Published tribunal order
Tenancy Tribunal case 5121493 — Unit Titles at Unit/Flat Apartment 302B, 770 Great South Road, Wiri,
Decided 13 Aug 2025 · Published 13 Aug 2025 · Application 5121493
- Unit Titles
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the [The tenant/s] name and identifying details.
- The Rent Shop Limited as Agents for Tane Taylor Ruby O’Donnell must pay [The tenant/s] $575.75, as per the order below, plus the filing fee of $27.
Reasons
- Both parties attended the hearing.
- The tenants claim refund of the bond as well as damages following the ending of the tenancy. I am informed by the Bond Centre that the bond has already been refunded so I am only dealing with the question of losses arising as a result of the ending of the tenancy.
- This tenancy commenced on 19 April 2024 and was brought to an abrupt end on 9 December 2024 when the tenants received a request from the landlord to immediately vacate the premises due to a burst water pipe.
- The landlord sent the tenants an email at about this time, saying it would cover alternative accommodation costs at one of two other Ramada hotels, including Albany. The landlord was copying and pasting that advice from a communication it had had with the Body Corporate.
- This is not disputed by the landlord and a copy of the relevant letter was provided to me.
- The tenants secured accommodation at the Ramada at Albany, in reliance on that advice. This was a very long way from [Tenant 1]’s place of work. [Tenant 1] lives with this elderly mother, and this was a very stressful event for them both.
- At short notice, he had to find movers to move all their belongings to a new apartment. Some of their belongings had to go into storage.
- The landlord provided a rent summary, and it is not disputed by the parties that following the ending of the tenancy the landlord paid three amounts to the tenants, being $2605.18, $97.33 and $125.49. The total is $2828.
- Regarding the burden of proof, the obligation is on the tenants to prove their claims on the balance of probabilities. They must prove that it is more probable than not that the landlord breached the tenancy agreement and that the losses they have claimed are reasonably foreseeable. They must make their submissions at the hearing itself to explain what they are claiming. Is the landlord liable to the tenants for their losses.
- Under s 37 of the Residential Tenancies Act 1986, a tenant is entitled to vacant possession of premises. Clearly it is a key term of a tenancy agreement that premises be provided and without a doubt, the failure to provide premises that are uninhabitable either due to a natural disaster or a pipe bursting is a repudiation of the agreement, bringing the tenancy agreement to an end.
- The landlord does not dispute that the tenancy came to an end on 9 December or that it passed on information it had been given by the Body Corporate to the effect that the tenants would be entitled to reimbursement as noted above. Regardless, I consider the tenants are liable to reasonably foreseeable losses in accordance with the usual contract principles.
- The tenants claim: a) Reimbursement of the Ramada accommodation costs of $2380. This was over a period of time of 11 days, being the length of time it took to find other accommodation. b) Reimbursement of moving costs of $948.75 c) Reimbursement of $75 for storage.
- Invoices for all these sums were provided to the Tribunal. The sub-total is $3,403.75.
- I consider them all to be reasonably foreseeable. They must be paid to the tenants, subject to the deduction below.
- I have considered whether added to this sum should be the ongoing payment of rent from 9 to 20 December of $887.86. The rent summary shows that the tenants paid rent after 9 December, which is when the tenancy (and their obligation to pay rent) came to an end. The tenants had paid their weekly rent of $565 ($80.72 per day) up to 20 December. So they had paid an additional 11 days rent (or $887.86).
- I consider this sum should not be added because the tenants always had the obligation to pay rent to a landlord over this period of time. It would be a form of double compensation to allow them to recover both the Ramada Albany costs and the amounts they continued to pay for rent.
- However, from this sum ordered to be paid above must be deducted the amounts the landlord has already remitted to the tenants, as noted above, being $2828.
- The final tally to be paid to the tenants by way of compensation is $575.75
- Because the tenants have succeeded with the claim I must reimburse the filing fee. I also award them name suppression.