What was Tenancy Tribunal case 5085111 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 5085111?

Compensation: $750.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5085111?

The dispute type was not classified.

Where can I read the official tribunal order for case 5085111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11285925-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5085111 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 5085111?

Compensation: $750.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5085111?

The dispute type was not classified.

Where can I read the official tribunal order for case 5085111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11285925-Tribunal_Order_Redacted.pdf.

345a Panama Road, Mt Wellington, Auckland 1062 Tenancy Tribunal Case 5085111 — Tenancy dispute

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345a Panama Road, Mt Wellington, Auckland 1062 Tenancy Tribunal Case 5085111 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5085111 — net $777.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation for loss of amenities to do with the garage	$750.00	Compensation for loss of amenities to do with the garage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$777.00
Total payable by Landlord to Tenant	$777.00

Claims and awards for application 5085111 — net $777.00 NZD. Verify on MoJ.

Compensation for loss of amenities to do with the garage

Amount: $750.00
Awarded to: Tenant
Reason: Compensation for loss of amenities to do with the garage

Filing fee reimbursement

Amount: $27.00
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $777.00

Total payable by Landlord to Tenant

Tenant $777.00

Claim types — money lines allowed on this order

Compensation Filing Fee

Order

The Tribunal orders suppression of the tenant’s name and identifying details.
By consent, the fixed term tenancy is hereby converted to periodic. Both parties may give relevant notices to end the tenancy under the Residential Tenancies Act 1986.
Property Empire Limited As Agent For Dianne Maxwell must pay [The tenant/s] $777.00 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing by phone.
The tenant seeks to be released from the fixed term tenancy on account of the garage being unsuitable to their requirements. The landlord agrees to convert the existing fixed term tenancy to periodic. I hereby record the parties’ agreement to that effect. To avoid doubt, both landlord and tenant may give relevant notices under the Residential Tenancies Act 1986 to end the periodic tenancy.
As for the tenant’s claim for compensation of $1,500 because the garage was not in a fit condition, the landlord contends that the landlord had never rented out the premises with a lockable garage. The garage is 40 years old and handed over to the tenant on an as-is-where-is condition. The landlord says that the tenant accepted the condition of the garage along with the tenancy of the main house in its current condition with no undertaking made on renovating it.
However, I consider that there is an implied term that chattels and facilities provided with the tenancy must be in good working condition and fit. I find the requirement that a garage should be lockable is basic and fundamental.
For 5 months prior to its repair in November 2024, the roller door was also dented and needed repair before it could be operated.
In effect, the tenant was unable to use the garage as intended from the start of the tenancy to date.
I consider that the landlord is obliged to compensate the tenant for the loss of amenities associated with the imperfect garage to date. I find that an award of general damages in the sum of $750 to be appropriate in the circumstances.
While a work order is also sought by the tenant in respect of the garage, I consider that there has been sufficient give and take by the landlord in releasing the tenants from the fixed term tenancy. Consequently, I have not made a work order against the landlord for it to be made lockable or any further repairs to the garage. The tenant may give appropriate notice to vacate without penalty associated with the existing fixed term tenancy.
As the tenants have been largely successful on this claim, I order the landlord to reimburse the filing fee as well as an order for the tenants’ names to be suppressed.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5085111 — net $777.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation for loss of amenities to do with the garage	$750.00	Compensation for loss of amenities to do with the garage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$777.00
Total payable by Landlord to Tenant	$777.00

Claims and awards for application 5085111 — net $777.00 NZD. Verify on MoJ.

Compensation for loss of amenities to do with the garage

Amount: $750.00
Awarded to: Tenant
Reason: Compensation for loss of amenities to do with the garage

Filing fee reimbursement

Amount: $27.00
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $777.00

Total payable by Landlord to Tenant

Tenant $777.00

Claim types — money lines allowed on this order

Compensation Filing Fee

Order

The Tribunal orders suppression of the tenant’s name and identifying details.
By consent, the fixed term tenancy is hereby converted to periodic. Both parties may give relevant notices to end the tenancy under the Residential Tenancies Act 1986.
Property Empire Limited As Agent For Dianne Maxwell must pay [The tenant/s] $777.00 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing by phone.
The tenant seeks to be released from the fixed term tenancy on account of the garage being unsuitable to their requirements. The landlord agrees to convert the existing fixed term tenancy to periodic. I hereby record the parties’ agreement to that effect. To avoid doubt, both landlord and tenant may give relevant notices under the Residential Tenancies Act 1986 to end the periodic tenancy.
As for the tenant’s claim for compensation of $1,500 because the garage was not in a fit condition, the landlord contends that the landlord had never rented out the premises with a lockable garage. The garage is 40 years old and handed over to the tenant on an as-is-where-is condition. The landlord says that the tenant accepted the condition of the garage along with the tenancy of the main house in its current condition with no undertaking made on renovating it.
However, I consider that there is an implied term that chattels and facilities provided with the tenancy must be in good working condition and fit. I find the requirement that a garage should be lockable is basic and fundamental.
For 5 months prior to its repair in November 2024, the roller door was also dented and needed repair before it could be operated.
In effect, the tenant was unable to use the garage as intended from the start of the tenancy to date.
I consider that the landlord is obliged to compensate the tenant for the loss of amenities associated with the imperfect garage to date. I find that an award of general damages in the sum of $750 to be appropriate in the circumstances.
While a work order is also sought by the tenant in respect of the garage, I consider that there has been sufficient give and take by the landlord in releasing the tenants from the fixed term tenancy. Consequently, I have not made a work order against the landlord for it to be made lockable or any further repairs to the garage. The tenant may give appropriate notice to vacate without penalty associated with the existing fixed term tenancy.
As the tenants have been largely successful on this claim, I order the landlord to reimburse the filing fee as well as an order for the tenants’ names to be suppressed.

Tenancy Tribunal case 5085111 — Tenancy dispute at 345a Panama Road, Mt Wellington, Auckland 1062

At a glance

Award balance

Tenancy Tribunal case 5085111 — Tenancy dispute at 345a Panama Road, Mt Wellington, Auckland 1062

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions