What was Tenancy Tribunal case 5128068 about?

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

How much money was awarded in case 5128068?

Compensation: $4,291.92 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5128068?

The primary dispute was State of repair.

Where can I read the official tribunal order for case 5128068?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11578672-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5128068 about?

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

How much money was awarded in case 5128068?

Compensation: $4,291.92 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5128068?

The primary dispute was State of repair.

Where can I read the official tribunal order for case 5128068?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11578672-Tribunal_Order_Redacted.pdf.

23 Lyon Street, Frankton, Hamilton 3204 Tenancy Tribunal Case 5128068 — State of repair

Reasons

Claims and awards in Tenancy Tribunal application 5128068 — net $4,318.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation – failure to maintain	$4,291.92	claim for exemplary damages and weighing the substantive merits and justice, I find that her claim for compensation is fair, reasonable and proportionate. Whil…
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,318.92
Total payable by Landlord to Tenant	$4,318.92

Both parties attended the hearing via teleconference.

This tenancy commenced on 20 November 2018 and ended on 19 April 2024.

[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 (RTA). The tenant says the premises were mouldy from the start and this caused damage to their bedding and belongings which had to be replaced when they moved out. The tenant says she raised concerns on many occasions and she was mostly ignored.

Under section 45, a landlord must [of relevance here] provide and maintain the premises in a reasonable state of repair and comply with any relevant enactment in relation to buildings, health and safety.

The provision of an approved form of heating for every living room is one of the requirements set out in the Housing Improvement Regulations 1947 (Regulation 6). In addition, Regulation 15 requires that every house shall be free from dampness therefore landlords must provide a house that is not prone to mould and promptly fix any defect creating mould.

The landlord says he commissioned a Healthy Homes Report in 2021 which did raise some issues, but the date of compliance for the premises is 1 July 2025. The landlord says that stormwater repairs were done in 2021, insulation was adequate in 2018 and topped up in 2022, and a shower fan installed in 2022. The landlord does not dispute the house is old but he says it is not in a bad state.

I find that the landlord has breached their maintenance obligations. The tenant commissioned a Healthy Homes Report in September 2023 which raises serious concerns about extensive mould ingrained in the building fabric. I find it likely that the mould has been caused by unflued gas heaters which are not approved forms of heating, there is no extraction fan in the kitchen, and the fan in the bathroom is not adequate. There are many windows that either do not latch closed or cannot be secured in the open position. The photographs provided by the tenant show the mould is extensive and the windows, frames and woodwork are dilapidated. The tenant’s social worker reiterated these concerns (and others) in November 2023 but the landlord failed to carry out any measures to rectify. The tenant had raised her concerns as early as 2021, and the defects would have been obvious from visual inspections.

Bearing in mind that the tenant has not made any claim for exemplary damages and weighing the substantive merits and justice, I find that her claim for compensation is fair, reasonable and proportionate. While the skip bin may have included other more general rubbish, in these circumstances it is fair and reasonable that the tenant be reimbursed for having to dispose of all her soiled belongings. The tenant has had to endure defects throughout the tenancy which have accumulated and contributed to damp, cold and mouldy conditions and loss of amenity; particularly in the colder months.

I award $4,291.92 as claimed.

As the tenant has wholly succeeded with the claim, the landlord must reimburse the filing fee.

The tenant is entitled to name suppression as claimed on her application form.

Claims and awards in Tenancy Tribunal application 5128068 — net $4,318.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation – failure to maintain	$4,291.92	claim for exemplary damages and weighing the substantive merits and justice, I find that her claim for compensation is fair, reasonable and proportionate. Whil…
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,318.92
Total payable by Landlord to Tenant	$4,318.92

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
Lodge City Rentals Limited As Agent For W. Alley And S. Alley-Young must pay [The tenant/s] $4,318.92 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing via teleconference.
This tenancy commenced on 20 November 2018 and ended on 19 April 2024.
[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 (RTA). The tenant says the premises were mouldy from the start and this caused damage to their bedding and belongings which had to be replaced when they moved out. The tenant says she raised concerns on many occasions and she was mostly ignored.
Under section 45, a landlord must [of relevance here] provide and maintain the premises in a reasonable state of repair and comply with any relevant enactment in relation to buildings, health and safety.
The provision of an approved form of heating for every living room is one of the requirements set out in the Housing Improvement Regulations 1947 (Regulation 6). In addition, Regulation 15 requires that every house shall be free from dampness therefore landlords must provide a house that is not prone to mould and promptly fix any defect creating mould.
The landlord says he commissioned a Healthy Homes Report in 2021 which did raise some issues, but the date of compliance for the premises is 1 July 2025. The landlord says that stormwater repairs were done in 2021, insulation was adequate in 2018 and topped up in 2022, and a shower fan installed in 2022. The landlord does not dispute the house is old but he says it is not in a bad state.
I find that the landlord has breached their maintenance obligations. The tenant commissioned a Healthy Homes Report in September 2023 which raises serious concerns about extensive mould ingrained in the building fabric. I find it likely that the mould has been caused by unflued gas heaters which are not approved forms of heating, there is no extraction fan in the kitchen, and the fan in the bathroom is not adequate. There are many windows that either do not latch closed or cannot be secured in the open position. The photographs provided by the tenant show the mould is extensive and the windows, frames and woodwork are dilapidated. The tenant’s social worker reiterated these concerns (and others) in November 2023 but the landlord failed to carry out any measures to rectify. The tenant had raised her concerns as early as 2021, and the defects would have been obvious from visual inspections.
Bearing in mind that the tenant has not made any claim for exemplary damages and weighing the substantive merits and justice, I find that her claim for compensation is fair, reasonable and proportionate. While the skip bin may have included other more general rubbish, in these circumstances it is fair and reasonable that the tenant be reimbursed for having to dispose of all her soiled belongings. The tenant has had to endure defects throughout the tenancy which have accumulated and contributed to damp, cold and mouldy conditions and loss of amenity; particularly in the colder months.
I award $4,291.92 as claimed.
As the tenant has wholly succeeded with the claim, the landlord must reimburse the filing fee.
The tenant is entitled to name suppression as claimed on her application form.

Tenancy Tribunal case 5128068 — State of repair at 23 Lyon Street, Frankton, Hamilton 3204

At a glance

Tenancy Tribunal case 5128068 — State of repair at 23 Lyon Street, Frankton, Hamilton 3204

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