What was Tenancy Tribunal case 5058054 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 5058054?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5058054?

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

Where can I read the official tribunal order for case 5058054?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11246484-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5058054 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 5058054?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5058054?

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

Where can I read the official tribunal order for case 5058054?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11246484-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5058054 — 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.
The termination notice dated 16 October 2024 is withdrawn by the landlord.
The claim for exemplary damages for retaliatory notice / unlawful termination is dismissed.

Reasons

The 28 November order sets out the background to the tenant’s application and records my findings about all parts of the tenant’s claim except for the claim for exemplary damages for retaliatory notice / unlawful termination.
The second hearing took place on 18 December 2024. Ms Sorenson and Ms Wilson represented the landlord.
Ms Sorenson and Ms Wilson provided an estimate from [repair company] dated 10 December 2024. The estimate is for $65,145.15. The estimated work includes: a. Mould removal / treatment. b. Installation of a ventilation system. c. Bathroom renovation. d. Repairs to back deck. e. Install handrail to stairs. f. Prune / remove trees.
The estimate states that “the house would need to be empty for around 5 weeks to complete these repairs”.
On 13 December NRE received an email from the owners advising that one of them had experienced a serious medical event and they wanted to take back possession of the premises as soon as possible.
Clearly this is a very difficult time for the owners and their plans have understandably changed since this incident.
Ms Sorenson confirmed that the owners still intend to do whatever mould removal work is necessary to make the premises safe and habitable, but they may not do the full extent of work envisioned in the 10 December estimate. They intend to move back into the premises, with a view to selling it at some point.
Ms Sorenson said that the owner will issue a new termination notice on the basis that the owner requires the premises as their principal place of residence. 1
Although the 16 October notice is now withdrawn due to this unforeseen change of circumstances, the question of whether it was a retaliatory notice or a “without grounds” notice must still be addressed.
I accept Ms Sorenson’s statement that in issuing the notice she was motivated by concerns about the extent of mould in the premises. The timing of the notice, and her actions since issuing the notice, are consistent with that motivation.
That is sufficient to address the retaliatory notice claim. A retaliatory notice is one where, in issuing the notice, the landlord was motivated by the tenant exercising a legal right or power. 2 That is not the case here.
It is an unlawful act for a landlord to give notice to terminate a tenancy “knowing that they are not entitled, under this Act, to give the notice” 3 .
As discussed in the previous order, it is apparent that Ms Sorenson issued a termination notice, somewhat reflexively, due to concerns about the mould but without having any clear understanding of what “extensive alterations, refurbishment, repairs, or redevelopment of the premises” could be required. 1 Section 51(1)(a) RTA 2 Section 54(1) RTA 3 Section 60AA RTA
On 10 December Ms Sorenson obtained information about the extensive repairs / renovations that were the basis of the termination notice she had issued seven weeks prior.
I agree with [The tenant/s] view that this is not the way that termination by notice is supposed to work.
However, I also accept that: a. The termination notice was not just a convenient excuse to end [The tenant/s] tenancy, which the landlord then ‘backfilled’ with repair / renovation estimate. Ms Sorenson issued the notice in the belief that it was very likely that extensive work would be necessary because of the extent of the mould problem, and that it was important to act quickly. The [repair company] estimate has since confirmed her view. b. It is not the case that the landlord issued the notice knowing that it had no grounds to do so. The landlord issued the notice with a sincere view, but without evidence. In so doing they assumed a risk, but I do not agree that it is appropriate to describe that notice as ‘unlawful’, particularly now that the landlord has obtained an estimate detailing the work that the landlord intended to do, before the recent medical event.
Therefore, I will not make an award of exemplary damages in respect of this issue.
The tenant was substantially successful in their application. I will award the tenant the filing fee for the application. 4 Name suppression is granted to the tenant. 5

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
The termination notice dated 16 October 2024 is withdrawn by the landlord.
The claim for exemplary damages for retaliatory notice / unlawful termination is dismissed.

Reasons

The 28 November order sets out the background to the tenant’s application and records my findings about all parts of the tenant’s claim except for the claim for exemplary damages for retaliatory notice / unlawful termination.
The second hearing took place on 18 December 2024. Ms Sorenson and Ms Wilson represented the landlord.
Ms Sorenson and Ms Wilson provided an estimate from [repair company] dated 10 December 2024. The estimate is for $65,145.15. The estimated work includes: a. Mould removal / treatment. b. Installation of a ventilation system. c. Bathroom renovation. d. Repairs to back deck. e. Install handrail to stairs. f. Prune / remove trees.
The estimate states that “the house would need to be empty for around 5 weeks to complete these repairs”.
On 13 December NRE received an email from the owners advising that one of them had experienced a serious medical event and they wanted to take back possession of the premises as soon as possible.
Clearly this is a very difficult time for the owners and their plans have understandably changed since this incident.
Ms Sorenson confirmed that the owners still intend to do whatever mould removal work is necessary to make the premises safe and habitable, but they may not do the full extent of work envisioned in the 10 December estimate. They intend to move back into the premises, with a view to selling it at some point.
Ms Sorenson said that the owner will issue a new termination notice on the basis that the owner requires the premises as their principal place of residence. 1
Although the 16 October notice is now withdrawn due to this unforeseen change of circumstances, the question of whether it was a retaliatory notice or a “without grounds” notice must still be addressed.
I accept Ms Sorenson’s statement that in issuing the notice she was motivated by concerns about the extent of mould in the premises. The timing of the notice, and her actions since issuing the notice, are consistent with that motivation.
That is sufficient to address the retaliatory notice claim. A retaliatory notice is one where, in issuing the notice, the landlord was motivated by the tenant exercising a legal right or power. 2 That is not the case here.
It is an unlawful act for a landlord to give notice to terminate a tenancy “knowing that they are not entitled, under this Act, to give the notice” 3 .
As discussed in the previous order, it is apparent that Ms Sorenson issued a termination notice, somewhat reflexively, due to concerns about the mould but without having any clear understanding of what “extensive alterations, refurbishment, repairs, or redevelopment of the premises” could be required. 1 Section 51(1)(a) RTA 2 Section 54(1) RTA 3 Section 60AA RTA
On 10 December Ms Sorenson obtained information about the extensive repairs / renovations that were the basis of the termination notice she had issued seven weeks prior.
I agree with [The tenant/s] view that this is not the way that termination by notice is supposed to work.
However, I also accept that: a. The termination notice was not just a convenient excuse to end [The tenant/s] tenancy, which the landlord then ‘backfilled’ with repair / renovation estimate. Ms Sorenson issued the notice in the belief that it was very likely that extensive work would be necessary because of the extent of the mould problem, and that it was important to act quickly. The [repair company] estimate has since confirmed her view. b. It is not the case that the landlord issued the notice knowing that it had no grounds to do so. The landlord issued the notice with a sincere view, but without evidence. In so doing they assumed a risk, but I do not agree that it is appropriate to describe that notice as ‘unlawful’, particularly now that the landlord has obtained an estimate detailing the work that the landlord intended to do, before the recent medical event.
Therefore, I will not make an award of exemplary damages in respect of this issue.
The tenant was substantially successful in their application. I will award the tenant the filing fee for the application. 4 Name suppression is granted to the tenant. 5

Tenancy Tribunal case 5058054 — Mould & damp

At a glance

Tenancy Tribunal case 5058054 — Mould & damp

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions