What was Tenancy Tribunal case 5141688 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 5141688?

Rent Arrears: $1,542.86 awarded to landlord

What type of tenancy dispute was case 5141688?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5141688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11512606-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5141688 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 5141688?

Rent Arrears: $1,542.86 awarded to landlord

What type of tenancy dispute was case 5141688?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5141688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11512606-Tribunal_Order_Redacted.pdf.

67A Calgary Street, Mount Eden, Auckland 1041 Tenancy Tribunal Case 5141688 — Rent arrears

Claims and awards in Tenancy Tribunal application 5141688. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 12 January 2025	$1,542.86		Rent arrears to 12 January 2025
Bond		$2,700.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord name and identifying details.
The Bond Centre is to pay the bond of $2,700.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,542.86 [The tenant/s]: $1,157.14
The term of the fixed-term tenancy of [The tenant/s] at 67A Calgary Street, Mount Eden, Auckland 1041 is reduced and now ends at 11.59pm, Sunday 12 January 2025.

Reasons

Both parties attended the hearing.
The tenancy was for a fixed term due to end on 4 April 2025. The tenant moved out on 12 January 2025.
The landlord has applied for rent arrears. The rent summary provided by the landlord did not include any total amounts or rent reductions that had been agreed. In future the landlord should produce a rent summary which sets out when the rent was due, when the rent was paid or not paid, and a running total of the arrears.
The landlord seeks rent arrears to 14 February 2025 which is the day before the new tenancy commenced on 15 February 2025.
The tenant has applied for reduction of the fixed-term tenancy due to end on 4 April 2025.
The Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and b. there would be severe hardship to the applicant if the term is not reduced; and c. the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986.
There has been an unforeseen change in the tenant's circumstances. On 3 December 2024 the tenant emailed the landlord about mould in the premises. The tenant sent photographs of the mould and damage to some of their belongings. At the same time the tenant advised that his partner was pregnant and due to the mould, and therefore the premises were not suitable to live in.
The tenant would suffer severe hardship if the term of the tenancy were not reduced. The tenant submitted a letter from his doctor stating that he has developed persistent respiratory symptoms consistent with reactive airways. The doctor recommended that the mould problem be immediately rectified, and if it cannot be, that the tenant move to a residence that is warm and dry without any mould. The other tenant was pregnant.
The landlord acknowledged that there was mould in the premises but considered this to be a problem for the tenant. The tenant said that the front house, which is a separate tenancy, also reported problems with mould but this was denied by the landlord.
In Warwick Todd Ltd v Tapper TT1381/02, Christchurch, 14/089/2002, it was said: “A tenant must also tell the landlord where there is a mould problem so that the necessary action can be taken. The landlord is also required to provide premises that are not prone to mould. If the premises have an inherent problem, such as bad construction or water lying under the premises, the landlord has the responsibility to remedy the fault. Premises must be able to be used and lived in, in the normal responsible way, without mould developing. If this can not be done then it is the landlord problem. If the tenant fails to ventilate and heat appropriately when heating and ventilation is available, then it is the tenant’s problem.”
The landlord did not investigate the cause of the mould. The landlord did not have an independent Healthy Homes assessment and instead produced the part of the tenancy agreement which is where the landlord ticks the boxes in relation to compliance with the Healthy Homes standards. The landlord said that the premises are exempt for underfloor insulation and the vapour barrier. The tenant queried whether the bathroom ventilation was vented to the exterior. All of this would be answered with an independent assessment. It also may provide a possible cause for the mould.
The landlord would suffer hardship if the term is reduced. The hardship would be a reduction in the rent arrears awarded.
I find that the tenant’s hardship would be greater than the landlord’s hardship. The tenancy is to end on 12 January 2025 and therefore the tenant is only liable for rent arrears to that date. The bond is released to the landlord for rent arrears and the balance to the tenant.
As both parties have had some success with their applications I make no award for reimbursement of the filing fee. For the same reason the names of both parties are suppressed as sought.

Claims and awards in Tenancy Tribunal application 5141688. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 12 January 2025	$1,542.86		Rent arrears to 12 January 2025
Bond		$2,700.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord name and identifying details.
The Bond Centre is to pay the bond of $2,700.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,542.86 [The tenant/s]: $1,157.14
The term of the fixed-term tenancy of [The tenant/s] at 67A Calgary Street, Mount Eden, Auckland 1041 is reduced and now ends at 11.59pm, Sunday 12 January 2025.

Reasons

Both parties attended the hearing.
The tenancy was for a fixed term due to end on 4 April 2025. The tenant moved out on 12 January 2025.
The landlord has applied for rent arrears. The rent summary provided by the landlord did not include any total amounts or rent reductions that had been agreed. In future the landlord should produce a rent summary which sets out when the rent was due, when the rent was paid or not paid, and a running total of the arrears.
The landlord seeks rent arrears to 14 February 2025 which is the day before the new tenancy commenced on 15 February 2025.
The tenant has applied for reduction of the fixed-term tenancy due to end on 4 April 2025.
The Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and b. there would be severe hardship to the applicant if the term is not reduced; and c. the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986.
There has been an unforeseen change in the tenant's circumstances. On 3 December 2024 the tenant emailed the landlord about mould in the premises. The tenant sent photographs of the mould and damage to some of their belongings. At the same time the tenant advised that his partner was pregnant and due to the mould, and therefore the premises were not suitable to live in.
The tenant would suffer severe hardship if the term of the tenancy were not reduced. The tenant submitted a letter from his doctor stating that he has developed persistent respiratory symptoms consistent with reactive airways. The doctor recommended that the mould problem be immediately rectified, and if it cannot be, that the tenant move to a residence that is warm and dry without any mould. The other tenant was pregnant.
The landlord acknowledged that there was mould in the premises but considered this to be a problem for the tenant. The tenant said that the front house, which is a separate tenancy, also reported problems with mould but this was denied by the landlord.
In Warwick Todd Ltd v Tapper TT1381/02, Christchurch, 14/089/2002, it was said: “A tenant must also tell the landlord where there is a mould problem so that the necessary action can be taken. The landlord is also required to provide premises that are not prone to mould. If the premises have an inherent problem, such as bad construction or water lying under the premises, the landlord has the responsibility to remedy the fault. Premises must be able to be used and lived in, in the normal responsible way, without mould developing. If this can not be done then it is the landlord problem. If the tenant fails to ventilate and heat appropriately when heating and ventilation is available, then it is the tenant’s problem.”
The landlord did not investigate the cause of the mould. The landlord did not have an independent Healthy Homes assessment and instead produced the part of the tenancy agreement which is where the landlord ticks the boxes in relation to compliance with the Healthy Homes standards. The landlord said that the premises are exempt for underfloor insulation and the vapour barrier. The tenant queried whether the bathroom ventilation was vented to the exterior. All of this would be answered with an independent assessment. It also may provide a possible cause for the mould.
The landlord would suffer hardship if the term is reduced. The hardship would be a reduction in the rent arrears awarded.
I find that the tenant’s hardship would be greater than the landlord’s hardship. The tenancy is to end on 12 January 2025 and therefore the tenant is only liable for rent arrears to that date. The bond is released to the landlord for rent arrears and the balance to the tenant.
As both parties have had some success with their applications I make no award for reimbursement of the filing fee. For the same reason the names of both parties are suppressed as sought.

Tenancy Tribunal case 5141688 — Rent arrears at 67A Calgary Street, Mount Eden, Auckland 1041

At a glance

Tenancy Tribunal case 5141688 — Rent arrears at 67A Calgary Street, Mount Eden, Auckland 1041

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions