How much money was awarded in case 5093808?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5093808?

The dispute type was not classified.

Where can I read the official tribunal order for case 5093808?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11421132-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5093808?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5093808?

The dispute type was not classified.

Where can I read the official tribunal order for case 5093808?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11421132-Tribunal_Order_Redacted.pdf.

51 Stembridge Road, Ngongotaha, Rotorua 3010 Tenancy Tribunal Case 5093808 — Tenancy dispute

Q: What was Tenancy Tribunal case 5093808 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
The tenant can install a toilet roll holder that is attached to the wall by the toilet in the bathroom.
Stephen and Diane McPherson, Sarah Troughton acting as agent must pay [The tenant/s] $27.00 immediately, being the application filing fee.

Reasons

Both parties attended the hearing. Ms Troughton represented the landlord as their property manager.
The tenant claims reimbursement for a hoodie damaged when the decks and the house were cleaned and for permission to install a toilet roll holder in the bathroom.
After the application was filed and before the hearing the tenant received an invoice from the landlord for $1200 being “Labour involved with tenancy tribunal application, investigation and evidence”. I have advised the parties that the landlord cannot claim these costs from the tenant because this is not allowed by section 102 of the Residential Tenancies Act 1986 (RTA). I note the landlord was not legally represented at the hearing and the claim is not vexatious.
The tenant has likewise received a 90 day notice given on 3 February 2025. She believes this notice is retaliatory. She will need to file another application if she wants the Tribunal to consider setting aside the notice.

Should the landlord pay for the hoodie?

The tenant has claimed the cost of a replacement hoodie. She submitted the hoodie was damaged when the house and decks were being washed. The landlord does not agree to the claim. This is the tenant’s claim to prove. I have been provided with photos of the damaged hoodie and with a photo taken from a security camara showing a dry spot where the hoodie was lying. I am not persuaded by this evidence. This claim is dismissed.

Can the tenant install a toilet roll holder?

The tenant claims the landlord has not responded to a written request for consent for a toilet roll holder. The RTA states that a landlord must respond to a written request for consent for a fixture, renovation alteration or addition within 21 days after receiving the request and indicate whether or not it is considered a minor change. The landlord cannot unreasonably withhold consent to a minor change to the premises. See 42A and 42B(1) RTA.
The tenant said she wants a toilet roll holder that is attached to the wall. She will buy one that matches the towel holder in the same bathroom. The landlord does not want any holes in the walls because the house is a lockwood house. They have offered to buy a moveable toilet roll stand.
The tenant submitted that she will pay for the toilet roll holder and leave it at the end of the tenancy. She said sitting toilet rolls on the vanity is not acceptable because they get wet. She said she has used a moveable stand before and this is not acceptable in this bathroom because it is a small space and it kept getting knocked over.
I find the installation of a toilet roll holder that can be attached to the wall is allowed. I find this is a minor alteration and the landlord’s refusal is not reasonable. It is completely usual to have a toilet roll holder attached by the toilet, even in a lockwood house.
I note the tenant has offered to leave the holder at the end of the tenancy. This seems sensible because of the wooden walls. However, this is something that should be discussed at the end of the tenancy. I note the law requires the tenants to return the premises to a condition that was substantially – not exactly - the same as the condition prior to a minor change being made by the tenant. See section 42B RTA. Other orders
Because the tenant has substantially succeeded with the claim I have reimbursed the filing fee.
The tenant’s application for suppression is allowed because she is the most successful party. The landlord’s name is published because there is public interest when landlords withhold consent for a minor alteration.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.

The tenant can install a toilet roll holder that is attached to the wall by the toilet in the bathroom.

Stephen and Diane McPherson, Sarah Troughton acting as agent must pay [The tenant/s] $27.00 immediately, being the application filing fee.

Reasons

Both parties attended the hearing. Ms Troughton represented the landlord as their property manager.

The tenant claims reimbursement for a hoodie damaged when the decks and the house were cleaned and for permission to install a toilet roll holder in the bathroom.

After the application was filed and before the hearing the tenant received an invoice from the landlord for $1200 being “Labour involved with tenancy tribunal application, investigation and evidence”. I have advised the parties that the landlord cannot claim these costs from the tenant because this is not allowed by section 102 of the Residential Tenancies Act 1986 (RTA). I note the landlord was not legally represented at the hearing and the claim is not vexatious.

The tenant has likewise received a 90 day notice given on 3 February 2025. She believes this notice is retaliatory. She will need to file another application if she wants the Tribunal to consider setting aside the notice.

Should the landlord pay for the hoodie?

The tenant has claimed the cost of a replacement hoodie. She submitted the hoodie was damaged when the house and decks were being washed. The landlord does not agree to the claim. This is the tenant’s claim to prove. I have been provided with photos of the damaged hoodie and with a photo taken from a security camara showing a dry spot where the hoodie was lying. I am not persuaded by this evidence. This claim is dismissed.

Can the tenant install a toilet roll holder?

The tenant claims the landlord has not responded to a written request for consent for a toilet roll holder. The RTA states that a landlord must respond to a written request for consent for a fixture, renovation alteration or addition within 21 days after receiving the request and indicate whether or not it is considered a minor change. The landlord cannot unreasonably withhold consent to a minor change to the premises. See 42A and 42B(1) RTA.

The tenant said she wants a toilet roll holder that is attached to the wall. She will buy one that matches the towel holder in the same bathroom. The landlord does not want any holes in the walls because the house is a lockwood house. They have offered to buy a moveable toilet roll stand.

The tenant submitted that she will pay for the toilet roll holder and leave it at the end of the tenancy. She said sitting toilet rolls on the vanity is not acceptable because they get wet. She said she has used a moveable stand before and this is not acceptable in this bathroom because it is a small space and it kept getting knocked over.

I find the installation of a toilet roll holder that can be attached to the wall is allowed. I find this is a minor alteration and the landlord’s refusal is not reasonable. It is completely usual to have a toilet roll holder attached by the toilet, even in a lockwood house.

I note the tenant has offered to leave the holder at the end of the tenancy. This seems sensible because of the wooden walls. However, this is something that should be discussed at the end of the tenancy. I note the law requires the tenants to return the premises to a condition that was substantially – not exactly - the same as the condition prior to a minor change being made by the tenant. See section 42B RTA. Other orders

Because the tenant has substantially succeeded with the claim I have reimbursed the filing fee.

The tenant’s application for suppression is allowed because she is the most successful party. The landlord’s name is published because there is public interest when landlords withhold consent for a minor alteration.

Tenancy Tribunal case 5093808 — Tenancy dispute at 51 Stembridge Road, Ngongotaha, Rotorua 3010

At a glance

Claims & awards

Tenancy Tribunal case 5093808 — Tenancy dispute at 51 Stembridge Road, Ngongotaha, Rotorua 3010

At a glance

Claims & awards

Order

Reasons

Should the landlord pay for the hoodie?

Can the tenant install a toilet roll holder?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Should the landlord pay for the hoodie?

Can the tenant install a toilet roll holder?

Topics & place

Residential Tenancies Act sections

Frequently asked questions