What was Tenancy Tribunal case 5160531 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 5160531?

Compensation: $600.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5160531?

The dispute type was not classified.

Where can I read the official tribunal order for case 5160531?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11836788-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5160531 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 5160531?

Compensation: $600.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5160531?

The dispute type was not classified.

Where can I read the official tribunal order for case 5160531?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11836788-Tribunal_Order_Redacted.pdf.

56 Bristol Street, St Albans, Christchurch 8014 Tenancy Tribunal Case 5160531 — Tenancy dispute

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5160531 — net $627.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation – loss of enjoyment of tenancy	$600.00	Compensation – loss of enjoyment of tenancy
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$627.00
Total payable by Landlord to Tenant	$627.00

Both parties attended the hearing on 12 May 2025. Ms MacGregor and Ms Matthews represented the landlord.

The tenants have applied for compensation equivalent to 4 weeks’ rent ($4,800.00) arising from their loss of enjoyment of the tenancy following a section of ceiling falling down. Background

The tenancy started on 2 February 2024 and ended on 2 February 2025.

On 27 December 2024, a part of the ceiling in the lounge area fell down affected by a leak from a faulty section of guttering.

The repair of the affected ceiling was delayed for 3 main reasons. First, the weather pattern at that time resulted in rain on several days so the first plumbing contractor could not complete the guttering repair quickly. Second, the landlord’s contracted builder delayed repairing the affected area of ceiling so another contractor had to be engaged. And third, the first part of the period was holiday time and that probably caused delays as well.

The ceiling was repaired on 24 January 2025.

The tenants vacated the premises on 4 January 2025. They had earlier entered a new tenancy on 21 December 2024, but were obliged to pay rent on this tenancy as well.

When the tenants raised the issue of compensation, the owners of the property were not prepared to consider that because the leak resulting in the ceiling collapse was an unforeseen event.

The tenants filed this application when they could not reach a resolution of the compensation issue. Issue

The Tribunal must decide whether the tenants have proved a case for compensation and if so, how much they should be awarded. Relevant law

Section 45 of the Residential Tenancies Act 1986 (RTA) sets out a landlord’s responsibilities. Included among them are the responsibility to provide the premises in a reasonably clean state; to provide and maintain the premises in a reasonable state of repair (having regard to the age and character of the premises); and to comply with the Healthy Homes Standards (HHS). Compensation

The Tribunal may award compensation to a party for losses arising from a proven breach or breaches by the other party of their statutory responsibilities.

Compensation is generally awarded for actual losses and sometimes for less tangible effects of proven breaches such as a loss of enjoyment of the tenancy and the accompanying stress and anxiety.

In Birch v Otautahi Community Housing Trust 1 the District Court confirmed that the Tribunal must consider the following factors when deciding to award compensation: • The nature of the breach; • The duration of the breach; and • The effect of the breach on the party. Discussion

The tenants referred to the premises not being compliant with the Health Homes Standards (HHS) after the leak and after the section of ceiling fell down.

I explained that premises that are HHS compliant do not suddenly become HHS non-compliant just because a repair is needed after an unforeseen event.

There is no issue here about HHS non-compliance and no case for awarding exemplary damages. The tenants accepted that.

Rather, what the tenants seek is compensation for their loss of enjoyment of the tenancy due to the month during which there was a large hole in the ceiling resulting in dampness, draught, and an unpleasant smell.

The evidence does not establish that the tenants had to vacate the premises due to this event. I find that they chose that option because they had already entered another tenancy (with the same property management company), so it was convenient for them to move.

A claim for compensation equivalent to 4 weeks’ rent is unrealistic. The evidence does not establish that the premises were uninhabitable. Even if they had been, the Tribunal would not have relieved the tenants fully of their obligation to pay rent.

Compensation (unlike exemplary damages) is not punitive; it recognises loss, in this case, a loss of enjoyment of the tenancy due to the hole in the ceiling after the leaking event. 1 [2020] NZDC 17667

The breach by the landlord failing to have the ceiling more promptly repaired was due to circumstances largely beyond its control: the time of year, the weather, and the tardiness of the first contractor.

But the tenants did experience some loss of enjoyment. For that loss I award them compensation of $600.00, which equates to about $150.00 per week for the relevant period. Result

The landlord will pay the tenants compensation of $600.00 together with the filing fee of $27.00 on the successful application. Name suppression

The landlord did not seek an order for name suppression. The tenants sought, and are entitled to, name suppression as the application is successful – see section 95A RTA.

Reasons

Claims and awards in Tenancy Tribunal application 5160531 — net $627.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation – loss of enjoyment of tenancy	$600.00	Compensation – loss of enjoyment of tenancy
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$627.00
Total payable by Landlord to Tenant	$627.00