How much money was awarded in case 5166548?

Property Damage: $2,000.00 awarded to tenant; Rent Arrears: $2,135.71 awarded to landlord; Wall: $1,200.00 awarded to landlord; Rubbish Removal: $437.00 awarded to landlord

What type of tenancy dispute was case 5166548?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5166548?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11591657-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5166548?

Property Damage: $2,000.00 awarded to tenant; Rent Arrears: $2,135.71 awarded to landlord; Wall: $1,200.00 awarded to landlord; Rubbish Removal: $437.00 awarded to landlord

What type of tenancy dispute was case 5166548?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5166548?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11591657-Tribunal_Order_Redacted.pdf.

206 Browns Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5166548 — Rent arrears

Q: What was Tenancy Tribunal case 5166548 about?

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

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5166548 — net $1,772.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 25 September 2024	$2,135.71		Rent arrears to 25 September 2024
Rubbish removal	$437.00		Rubbish removal
Repairs: Wall	$1,200.00		Repairs: Wall
Exemplary damages: Failure to maintain		$2,000.00	Failure to maintain
Total award	$3,772.71	$2,000.00
Net award	$1,772.71
Bond	$1,960.00
Total payable by Tenant to Landlord	$1,772.71

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 $1,960.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,772.71 [The tenant/s]: $187.29

All remaining claims are dismissed.

Reasons

Both parties attended the hearing.

The tenancy commenced on 19 June 2020 and ended on 25 September 2024.

The landlord has applied for rent arrears and compensation for damage.

The tenant has applied for a claim in respect of the Healthy Homes standards, for compensation and exemplary damages. Landlord application

The tenant acknowledged that rent arrears were owed at the end of the tenancy. The amount ordered is $2,135.72.

The landlord claimed for compensation due to damage. The landlord produced photographs which showed damage to three walls. An invoice was produced for the repairs. The amount for repairs totalled $2,173.91 but included skirting and ceiling plaster and paint. There is no evidence that the tenant caused any damage to the skirting or the ceiling. I have reduced the claim and awarded $1,200.00 for damage to the three areas.

The landlord claimed for rubbish removal. There was some rubbish left at the premises. I have awarded $437.00 which is the amount in the invoice that was produced.

The landlord had claimed for carpet replacement due to the smell of dog urine in the premises. At the hearing it was revealed that the carpet was not replaced and instead floorboard was installed throughout the premises.

There had been some damage to the carpet previously, but the tenant had paid for it to be repaired, which I understand it was.

I am not satisfied on the evidence that the carpet needed to be replaced or that the tenant had caused damage to the carpet. The landlord’s claim for replacement of the carpet with floorboards is dismissed.

The landlord had made other claims including for cleaning, lawns and curtain replacement. The landlord did not produce sufficient evidence or invoices to support those claims. They are therefore dismissed. Tenant application

[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.

Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair.

Breaching any of these obligations 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 has failed to maintain the premises in relation to the bathroom, decking and drainage. I find they have committed an unlawful act.

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.

At the beginning of the tenancy the inspection report recorded that the vanity in the bathroom would be fixed in the next week or so. Small tiles surrounded the bathroom sink on the vanity and around the bath. The tiles had broken off and continued to do so during the tenancy. The vanity was not fixed during the term of the tenancy.

The door of the bathroom cabinet broke off and was never repaired. The shower step was mouldy and while the landlord said it was repaired the mould returned. The ceiling of the shower was mouldy and there was never any investigation which identified the cause of the mould. Instead, the landlord had provided the tenant with bleach spray to treat the mould. Other than the shower steps no repairs were carried out in the bathroom.

The decking was in a bad state of repair. It appeared that the deck was coming away from the side of the house. There were holes in the cladding of the home. The step for the deck was broken and appeared unsafe. The railing for the deck was broken and would have also been unsafe. No repairs were carried out on the deck. The tenant said that her children had fallen on the deck.

The tenant produced photographs of where the downpipes had come loose or broken. There was duct tape used to repair the pipes. The tenant had complained about these to the landlord.

On the evidence produced the landlord has failed to maintain the premises.

The tenant said that she decided to leave the tenancy because of the landlord’s failure to carry out repairs. The landlord’s failure meant that the tenant and her family were living in unhealthy and unsafe living conditions.

The landlord was aware of the repairs needed but did not carry out the repairs which I consider where necessary.

Given the evidence I consider that exemplary damages of $2,000.00 is reasonable.

In relation to the Healthy Homes claim, the compliance date for this tenancy is not until 1 July 2025. The tenant left the tenancy before the compliance date and therefore the landlord is not in breach of the Healthy Homes standards.

As both parties have had some success with their applications I make no award for reimbursement of the filing fee. For the same reason I suppress the names of both the tenant and landlord.

Order

Claims and awards in Tenancy Tribunal application 5166548 — net $1,772.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 25 September 2024	$2,135.71		Rent arrears to 25 September 2024
Rubbish removal	$437.00		Rubbish removal
Repairs: Wall	$1,200.00		Repairs: Wall
Exemplary damages: Failure to maintain		$2,000.00	Failure to maintain
Total award	$3,772.71	$2,000.00
Net award	$1,772.71
Bond	$1,960.00
Total payable by Tenant to Landlord	$1,772.71