What was Tenancy Tribunal case 5063111 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 5063111?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5063111?

The primary dispute was Rent arrears. Related themes: State of repair, Leaks.

Where can I read the official tribunal order for case 5063111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11472503-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5063111 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 5063111?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5063111?

The primary dispute was Rent arrears. Related themes: State of repair, Leaks.

Where can I read the official tribunal order for case 5063111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11472503-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5063111 — Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
The Tribunal declares that the rent arrears due to 21 February 2025 of $2254.14 is cancelled in due to an equitable set off as compensation to the tenant for failure to maintain the premises in a reasonable state of repair.
The landlord must carry out the following work to the premises, which must be completed by Monday 31 March 2025 a. Replace bulbs or repair downlights that are not working at the premises. b. Reinstate power to the garage.
The application for termination is dismissed.

Reasons

Both parties attended the hearing which took place by teleconference.
This hearing was adjourned from 10 December 2024 for the tenant’s counter claim to be combined with the landlord’s claim and for the exchange of evidence. This has taken place.
The landlord has applied for termination and rent arrears.

Is the tenant in rent arrears?

The landlord claims that the tenant is in rent arrears and has provided a rent summary. The rent summary records rent arrears to yesterday 20 February 2025 in the sum of $2170.57. The current rent week ends today Friday 21 February 2025 and the rent owed to today is $2254.14. The rent is more than 21 days in arrears.
The tenant does not dispute that the rent is in arrears but states that she got into arrears as a result of struggling to pay extra high power bills over several months due to a maintenance issue. The tenant claims that there were issues with the hot water at the premises that was not fixed between March 2024 and August 2024.
The tenant further claims that the landlord did not remedy the power outage to the garage and did not replace or repair downlights that were not working at the premises and did not maintain large trees. The tenant wants the problems fixed.
The tenant claims compensation of $5857.12 and seeks that some of this be set off against the landlord claim for rent arrears.
Therefore, the Tribunal will consider the tenant’s claims before determining termination.

Has the landlord failed to comply with their 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 has obligations including that the landlord must provide and maintain the premises in a reasonable state of repair. Hot water cylinder
The tenant stated that in early March 2024 she received a telephone call from the power company advising that her power would be cut off. She stated that as she paid a regular weekly sum she did not become aware straight away that her power was getting behind. The tenant stated that the power company informed her that there were irregularities with her power as the usage was unusually high. The tenant provided copies of graphs showing the increased power usage and a comparison with earlier power bills.
The events of the next couple of days are in dispute but what is agreed is that the tenant called an electrical company, who attended the premises and found a fault with the hot water cylinder which they repaired.
However, on 11 March 2024 the tenant discovered that her power usage was still high and contacted her property manager by email.
The tenant’s email on 11 March 2024 includes the following:
The landlord agreed that following receiving this email no contractor was called to investigate the hot water, the power in the garage or the downlights. The landlord advised that this was because they requested a copy of the [electrical company]’s invoice from the tenant and as they did not receive this no action was taken.
There was conflicting evidence from both parties as to where the [electrical company]’s invoice was sent and what communication took place between March and July 2024. The landlord stated that there was no further communication from the tenant about the maintenance issues until 30 July 2024 when an email was sent. The tenant disputed that there was no communication between March and July but said this was by telephone. The Tribunal accepts that there was misunderstanding between the parties about the invoice.
There was evidence provided of communication from the property manager to the tenant on 3 April 2024 indicating that the tenant was requesting progress and the property manager stated that they had not received the invoice from [electrical company]. No further action was taken.
After the tenant’s email on 30 July 2024 the landlord arranged for a contractor to visit the premises who discovered there was a leak in the hot water cylinder pipe and repaired this in August 2024. The tenant provided a copy of her power invoices which record a significant drop in her power bill in September 2024 after the repair was completed.
At the time of today’s hearing the landlord had still not arranged for a contractor to investigate the issues raised by the tenant regarding the power outage in the garage and the downlights not working despite these being included in the tenant’s claim filed in December 2024.
The landlord claimed that the tenant was required to log maintenance through an app named Tapi. However, this is not a requirement under the RTA. Section 40(1)(d) of the RTA states that the tenant shall notify the landlord as soon as possible after discovery of the need for any repairs. I am satisfied that the email sent to the property manager on 11 March 2024 notified the landlord of the need for further investigation and repairs after the initial visit by the electrician. The landlord failed to send a contractor to investigate and arrange repairs for any of the issues raised.
Having considered the evidence referred to above and all other evidence provided by the parties I find that the landlord breached their obligations to maintain the premises in a reasonable state of repair.
The tenant seeks compensation for the landlord breach. The Tribunal can order a landlord to pay such sum by way of damages or compensation as the Tribunal shall assess in respect of the breach of any provision of the Residential Tenancies Act (section 77(2)(n)).
The tenant seeks reimbursement of all power bills dating back to August 2023, when the bills first started to increase, in the sum of $5857.12. I am not satisfied that the tenant has proved this amount of compensation as the first she notified the landlord of the issue was in March 2024. Due to other variables from month to month it is not possible to quantify exactly the amount of extra power due to the fault.
Having considered the compensation claim I find that rather than out of pocket expenses an award of general damages for the ongoing loss of amenity for the tenant due to lights not working, lack of power in the garage and high electricity bills over an extended period is appropriate. Awards of compensation are generally modest. I find that in these circumstances an appropriate award of compensation is an equitable set off against the whole of the rent arrears currently owing. The effect of this is to cancel the rent arrears of $2254.14 which arose partly due to the financial pressure on the tenant due to the increased power bills.

Should a work order be made?

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.
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.
The Tribunal finds that the landlord failed to call a contractor to investigate and remedy the downlights that are not working and the lack of power to the garage that was raised by the tenant in March 2024.
The landlord advised today that they consent to arrange for the work to be done.
The tenant also requested in her email to the landlord on 30 July 2024 that trees on the boundary be removed but did not provide evidence in support of the condition of the trees today. Therefore, there is insufficient evidence to prove this claim at this time. As trees will continue to grow the tenant may bring another claim in this regard if the problem increases and the landlord does not address the issue.

Should the tenancy be terminated?

The Tribunal must terminate the tenancy where rent is 21 days in arrears.
The High Court in the case of O’Shea v Brown has stated that although the Tribunal is obliged to make a termination order if it finds rent is in arrears for more than 21 days this does not over-ride that a determination of a landlord’s claim for rent also should in fairness involve a determination of claims, which could lead to an equitable set off. It may be that if the set off claim is successful the amount owed if any is less than 21 days rent arrears.
In this case the Tribunal has ordered compensation by way of an equitable set off against the rent arrears resulting in the arrears being cancelled. Therefore, the rent is not in arrears and the application for termination is dismissed. Filing fee/Suppression
As neither party has been wholly successful with their claim I make no order for reimbursement of either filing fee.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A Residential Tenancies Act 1986. Both parties have applied for suppression in this case.
This is a long-standing tenancy where there has been goodwill between the parties until the issues that have arisen over the past year. It is hoped that following this decision the parties will be able to rebuild their good relationship. Having considered the factors in this case the Tribunal finds that the interests of the parties outweigh any public interest in their identifying details being published and grants suppression as sought.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
The Tribunal declares that the rent arrears due to 21 February 2025 of $2254.14 is cancelled in due to an equitable set off as compensation to the tenant for failure to maintain the premises in a reasonable state of repair.
The landlord must carry out the following work to the premises, which must be completed by Monday 31 March 2025 a. Replace bulbs or repair downlights that are not working at the premises. b. Reinstate power to the garage.
The application for termination is dismissed.

Reasons

Both parties attended the hearing which took place by teleconference.
This hearing was adjourned from 10 December 2024 for the tenant’s counter claim to be combined with the landlord’s claim and for the exchange of evidence. This has taken place.
The landlord has applied for termination and rent arrears.

Is the tenant in rent arrears?

The landlord claims that the tenant is in rent arrears and has provided a rent summary. The rent summary records rent arrears to yesterday 20 February 2025 in the sum of $2170.57. The current rent week ends today Friday 21 February 2025 and the rent owed to today is $2254.14. The rent is more than 21 days in arrears.
The tenant does not dispute that the rent is in arrears but states that she got into arrears as a result of struggling to pay extra high power bills over several months due to a maintenance issue. The tenant claims that there were issues with the hot water at the premises that was not fixed between March 2024 and August 2024.
The tenant further claims that the landlord did not remedy the power outage to the garage and did not replace or repair downlights that were not working at the premises and did not maintain large trees. The tenant wants the problems fixed.
The tenant claims compensation of $5857.12 and seeks that some of this be set off against the landlord claim for rent arrears.
Therefore, the Tribunal will consider the tenant’s claims before determining termination.

Has the landlord failed to comply with their 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 has obligations including that the landlord must provide and maintain the premises in a reasonable state of repair. Hot water cylinder
The tenant stated that in early March 2024 she received a telephone call from the power company advising that her power would be cut off. She stated that as she paid a regular weekly sum she did not become aware straight away that her power was getting behind. The tenant stated that the power company informed her that there were irregularities with her power as the usage was unusually high. The tenant provided copies of graphs showing the increased power usage and a comparison with earlier power bills.
The events of the next couple of days are in dispute but what is agreed is that the tenant called an electrical company, who attended the premises and found a fault with the hot water cylinder which they repaired.
However, on 11 March 2024 the tenant discovered that her power usage was still high and contacted her property manager by email.
The tenant’s email on 11 March 2024 includes the following:
The landlord agreed that following receiving this email no contractor was called to investigate the hot water, the power in the garage or the downlights. The landlord advised that this was because they requested a copy of the [electrical company]’s invoice from the tenant and as they did not receive this no action was taken.
There was conflicting evidence from both parties as to where the [electrical company]’s invoice was sent and what communication took place between March and July 2024. The landlord stated that there was no further communication from the tenant about the maintenance issues until 30 July 2024 when an email was sent. The tenant disputed that there was no communication between March and July but said this was by telephone. The Tribunal accepts that there was misunderstanding between the parties about the invoice.
There was evidence provided of communication from the property manager to the tenant on 3 April 2024 indicating that the tenant was requesting progress and the property manager stated that they had not received the invoice from [electrical company]. No further action was taken.
After the tenant’s email on 30 July 2024 the landlord arranged for a contractor to visit the premises who discovered there was a leak in the hot water cylinder pipe and repaired this in August 2024. The tenant provided a copy of her power invoices which record a significant drop in her power bill in September 2024 after the repair was completed.
At the time of today’s hearing the landlord had still not arranged for a contractor to investigate the issues raised by the tenant regarding the power outage in the garage and the downlights not working despite these being included in the tenant’s claim filed in December 2024.
The landlord claimed that the tenant was required to log maintenance through an app named Tapi. However, this is not a requirement under the RTA. Section 40(1)(d) of the RTA states that the tenant shall notify the landlord as soon as possible after discovery of the need for any repairs. I am satisfied that the email sent to the property manager on 11 March 2024 notified the landlord of the need for further investigation and repairs after the initial visit by the electrician. The landlord failed to send a contractor to investigate and arrange repairs for any of the issues raised.
Having considered the evidence referred to above and all other evidence provided by the parties I find that the landlord breached their obligations to maintain the premises in a reasonable state of repair.
The tenant seeks compensation for the landlord breach. The Tribunal can order a landlord to pay such sum by way of damages or compensation as the Tribunal shall assess in respect of the breach of any provision of the Residential Tenancies Act (section 77(2)(n)).
The tenant seeks reimbursement of all power bills dating back to August 2023, when the bills first started to increase, in the sum of $5857.12. I am not satisfied that the tenant has proved this amount of compensation as the first she notified the landlord of the issue was in March 2024. Due to other variables from month to month it is not possible to quantify exactly the amount of extra power due to the fault.
Having considered the compensation claim I find that rather than out of pocket expenses an award of general damages for the ongoing loss of amenity for the tenant due to lights not working, lack of power in the garage and high electricity bills over an extended period is appropriate. Awards of compensation are generally modest. I find that in these circumstances an appropriate award of compensation is an equitable set off against the whole of the rent arrears currently owing. The effect of this is to cancel the rent arrears of $2254.14 which arose partly due to the financial pressure on the tenant due to the increased power bills.

Should a work order be made?

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.
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.
The Tribunal finds that the landlord failed to call a contractor to investigate and remedy the downlights that are not working and the lack of power to the garage that was raised by the tenant in March 2024.
The landlord advised today that they consent to arrange for the work to be done.
The tenant also requested in her email to the landlord on 30 July 2024 that trees on the boundary be removed but did not provide evidence in support of the condition of the trees today. Therefore, there is insufficient evidence to prove this claim at this time. As trees will continue to grow the tenant may bring another claim in this regard if the problem increases and the landlord does not address the issue.

Should the tenancy be terminated?

The Tribunal must terminate the tenancy where rent is 21 days in arrears.
The High Court in the case of O’Shea v Brown has stated that although the Tribunal is obliged to make a termination order if it finds rent is in arrears for more than 21 days this does not over-ride that a determination of a landlord’s claim for rent also should in fairness involve a determination of claims, which could lead to an equitable set off. It may be that if the set off claim is successful the amount owed if any is less than 21 days rent arrears.
In this case the Tribunal has ordered compensation by way of an equitable set off against the rent arrears resulting in the arrears being cancelled. Therefore, the rent is not in arrears and the application for termination is dismissed. Filing fee/Suppression
As neither party has been wholly successful with their claim I make no order for reimbursement of either filing fee.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A Residential Tenancies Act 1986. Both parties have applied for suppression in this case.
This is a long-standing tenancy where there has been goodwill between the parties until the issues that have arisen over the past year. It is hoped that following this decision the parties will be able to rebuild their good relationship. Having considered the factors in this case the Tribunal finds that the interests of the parties outweigh any public interest in their identifying details being published and grants suppression as sought.

Tenancy Tribunal case 5063111 — Rent arrears

At a glance

Claims & awards

Tenancy Tribunal case 5063111 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Is the tenant in rent arrears?

Has the landlord failed to comply with their obligations?

Should a work order be made?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Order

Reasons

Is the tenant in rent arrears?

Has the landlord failed to comply with their obligations?

Should a work order be made?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions