Standards) 2019 (HHS), one of which is draught stopping.
The draught stopping standard requires that residential premises be free from unreasonable gaps and holes that are not an intentional part of the building, which allow draughts to arise.
Compliance dates for the HHS vary depending on the tenancy: a. For private rentals i. If the tenancy commenced between 28 August 2022 but before 3 March 2025, as is the case here, the rental must comply within 120 days of the commencement of any new or renewed tenancy. ii. As the tenancy commenced on 25/8/2023 the compliance date would have been 24/12/2023.
Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00.

Has the landlord failed to comply with their obligations?

I am persuaded by the evidence of the tenants that it is more likely than not the landlord failed to maintain the septic tank pump and as a result the tenants had to purchase a new replacement pump.
The tenants provided a receipt for the cost of the pump and pursuant to section 45(1)(d)(ii) the landlord must compensate the tenants for the amount claimed.
Further I find that the landlord failed to repair the oven element and replace rotten weatherboards when contacted on numerous occasions by the tenants about the problems.
I find Highland Real Estate Group Limited As Agent For Rory Seaton And Caren Vab Gastel committed an unlawful act by not regularly attending to draught stopping in the premises and failing to draught stop under the front door.
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.
Work Orders have been made for the obligations the landlord has failed to comply with.
As the landlord was unable to consent to the work being done, I have made alternative monetary orders for compliance and for the tenants to undertake the work if needed.
In deciding the timeframe for the work to be completed I have taken into account the time of year and approaching holiday period and allowed the landlord more time than the Tribunal usually would for such work.
Although I have found the landlord committed an unlawful act in failing to regularly draught stop the premises, because the tenant did not wish to pursue any exemplary damages, I do not need to consider that matter.
As [The applicant/s] have wholly succeeded with the claim I must award the filing fee.
Suppression is granted to the tenants pursuant to section 95A because they were successful with their claim.

Claims and awards in Tenancy Tribunal application 5050236 — net $166.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation for septic tank pump	$139.00	Compensation for septic tank pump
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$166.00
Total payable by Landlord to Tenant	$166.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
Highland Real Estate Group Limited As Agent For Rory Seaton And Caren Vab Gastel must pay [The tenant/s] $166.00 immediately, calculated as shown in table below:
The landlord must carry out the following work to the premises, which must be completed by Friday 31 January 2025: a. Replace the front door, b. Draught stop the kitchen and bathroom windows, c. Repair the element on the oven, d. Replace the external rotten weatherboards.
As an alternative to compliance with Order 2, the landlord must pay the tenant $1,350.00 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 $1,800.00. These costs may be set off against rent payable.

Reasons

The tenants and landlord attended the hearing.
The tenants seek re-imbursement for a new septic tank pump they had purchased and work orders.
Initially the tenancy was for a fixed term from 25/8/2023 to 23/8/2024 and was renewed to 23/8/2025 at $450.00 rent per week.
The tenants claim that the landlord has not fixed draughts in the front door and kitchen and bathroom windows, the large element on the stove and the rotten outside weatherboards.
The tenants want the problems fixed.
In support of the claims the tenant provided verbal evidence of the long standing difficulties associated with the owner not agreeing to undertake repairs, and emails to the landlord.
The tenant issued a 14 day notice, via email, on 3/10/2024.
In response the landlord submitted that on 1/11/2024 he had attended the premises with the owner who had draught stopped the top of the front door and all windows, except the bathroom.
Further the landlord confirmed that the owner had tested the oven and found no fault and was not prepared to pay for a new septic tank pump because one of his workmen had previously tested the pump and found no fault.
The landlord suggested that the owner did not agree to draught stop the bottom of the front door because the tenant had removed the insulation.
However, the landlord agreed that replacement of the front door was appropriate because it had moved significantly in the frame.
In response the tenant submitted that there was no insulation under the front door only a weather strip which had broken and which they subsequently replaced. Law
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.
Section 45(1)(b) sets out that a landlord must provide and maintain the premises in a reasonable state of repair.
Section 45(1)(bb) requires compliance with the Residential Tenancies (Healthy Homes Standards) 2019 (HHS), one of which is draught stopping.
The draught stopping standard requires that residential premises be free from unreasonable gaps and holes that are not an intentional part of the building, which allow draughts to arise.
Compliance dates for the HHS vary depending on the tenancy: a. For private rentals i. If the tenancy commenced between 28 August 2022 but before 3 March 2025, as is the case here, the rental must comply within 120 days of the commencement of any new or renewed tenancy. ii. As the tenancy commenced on 25/8/2023 the compliance date would have been 24/12/2023.
Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00.

Has the landlord failed to comply with their obligations?

I am persuaded by the evidence of the tenants that it is more likely than not the landlord failed to maintain the septic tank pump and as a result the tenants had to purchase a new replacement pump.
The tenants provided a receipt for the cost of the pump and pursuant to section 45(1)(d)(ii) the landlord must compensate the tenants for the amount claimed.
Further I find that the landlord failed to repair the oven element and replace rotten weatherboards when contacted on numerous occasions by the tenants about the problems.
I find Highland Real Estate Group Limited As Agent For Rory Seaton And Caren Vab Gastel committed an unlawful act by not regularly attending to draught stopping in the premises and failing to draught stop under the front door.
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.
Work Orders have been made for the obligations the landlord has failed to comply with.
As the landlord was unable to consent to the work being done, I have made alternative monetary orders for compliance and for the tenants to undertake the work if needed.
In deciding the timeframe for the work to be completed I have taken into account the time of year and approaching holiday period and allowed the landlord more time than the Tribunal usually would for such work.
Although I have found the landlord committed an unlawful act in failing to regularly draught stop the premises, because the tenant did not wish to pursue any exemplary damages, I do not need to consider that matter.
As [The applicant/s] have wholly succeeded with the claim I must award the filing fee.
Suppression is granted to the tenants pursuant to section 95A because they were successful with their claim.

Tenancy Tribunal case 5050236 — Tenancy dispute

At a glance

Tenancy Tribunal case 5050236 — Tenancy dispute

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