What was Tenancy Tribunal case 5107130 about?

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

How much money was awarded in case 5107130?

Compensation: breach of quiet enjoym…: $200.00 awarded to tenant; Compensation: breach of quiet enjoym…: $350.00 awarded to tenant; Compensation: septic tank issues fro…: $900.00 awarded to tenant; Property Damage: $250.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5107130?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 5107130?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11407878-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5107130 about?

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

How much money was awarded in case 5107130?

Compensation: breach of quiet enjoym…: $200.00 awarded to tenant; Compensation: breach of quiet enjoym…: $350.00 awarded to tenant; Compensation: septic tank issues fro…: $900.00 awarded to tenant; Property Damage: $250.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5107130?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 5107130?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11407878-Tribunal_Order_Redacted.pdf.

48A Erua Road, Ostend, Waiheke Island 1081 Tenancy Tribunal Case 5107130 — Healthy homes

Claims and awards in Tenancy Tribunal application 5107130 — net $1,727.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: septic tank issues from October to December 2024	$900.00	septic tank issues from October to December 2024
Exemplary damages: failure to provide HHS statement at start of tenancy	$250.00	failure to provide HHS statement at start of tenancy
Compensation: breach of quiet enjoyment on 23 November 2024	$200.00	breach of quiet enjoyment on 23 November 2024
Compensation: breach of quiet enjoyment on 4 January 2025	$350.00	breach of quiet enjoyment on 4 January 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,727.00
Total payable by Landlord to Tenant	$1,727.00

Claims and awards in Tenancy Tribunal application 5107130 — net $1,727.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: septic tank issues from October to December 2024	$900.00	septic tank issues from October to December 2024
Exemplary damages: failure to provide HHS statement at start of tenancy	$250.00	failure to provide HHS statement at start of tenancy
Compensation: breach of quiet enjoyment on 23 November 2024	$200.00	breach of quiet enjoyment on 23 November 2024
Compensation: breach of quiet enjoyment on 4 January 2025	$350.00	breach of quiet enjoyment on 4 January 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,727.00
Total payable by Landlord to Tenant	$1,727.00

Order

The Tribunal orders suppression of the tenant’s name and identifying details.
By consent, the fixed term tenancy is converted to periodic with immediate effect.
By consent, the tenant may give 14 days’ notice to end the periodic tenancy.
Cameron Clarke and Tanya Dixon must pay [The tenant/s] $1,727.00 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing.
The tenant wishes to be released from the fixed term tenancy; the landlord consents to the tenant’s request.
By consent, I record the parties’ agreement to convert the fixed term tenancy to periodic immediately, with the tenant being allowed to give only 14 days’ notice to end the tenancy, if the tenant so chooses. Whether the landlord has provided and maintained the septic tank system in a reasonable state of repair
[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must: a) provide and maintain the premises in a reasonable state of repair, and b) comply with any relevant enactment in relation to buildings, health and safety
The tenant claims to suffer from inconvenience and loss of amenities from a faulty septic system on the premises. A building inspector’s report dated 27 November 2024 by We Inspect Ltd procured by the tenant indicates that the septic system is not sanitary and unsafe. The building inspector recommended replacement of the existing system.
The landlord’s septic specialist Natural Flo confirmed in their 10 December 2024 letter that prior to works done on 9 December, there had been seepage of septic water. Septic wastes processing company Greenacres Waiheke noted in their letter of 19 December 2024 that on 25 September, they were commissioned to empty and desludge the septic system and they had found some issues with the septic system then.
The tenant had duly informed the landlord in October 2024 about experiencing discomfort from the sewerage smell. While the tenant maintains that she has been experiencing it for over a year, the tenant has willingly renewed the fixed term tenancy in October 2024 for another year. I consider the tenant’s evidence of long suffering and long discomfort to be inconsistent with her decision to renew the tenancy for a further year in October.
I do accept though that there are issues with the septic system from September 2024 which required repairs and replacement of certain parts to be rendered in good and operational order.
I also accept that the landlord was prepared to attend to the repairs and necessary replacements from October 2024 onwards and the delay in attending to the repairs/replacement were somewhat contributed by the tenant’s unavailability.
I prefer the landlord’s experts’ evidence from Natural Flo and Greenacres Waiheke that the internal upgrade of the Aquatron system to a WormSmart Primary system together with the flushing of the lines have rendered the septic system in good operational order and free from seepage of septic water which was previously occurring. Natural Flo confirms that the system has been tested and found to be working efficiently from 9 December 2024.
There is nothing further from the tenant’s evidence which objectively contradicts the landlord’s evidence concerning the state and operation of the septic system after 9 December 2024.
For the loss of amenities, discomfort and inconvenience suffered by the tenant from October to December 2024 (having regard to the delays which contributed by the tenant), I award the tenant compensation in the form of general damages of $900. Whether the landlord has provided relevant HHS and insulation details on the tenancy agreement
[The tenant/s] claims the landlord has not included healthy homes compliance and insulation statements in the tenancy agreement.
A landlord must include a signed statement in the tenancy agreement that provides the following information: a. whether or not insulation is installed in any ceilings, walls and floors, b. details of the location, type and condition of all insulation installed, and c. level of compliance in respect of healthy homes standards. See sections 13A(1A) and 13A(1CA) Residential Tenancies Act 1986.
Alternatively, if the landlord is unable to provide some or all of the information required, they must include a statement explaining what information cannot be obtained, why it cannot be, and that all reasonable efforts have been made to do so. See section 13A(1B) and (1C) Residential Tenancies Act 1986.
Breaching these obligations is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $750.00. See section 13(1F)(a) and Schedule 1A Residential Tenancies Act 1986.
Cameron Clarke and Tanya Dixonfailed to provide those information as required at the start of the tenancy. The relevant information had only been prepared dated 8 December 2024 and provided at the hearing. I find Cameron Clarke and Tanya Dixon has committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages if it is satisfied that it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
Having regard to those factors, I award exemplary damages against the landlord in the sum of $250.00. Whether the landlord has breached the tenant’s quiet enjoyment of the premises
[The tenant/s] claims the landlord has breached her quiet enjoyment on two separate occasions, on 23 November 2024 and 4 January 2025, when the landlord came onto the grounds of the property to carry out maintenance work.
A landlord must not interfere with the reasonable peace, comfort or privacy of the tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986.
Section 38(1) Residential Tenancies Act 1986 provides that the tenant shall be entitled to have quiet enjoyment of the premises without interruption by the landlord. Under section 38, the definition of premises includes facilities provided by the landlord for the non-exclusive use and enjoyment of the tenant such as any land or buildings intended for use for storage space or for the parking of motor vehicles, recreational areas, and “lawns, gardens, and outhouses”.
Breaching those obligations in circumstances that amount to harassment is an unlawful act for which exemplary damages may be awarded up to a maximum of $3,000.00. See section 38(3) and Schedule 1A RTA.
Harassment means "to trouble, worry or distress" or "to wear out, tire, or exhaust" and "indicates a particular pattern of behaviour directed towards another person". MacDonald v Dodds, CIV-2009-019-001524, DC Hamilton, 26 February 2010.
While the landlord was on the property to carry out maintenance work, I find that the landlord has expressly ignored the tenant’s wishes not to be disturbed before 9am on 23 November and on 4 January (both days being a Saturday) and consequently breached the tenant’s right to quiet enjoyment of the premises.
The landlord’s contention that he was lawfully there to carry out required maintenance work on the septic tank and attending to the lawns which areas are outside the house misses the point of section 38 RTA which specifically prohibits interruption of the tenant’s quiet enjoyment by the landlord. I consider that the landlord should have respected the tenant’s wishes and terms which I consider reasonable.
I award the tenant general damages for her loss of quiet enjoyment on those two occasions in the sum of $200.00 and $350.00 respectively. I have increased the award of compensation for the second breach because I am concerned that the landlord has exhibited an attitude of disregard to the tenant’s rights and wishes in terms of her quiet enjoyment of the property.
I do not consider however that the landlord has breached their obligations in respect of peace, comfort, privacy and quiet enjoyment of the tenant in circumstances that amount to harassment. Consequently, I make no award of exemplary damages against the landlord.
Only the above amounts are proved.

Tenancy Tribunal case 5107130 — Healthy homes at 48A Erua Road, Ostend, Waiheke Island 1081

At a glance

Tenancy Tribunal case 5107130 — Healthy homes at 48A Erua Road, Ostend, Waiheke Island 1081

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions