What was Tenancy Tribunal case 5073168 about?

The tribunal order states: The tenant’s name and identifying details must not be published.

How much money was awarded in case 5073168?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5073168?

The primary dispute was Rent arrears. Related themes: State of repair, Cleanliness, Exemplary damages, Mould & damp.

Where can I read the official tribunal order for case 5073168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11436854-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5073168 about?

The tribunal order states: The tenant’s name and identifying details must not be published.

How much money was awarded in case 5073168?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5073168?

The primary dispute was Rent arrears. Related themes: State of repair, Cleanliness, Exemplary damages, Mould & damp.

Where can I read the official tribunal order for case 5073168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11436854-Tribunal_Order_Redacted.pdf.

Unit B411, 176 Broadway, Newmarket, Auckland Tenancy Tribunal Case 5073168 — Rent arrears

Order

The tenant’s name and identifying details must not be published.
The tenant’s claims are allowed.
The tenancy agreement is cancelled.
The Tribunal declares that the tenant is not liable to pay any rent for the tenancy.
The Bond Centre is to pay the bond of $3,040.00 [Bond number] to [the tenant] immediately.
The landlord’s claims are dismissed.

Reasons

The tenant attended the hearing in person. A Spanish interpreter assisted the Tribunal and the tenant.
The landlord did not attend the hearing. The Tribunal’s file confirms that landlord was sent the Notice of Hearing and several reminders of the time, date, and venue for the hearing. The hearing proceeded in the landlord’s absence.
The tenant applies for return of the bond, and declaration that the fixed term tenancy has ended and that she is not liable to pay the landlord any rent.
The landlord’s cross-application was for rent arrears.

Was the premises provided reasonably clean and in reasonable repair?

The tenant entered into a fixed-term tenancy for the premises. The start date for the tenancy was 10 November 2024 and the end date was 23 March 2025.
The tenant and her flatmates moved out of the premises on 21 November 2024, however, because of the poor conditions at the premises. Legal principles
At the beginning of the tenancy, landlords must provide the premises reasonably clean and in a reasonable state of repair. 1 Section 45(1)(a) and (b) of the Residential Tenancies Act 1986 (RTA) provide: 45 Landlord’s responsibilities (1) The landlord shall— (a) provide the premises in a reasonable state of cleanliness; and (b) provide and maintain the premises in a reasonable state of repair having regard to the age and character of the premises and the period during which the premises are likely to remain habitable and available for residential purposes; and
Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. 2 However, the tenant did not apply for exemplary damages, so the Tribunal does not have jurisdiction to order them today. 3 The Tribunal could only consider exemplary damages if there were another hearing set down, and prior to the hearing the tenant gave written notice of her intention to apply for exemplary damages under s 109 of the RTA. Discussion
The tenant submitted photographs and gave oral evidence of the state of the premises and gave evidence. 1 Residential Tenancies Act 1986 (RTA), s 45(1)(a) and (b). 2 RTA, s 45(1A) and Schedule 1A. 3 RTA, s 109(3).
The tenant says the tenancy began disastrously. When she moved in on 10 November 2024, the premises had no power. She was without power for three days. The premises were very unclean and untidy. The carpet was badly stained and worn in places. The chattels were in poor condition. For example, one of the mattresses was mouldy. In her email to the landlord a few days into the tenancy, she said: Good morning. I'm writing to express my serious disappointment with the condition of the property I rented on 10/11/24. As you can see from the attached photos, the place is in a truly shocking state. When we first viewed the property, there was no power, so we couldn't properly see the place. Once we got the power on, we were horrified by what we found. The entire place is filthy, with disgusting stains on the walls, cupboards, bathroom, mattresses, and carpet. There's hair, nails, and personal items everywhere, even dirty sex toys. The mattresses are covered in mould and hair, and it's impossible to sleep on them. To top it all off, we've been overrun with bed bugs. Since moving in, we have been deep cleaning the property to try and improve the conditions. However, the extent of the dirt and the presence of pests has been overwhelming. We understand that replacing the carpet and doing a professional clean might take some time. However, due to the unsanitary conditions and the health issues we've experienced, we'd like to find a solution as soon as possible.
I have read the landlord’s file. The file includes the landlords written response to the tenant’s claim disputing the tenant’s narrative, an invoice for cleaning done five months prior to the tenancy beginning , photographs indicating that the premises were in a relatively clean condition at the time they photographs were taken. I have taken this material into account.
I prefer the tenant’s account. She gave evidence in a clear, matter of fact way. It was supported by contemporaneous photographs and email.
The tenant brought two witnesses to the Tribunal to give evidence. It was not necessary to hear from them because the tenant’s own evidence proved her case.
The tenant’s evidence satisfied me that the premises was not provided clean or in a reasonable state of repair. Moreover, the landlord did not ensure the premises had power at the beginning of the tenancy.
The tenant’s claims are proven. Orders
The landlord’s breaches are fundamental. The tenancy agreement is cancelled.
The tenant moved out after 10 days in the premises. Those 10 days were stressful and unpleasant. The tenant should not be required to pay any rent because the landlord did not provide what she was contractually bound to provide: a healthy, habitable home that was reasonably clean, and in a reasonable state of repair.
It follows, the landlord’s claim for rent arrears is dismissed.
The bond must be released to the tenant. Non-publication
The tenant seeks non-publication of her name and identifying details.
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. 4
The tenant has succeeded in her claim. I do not consider that publication is in the public interest or justified by the tenant’s conduct or any other relevant circumstances.
Non-publication is ordered.

Order

The tenant’s name and identifying details must not be published.
The tenant’s claims are allowed.
The tenancy agreement is cancelled.
The Tribunal declares that the tenant is not liable to pay any rent for the tenancy.
The Bond Centre is to pay the bond of $3,040.00 [Bond number] to [the tenant] immediately.
The landlord’s claims are dismissed.

Reasons

The tenant attended the hearing in person. A Spanish interpreter assisted the Tribunal and the tenant.
The landlord did not attend the hearing. The Tribunal’s file confirms that landlord was sent the Notice of Hearing and several reminders of the time, date, and venue for the hearing. The hearing proceeded in the landlord’s absence.
The tenant applies for return of the bond, and declaration that the fixed term tenancy has ended and that she is not liable to pay the landlord any rent.
The landlord’s cross-application was for rent arrears.

Was the premises provided reasonably clean and in reasonable repair?

The tenant entered into a fixed-term tenancy for the premises. The start date for the tenancy was 10 November 2024 and the end date was 23 March 2025.
The tenant and her flatmates moved out of the premises on 21 November 2024, however, because of the poor conditions at the premises. Legal principles
At the beginning of the tenancy, landlords must provide the premises reasonably clean and in a reasonable state of repair. 1 Section 45(1)(a) and (b) of the Residential Tenancies Act 1986 (RTA) provide: 45 Landlord’s responsibilities (1) The landlord shall— (a) provide the premises in a reasonable state of cleanliness; and (b) provide and maintain the premises in a reasonable state of repair having regard to the age and character of the premises and the period during which the premises are likely to remain habitable and available for residential purposes; and
Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. 2 However, the tenant did not apply for exemplary damages, so the Tribunal does not have jurisdiction to order them today. 3 The Tribunal could only consider exemplary damages if there were another hearing set down, and prior to the hearing the tenant gave written notice of her intention to apply for exemplary damages under s 109 of the RTA. Discussion
The tenant submitted photographs and gave oral evidence of the state of the premises and gave evidence. 1 Residential Tenancies Act 1986 (RTA), s 45(1)(a) and (b). 2 RTA, s 45(1A) and Schedule 1A. 3 RTA, s 109(3).
The tenant says the tenancy began disastrously. When she moved in on 10 November 2024, the premises had no power. She was without power for three days. The premises were very unclean and untidy. The carpet was badly stained and worn in places. The chattels were in poor condition. For example, one of the mattresses was mouldy. In her email to the landlord a few days into the tenancy, she said: Good morning. I'm writing to express my serious disappointment with the condition of the property I rented on 10/11/24. As you can see from the attached photos, the place is in a truly shocking state. When we first viewed the property, there was no power, so we couldn't properly see the place. Once we got the power on, we were horrified by what we found. The entire place is filthy, with disgusting stains on the walls, cupboards, bathroom, mattresses, and carpet. There's hair, nails, and personal items everywhere, even dirty sex toys. The mattresses are covered in mould and hair, and it's impossible to sleep on them. To top it all off, we've been overrun with bed bugs. Since moving in, we have been deep cleaning the property to try and improve the conditions. However, the extent of the dirt and the presence of pests has been overwhelming. We understand that replacing the carpet and doing a professional clean might take some time. However, due to the unsanitary conditions and the health issues we've experienced, we'd like to find a solution as soon as possible.
I have read the landlord’s file. The file includes the landlords written response to the tenant’s claim disputing the tenant’s narrative, an invoice for cleaning done five months prior to the tenancy beginning , photographs indicating that the premises were in a relatively clean condition at the time they photographs were taken. I have taken this material into account.
I prefer the tenant’s account. She gave evidence in a clear, matter of fact way. It was supported by contemporaneous photographs and email.
The tenant brought two witnesses to the Tribunal to give evidence. It was not necessary to hear from them because the tenant’s own evidence proved her case.
The tenant’s evidence satisfied me that the premises was not provided clean or in a reasonable state of repair. Moreover, the landlord did not ensure the premises had power at the beginning of the tenancy.
The tenant’s claims are proven. Orders
The landlord’s breaches are fundamental. The tenancy agreement is cancelled.
The tenant moved out after 10 days in the premises. Those 10 days were stressful and unpleasant. The tenant should not be required to pay any rent because the landlord did not provide what she was contractually bound to provide: a healthy, habitable home that was reasonably clean, and in a reasonable state of repair.
It follows, the landlord’s claim for rent arrears is dismissed.
The bond must be released to the tenant. Non-publication
The tenant seeks non-publication of her name and identifying details.
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. 4
The tenant has succeeded in her claim. I do not consider that publication is in the public interest or justified by the tenant’s conduct or any other relevant circumstances.
Non-publication is ordered.

Tenancy Tribunal case 5073168 — Rent arrears at Unit B411, 176 Broadway, Newmarket, Auckland

At a glance

Tenancy Tribunal case 5073168 — Rent arrears at Unit B411, 176 Broadway, Newmarket, Auckland

At a glance

Claims & awards

Order

Reasons

Was the premises provided reasonably clean and in reasonable repair?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Was the premises provided reasonably clean and in reasonable repair?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions