What was the outcome of Tenancy Tribunal case 5102369?

The tribunal order states: The tenancy of Pania Warren at 35 Moana Road, Paraparaumu, Paraparaumu

How much money was awarded in case 5102369?

Compensation: no carpet in the loung…: $2,500.00 awarded to tenant; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,914.28 awarded to landlord; Rent Owed 25 January - 7 February 20…: $2,000.00 awarded to landlord; Water Rates: $184.87 awarded to landlord

What type of tenancy dispute was case 5102369?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5102369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11350997-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5102369?

The tribunal order states: The tenancy of Pania Warren at 35 Moana Road, Paraparaumu, Paraparaumu

How much money was awarded in case 5102369?

Compensation: no carpet in the loung…: $2,500.00 awarded to tenant; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,914.28 awarded to landlord; Rent Owed 25 January - 7 February 20…: $2,000.00 awarded to landlord; Water Rates: $184.87 awarded to landlord

What type of tenancy dispute was case 5102369?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5102369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11350997-Tenancy_Tribunal_Order.pdf.

35 Moana Road, Paraparaumu, Paraparaumu 5032 Tenancy Tribunal Case 5102369 — Rent arrears

Claims and awards in Tenancy Tribunal application 5102369 — net $4,626.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 24 January 2025	$6,914.28		Rent arrears to 24 January 2025
Rent owed 25 January - 7 February 2025	$2,000.00		Rent owed 25 January - 7 February 2025
Water rates: to 25 September 2024	$184.87		2. The landlord has applied for termination of the tenancy, rent and water rates arrears and refund of the bond.
Filing fee reimbursement	$27.00		Filing fee reimbursement
Compensation: no carpet in the lounge and dining area		$2,500.00	no carpet in the lounge and dining area
Total award	$9,126.15	$2,500.00
Net award	$4,626.15
Total payable by Tenant to Landlord	$4,626.15

Order

The tenancy of Pania Warren at 35 Moana Road, Paraparaumu, Paraparaumu 5032 is terminated, and possession is granted to Columbia Cox and Olivia Jacobs, at 11.59 pm on Friday 7 February 2025.
The Bond Centre is to pay the bond of $2,000.00 (6472925-006) to Columbia Cox and Olivia Jacobs immediately.
Pania Warren must pay Columbia Cox and Olivia Jacobs $4,626.15 on or before 7 February 2025, calculated as shown in the table below:
All other claims are dismissed.

Reasons

Both parties attended the hearing. Ms Warren was allowed a representative because the claims are greater than $6,000.
The landlord has applied for termination of the tenancy, rent and water rates arrears and refund of the bond. The tenant has applied for compensation and exemplary damages because of maintenance breaches and for a market rent assessment. The issues I have to decide are: • How much does the tenant owe for rent and water rates? • Can I decide the market rent claim? • Should the tenant get compensation and exemplary damages? • Should the tenancy end?

How much does the tenant owe for rent and water rates?

The landlord provided rent and water rates records which prove the amount owing at the hearing. The tenant agreed she owes the money.

Can I decide the market rent claim?

The tenant has applied for a market rent assessment. The test for market rent is the amount “a willing landlord might reasonably expect to receive and a willing tenant might reasonably expect to pay for the tenancy”.
Sections 25(1) Residential Tenancies Act 1986 (RTA) provides: (1) On an application made to it at any time by the tenant, the Tribunal may, in accordance with the succeeding provisions of this section, on being satisfied that the rent payable or to become payable for the tenancy exceeds the market rent by a substantial amount, make an order reducing the rent to an amount, to be specified in the order, that is in line with the market rent.
Section 25(2) RTA states that, where the parties have a fixed term tenancy, the application for market rent must be filed no later than three months after the start of the tenancy or the last rent review. The tenant filed her application more than 10 months after the start of the fixed term tenancy and there has not been a rent review. I find I cannot consider the claim for market rent because it is so far out of time that it would be prejudicial to the landlord. The claim for market rent is dismissed.

Should the tenant get compensation and exemplary damages?

The tenant claims that the landlord has breached the obligation under section 45 RTA by failing to provide and maintain the premises in a reasonable state of repair. The claim relates to carpet in the lounge and dining room and the fence. Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200. See section 45(1A) and Schedule 1A RTA.
The tenant said the fence needs repair or replacement because it is flimsy. She has been repairing the fence during the tenancy to keep her dog contained. She provided me with many photos of the fence, and I can see it is getting old. The landlord replied that she agreed the tenant could alter the fence to accommodate her dog. She said she was only made aware of tenant’s concerns at the December inspection, and the fence is still fit for purpose.
This is the tenant’s claim to prove. The photos do not support the claim the fence needs to be replaced or significantly repaired. This claim is dismissed.
The claim for carpet is because the tenant said she was told the lounge and dining room would be carpeted during the tenancy. The tenancy agreement states “Carpet rugs – to be replaced”. The tenant provided me with good photos showing the floor in the dining room is particle board and the lounge is older wooden floorboards. I agree this is not attractive and it is very different from the photos on the trade me advertising. The tenant said dust, draughts and fleas come up through gaps in the floor.
The landlord said there was a discussion at the start of the tenancy and the tenant said she did not want the carpet laid during her tenancy because of the disruption. There is nothing in writing recording this change to the tenancy agreement. The landlord said the tenant had used her own rugs, so there was no real loss, and there were no gaps.
I am not persuaded from the photos that there are gaps. However, I am persuaded there was an agreement to install carpet. I find the tenant should get compensation because of a loss of amenity – namely new carpet in the lounge and dining room. A fair amount of compensation is $40 a week capped at 50 weeks because the landlord offered to install new carpet after the tenant’s application was filed.
I am not inclined to order exemplary damages. I can only order exemplary damages where a party has committed an unlawful act intentionally and it seems most likely there was a misunderstanding here rather than an intention to breach the RTA. See section 109(3) RTA.
After the applications were filed but before the hearing, the tenants sent emails to the Tribunal and to the landlord raising their concern that the landlord attempted to end the tenancy without grounds. The landlord agreed she misinterpreted the law and did not understand that the tenancy would become periodic after 24 January 2025. She wrote a letter apologising in January. This was a breach, but I cannot allow compensation because it is not part of the tenant’s application, and there was no request for the application to be amended.

Should the tenancy end?

Even taking the compensation into account rent was at least 21 days in arrears on the date of the hearing. This means I have the grounds to end the tenancy. The tenancy is terminated. See section 55(1)(a) RTA.
The landlord has agreed the tenant can have another two weeks to move out. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
I have sent a request for the refund of the bond to the Bond Centre.
The landlord clarified at the hearing that the names can be published. The tenant’s application for suppression is not allowed because there is public interest in names when tenants owe rent. See section 95A RTA.

Claims and awards in Tenancy Tribunal application 5102369 — net $4,626.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 24 January 2025	$6,914.28		Rent arrears to 24 January 2025
Rent owed 25 January - 7 February 2025	$2,000.00		Rent owed 25 January - 7 February 2025
Water rates: to 25 September 2024	$184.87		2. The landlord has applied for termination of the tenancy, rent and water rates arrears and refund of the bond.
Filing fee reimbursement	$27.00		Filing fee reimbursement
Compensation: no carpet in the lounge and dining area		$2,500.00	no carpet in the lounge and dining area
Total award	$9,126.15	$2,500.00
Net award	$4,626.15
Total payable by Tenant to Landlord	$4,626.15

Order

The tenancy of Pania Warren at 35 Moana Road, Paraparaumu, Paraparaumu 5032 is terminated, and possession is granted to Columbia Cox and Olivia Jacobs, at 11.59 pm on Friday 7 February 2025.
The Bond Centre is to pay the bond of $2,000.00 (6472925-006) to Columbia Cox and Olivia Jacobs immediately.
Pania Warren must pay Columbia Cox and Olivia Jacobs $4,626.15 on or before 7 February 2025, calculated as shown in the table below:
All other claims are dismissed.

Reasons

Both parties attended the hearing. Ms Warren was allowed a representative because the claims are greater than $6,000.
The landlord has applied for termination of the tenancy, rent and water rates arrears and refund of the bond. The tenant has applied for compensation and exemplary damages because of maintenance breaches and for a market rent assessment. The issues I have to decide are: • How much does the tenant owe for rent and water rates? • Can I decide the market rent claim? • Should the tenant get compensation and exemplary damages? • Should the tenancy end?

How much does the tenant owe for rent and water rates?

The landlord provided rent and water rates records which prove the amount owing at the hearing. The tenant agreed she owes the money.

Can I decide the market rent claim?

The tenant has applied for a market rent assessment. The test for market rent is the amount “a willing landlord might reasonably expect to receive and a willing tenant might reasonably expect to pay for the tenancy”.
Sections 25(1) Residential Tenancies Act 1986 (RTA) provides: (1) On an application made to it at any time by the tenant, the Tribunal may, in accordance with the succeeding provisions of this section, on being satisfied that the rent payable or to become payable for the tenancy exceeds the market rent by a substantial amount, make an order reducing the rent to an amount, to be specified in the order, that is in line with the market rent.
Section 25(2) RTA states that, where the parties have a fixed term tenancy, the application for market rent must be filed no later than three months after the start of the tenancy or the last rent review. The tenant filed her application more than 10 months after the start of the fixed term tenancy and there has not been a rent review. I find I cannot consider the claim for market rent because it is so far out of time that it would be prejudicial to the landlord. The claim for market rent is dismissed.

Should the tenant get compensation and exemplary damages?

The tenant claims that the landlord has breached the obligation under section 45 RTA by failing to provide and maintain the premises in a reasonable state of repair. The claim relates to carpet in the lounge and dining room and the fence. Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200. See section 45(1A) and Schedule 1A RTA.
The tenant said the fence needs repair or replacement because it is flimsy. She has been repairing the fence during the tenancy to keep her dog contained. She provided me with many photos of the fence, and I can see it is getting old. The landlord replied that she agreed the tenant could alter the fence to accommodate her dog. She said she was only made aware of tenant’s concerns at the December inspection, and the fence is still fit for purpose.
This is the tenant’s claim to prove. The photos do not support the claim the fence needs to be replaced or significantly repaired. This claim is dismissed.
The claim for carpet is because the tenant said she was told the lounge and dining room would be carpeted during the tenancy. The tenancy agreement states “Carpet rugs – to be replaced”. The tenant provided me with good photos showing the floor in the dining room is particle board and the lounge is older wooden floorboards. I agree this is not attractive and it is very different from the photos on the trade me advertising. The tenant said dust, draughts and fleas come up through gaps in the floor.
The landlord said there was a discussion at the start of the tenancy and the tenant said she did not want the carpet laid during her tenancy because of the disruption. There is nothing in writing recording this change to the tenancy agreement. The landlord said the tenant had used her own rugs, so there was no real loss, and there were no gaps.
I am not persuaded from the photos that there are gaps. However, I am persuaded there was an agreement to install carpet. I find the tenant should get compensation because of a loss of amenity – namely new carpet in the lounge and dining room. A fair amount of compensation is $40 a week capped at 50 weeks because the landlord offered to install new carpet after the tenant’s application was filed.
I am not inclined to order exemplary damages. I can only order exemplary damages where a party has committed an unlawful act intentionally and it seems most likely there was a misunderstanding here rather than an intention to breach the RTA. See section 109(3) RTA.
After the applications were filed but before the hearing, the tenants sent emails to the Tribunal and to the landlord raising their concern that the landlord attempted to end the tenancy without grounds. The landlord agreed she misinterpreted the law and did not understand that the tenancy would become periodic after 24 January 2025. She wrote a letter apologising in January. This was a breach, but I cannot allow compensation because it is not part of the tenant’s application, and there was no request for the application to be amended.

Should the tenancy end?

Even taking the compensation into account rent was at least 21 days in arrears on the date of the hearing. This means I have the grounds to end the tenancy. The tenancy is terminated. See section 55(1)(a) RTA.
The landlord has agreed the tenant can have another two weeks to move out. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
I have sent a request for the refund of the bond to the Bond Centre.
The landlord clarified at the hearing that the names can be published. The tenant’s application for suppression is not allowed because there is public interest in names when tenants owe rent. See section 95A RTA.

Tenancy Tribunal case 5102369 — Rent arrears at 35 Moana Road, Paraparaumu, Paraparaumu 5032

At a glance

Tenancy Tribunal case 5102369 — Rent arrears at 35 Moana Road, Paraparaumu, Paraparaumu 5032

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much does the tenant owe for rent and water rates?

Can I decide the market rent claim?

Should the tenant get compensation and exemplary damages?

Should the tenancy end?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much does the tenant owe for rent and water rates?

Can I decide the market rent claim?

Should the tenant get compensation and exemplary damages?

Should the tenancy end?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions