What was Tenancy Tribunal case 5073169 about?

The tribunal order states: By consent, the Tribunal orders suppression of both the Tenant and Landlord

How much money was awarded in case 5073169?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5073169?

The primary dispute was Mould & damp. Related themes: State of repair.

Where can I read the official tribunal order for case 5073169?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11441973-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5073169 about?

The tribunal order states: By consent, the Tribunal orders suppression of both the Tenant and Landlord

How much money was awarded in case 5073169?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5073169?

The primary dispute was Mould & damp. Related themes: State of repair.

Where can I read the official tribunal order for case 5073169?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11441973-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5073169 — Mould & damp

Order

By consent, the Tribunal orders suppression of both the Tenant and Landlord names and identifying details.
The application is dismissed.

Reasons

Both parties attended the hearing.
The tenant seeks to reduce her rent. The tenant lives in a 3-bed house [Town] and her rent has increased from $190.00 to $520.00 per week. This tenancy commenced on 5 November 2016.
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
The Tribunal has the power to reduce rent to market rent if the amount payable exceeds market rent by a substantial amount (s.25(1) of the Residential Tenancies Act 1986 (RTA)). Market rent is defined as the rent a willing landlord might reasonably expect to receive and a willing tenant might reasonably expect to pay for the tenancy, taking into account the general level of rents for comparable premises in the locality or similar localities and such other matters as the Tribunal considers relevant.
The parties’ personal circumstances are not relevant and are not considered.
If granted, a market rent assessment cannot be backdated beyond the date of the application (s.25(4) RTA) and continues in force for a maximum period of 6 months (s.26(1)(a) RTA).
On 8 November 2024, the tenant received a notice of rent review increasing rent by $190.00 per week.
The tenant says the house was run down when she moved in, and only essential maintenance has been carried out since. The tenant provided the ingoing inspection report and photographs and drew attention to rotten window frames, broken window latches, draughts through louvre windows, threadbare carpet, mould, and peeling paint. The tenant says she is very happy in her home with her 4 children, but the rent increase does not reflect the current condition of the property. The tenant believes rent should be in the region of $360 to $400 as a neighbouring property is $360.00 per week.
The landlord acknowledges the maintenance issues and confirms they will be addressed. The landlord says the condition of the property has been taken into account as the new rent is $30.00 below the lower quartile of $550.00. The landlord says they have relied on information provided by the Tenancy Services website and rent has been below market rent for a long time.
The tenant was very upset at the hearing, and I acknowledge and understand her distress. By any measure, a weekly increase of $190.00 is substantial. Based on the evidence provided, I also share her concerns about the general maintenance of the property. The landlord is on notice that they are under an obligation to maintain the premises in a reasonable state of repair. It is open to the tenant to bring other claims to the Tribunal if she so wishes.
However, the issue for me to decide is whether the rent payable is substantially above market rent. The tenant faces the difficulty of establishing a comparison between the property in question and other tenancies and proving that rent exceeds market rent by a substantial amount. The tenant was unable to provide any comparators in the locality. Although I accept her evidence that a neighbouring similar property is $360.00 per week, this may be for other reasons rather than a true reflection of market rent.
Tenancy Services market rent statistics for the [Town] area for a 3-bed house currently record the lower quartile as $575.00, median as $600.00 and upper $645.00 for a total of 246 active bonds. It appears that the lower quartile has increased by $25.00 since the landlord sent their notice of rent increase.
I have considered the evidence presented by both parties. While I sympathise with the tenant and share her concerns around maintenance, I find she has not proved to the requisite standard that rent payable exceeds market rent by a substantial amount.
As the claim is not proven it must be dismissed.
Both parties agree to mutual name suppression.

Tenancy Tribunal case 5073169 — Mould & damp

At a glance

Tenancy Tribunal case 5073169 — Mould & damp

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions