How much money was awarded in case 5164602?

Compensation: Garage & Woodshed: $375.00 awarded to tenant; Compensation: Oven: $375.00 awarded to tenant; Property Damage: $250.00 awarded to tenant; Smoke Alarms: $1,500.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5164602?

The primary dispute was Smoke alarms. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5164602?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11892107-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5164602?

Compensation: Garage & Woodshed: $375.00 awarded to tenant; Compensation: Oven: $375.00 awarded to tenant; Property Damage: $250.00 awarded to tenant; Smoke Alarms: $1,500.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5164602?

The primary dispute was Smoke alarms. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5164602?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11892107-Tribunal_Order_Redacted.pdf.

56 Bunyan Road, Coastlands, Whakatane 3120 Tenancy Tribunal Case 5164602 — Smoke alarms

Q: What was Tenancy Tribunal case 5164602 about?

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

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5164602 — net $2,527.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Oven	$375.00	Oven
Compensation: Garage & Woodshed	$375.00	Garage & Woodshed
Exemplary damages: HH statement	$250.00	HH statement
Exemplary damages: Smoke alarms	$1,500.00	Smoke alarms
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,527.00
Bond	$1,000.00
Total payable by Landlord to Tenant	$2,527.00

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.

The Bond Centre is to pay the bond of $1,000.00 ([Bond number suppressed]) to [The tenant/s] immediately.

Heather Assink must pay [The tenant/s] $2,527.00 immediately.

Reasons

Both parties attended the hearing.

The tenant seeks a refund of her bond, compensation and exemplary damages totalling $10,000.00 for the following: -No smoke alarms. -Loss of amenity – oven, woolshed and garage. -No Healthy Homes statement. -Breach of quiet enjoyment.

This tenancy lasted around 15 weeks.

The onus is on the tenant to prove the claim on the balance of probabilities. Bond

Bonds are provided by tenants as security for the observance and performance of their obligations and remain the tenant’s property unless the tenant agrees to pay it to the landlord or the Tribunal so orders.

The landlord does not dispute the tenant’s claim for the bond.

I therefore order the bond be refunded to the tenant in full. Smoke alarms

[The tenant/s].

Under section 45 of the Residential Tenancies Act 1986 (RTA), a landlord must comply with all requirements in respect of smoke alarms and insulation set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.

The landlord says there was one smoke alarm outside the bathroom situated close to the bedrooms.

The landlord’s witness did not view the premises until after this tenancy ended therefore her testimony was brief and not relevant.

I find that the landlord has breached her obligations and committed an unlawful act. The landlord did not fill out the relevant section of the tenancy agreement relating to smoke alarms, and she was unable to provide any other evidence that a working smoke alarm was provided at the start of this tenancy.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied 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.

The legal requirements around smoke alarms are not conditional obligations but mandatory. The public interest is high in ensuring that landlords fulfil their obligations in relation to smoke alarms given the potential for dire consequences. If no penalty is imposed there can be no deterrent. Weighing the relative merits and justice, I make an award of $1,500.00 exemplary damages as claimed. Loss of amenity – oven, garage and woolshed

The tenant is seeking compensation for loss of the oven throughout this tenancy due to a faulty oven door, and the loss of use of part the garage and woolshed. The tenant says she had to use her air fryer as the oven was not fixed, and she asked the landlord to remove their belongings from the garage and woolshed, but they refused.

The landlord says the tenant rented the premises as is where is. The landlord agrees it took too long to fix the oven door and says she was let down by contractors.

I find that the tenant has suffered a loss of amenity for the oven, garage and woolshed. The tenant is entitled to vacant possession of all areas at the start of the tenancy unless the tenancy agreement states otherwise.

I award $375.00 for the oven, and an additional $375.00 for the garage and woolshed, as fair, reasonable and proportionate compensation for the loss. No Healthy Homes statement

[The tenant/s]

A landlord must ensure the tenancy agreement includes a signed statement from the landlord about their level of compliance with the Healthy Homes Standards. See section 13 Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act, for which the Tribunal may award exemplary damages up to a maximum of $750.00. See section 13A(1F)(a) 13(4) and Schedule 1A Residential Tenancies Act 1986.

I find the landlord has committed an unlawful act.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where 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.

I find it just to award $250.00 exemplary damages. The public interest is high in ensuring landlords fulfil their obligation to fully inform tenants about the level of compliance with Healthy Homes Standards relevant to the premises. This is so that a tenant may make an informed decision before they sign up to a tenancy. Breach of quiet enjoyment

[The tenant/s] The tenant says the landlord collected her mail from the mailbox without notifying her first.

A landlord must not cause or permit any 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.

I dismiss this part of the tenant’s claim. There is no dispute that the tenant was aware an elderly neighbour may use the shortcut from time to time as he had been doing so for 20 years. I find no evidence that the neighbour breached the tenant’s quiet enjoyment. I accept the landlord’s evidence that she did speak to the people using the paddock and the tenant did not provide any evidence that this was an ongoing problem. Although I agree that it would have been better for the landlord to give the tenant a heads-up when she was collecting her post, this does not constitute a breach of the tenant’s quiet enjoyment. Filing fee

As the tenant has partly succeeded with the claim, the landlord must reimburse the filing fee. Name suppression

Section 95A of the Act provides that the Tribunal must order suppression if the party applying for it has been wholly or substantially successful in the proceedings.

The tenant is therefore entitled to name suppression as requested.

The landlord did not seek name suppression.

Order

Claims and awards in Tenancy Tribunal application 5164602 — net $2,527.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Oven	$375.00	Oven
Compensation: Garage & Woodshed	$375.00	Garage & Woodshed
Exemplary damages: HH statement	$250.00	HH statement
Exemplary damages: Smoke alarms	$1,500.00	Smoke alarms
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,527.00
Bond	$1,000.00
Total payable by Landlord to Tenant	$2,527.00

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.

The Bond Centre is to pay the bond of $1,000.00 ([Bond number suppressed]) to [The tenant/s] immediately.

Heather Assink must pay [The tenant/s] $2,527.00 immediately.

Reasons

Both parties attended the hearing.

This tenancy lasted around 15 weeks.

The onus is on the tenant to prove the claim on the balance of probabilities. Bond

The landlord does not dispute the tenant’s claim for the bond.

I therefore order the bond be refunded to the tenant in full. Smoke alarms

[The tenant/s].

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.

The landlord says there was one smoke alarm outside the bathroom situated close to the bedrooms.

The landlord’s witness did not view the premises until after this tenancy ended therefore her testimony was brief and not relevant.

The landlord says the tenant rented the premises as is where is. The landlord agrees it took too long to fix the oven door and says she was let down by contractors.

I award $375.00 for the oven, and an additional $375.00 for the garage and woolshed, as fair, reasonable and proportionate compensation for the loss. No Healthy Homes statement

[The tenant/s]

I find the landlord has committed an unlawful act.

[The tenant/s] The tenant says the landlord collected her mail from the mailbox without notifying her first.

A landlord must not cause or permit any 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.

As the tenant has partly succeeded with the claim, the landlord must reimburse the filing fee. Name suppression

Section 95A of the Act provides that the Tribunal must order suppression if the party applying for it has been wholly or substantially successful in the proceedings.

The tenant is therefore entitled to name suppression as requested.

The landlord did not seek name suppression.

Tenancy Tribunal case 5164602 — Smoke alarms at 56 Bunyan Road, Coastlands, Whakatane 3120

At a glance

Tenancy Tribunal case 5164602 — Smoke alarms at 56 Bunyan Road, Coastlands, Whakatane 3120

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