What was Tenancy Tribunal case 5172971 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 5172971?

Compensation: Breach S.45: $1,050.00 awarded to tenant; Property Damage: $690.00 awarded to landlord; Rent Arrears: $1,200.00 awarded to landlord; Water Rates: $93.20 awarded to landlord

What type of tenancy dispute was case 5172971?

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

Where can I read the official tribunal order for case 5172971?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11900721-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5172971 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 5172971?

Compensation: Breach S.45: $1,050.00 awarded to tenant; Property Damage: $690.00 awarded to landlord; Rent Arrears: $1,200.00 awarded to landlord; Water Rates: $93.20 awarded to landlord

What type of tenancy dispute was case 5172971?

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

Where can I read the official tribunal order for case 5172971?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11900721-Tribunal_Order_Redacted.pdf.

1A Avice Street, Remuera, Auckland 1050 Tenancy Tribunal Case 5172971 — Rent arrears

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1A Avice Street, Remuera, Auckland 1050 Tenancy Tribunal Case 5172971 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5172971 — net $933.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,200.00		Rent arrears
Water rates	$93.20		Water rates
Wall repairs	$690.00		Wall repairs
Compensation: breach s.45		$1,050.00	breach s.45
Total award	$1,983.20	$1,050.00
Net award	$933.20
Bond	$4,200.00
Total payable by Tenant to Landlord	$933.20

Claims and awards for application 5172971 — net $933.20 NZD. Verify on MoJ.

Rent arrears

Amount: $1,200.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $93.20
Awarded to: Landlord
Reason: Water rates

Wall repairs

Amount: $690.00
Awarded to: Landlord
Reason: Wall repairs

Compensation: breach s.45

Amount: $1,050.00
Awarded to: Tenant
Reason: breach s.45

Total award

Landlord $1,983.20 · Tenant $1,050.00

Net award

Landlord $933.20

Bond

Landlord $4,200.00

Claim types — money lines allowed on this order

Compensation Property damage Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s names and identifying details.
[The tenant/s] must pay Ray White Remuera Property Management Limited Acting Agent For Brian & Joanne Lum $1,683.20 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $4,200.00 ([Bond number suppressed]) immediately apportioned as follows: Ray White Remuera Property Management Limited Acting Agent For Brian & Joanne Lum: $933.20 [The tenant/s]: $3,266.80

Reasons

Both parties attended the hearing which was held by teleconference.
The hearing had been scheduled as a case conference but as each party had filed the evidence they intended to rely on, it was agreed that the hearing should be used to determine the substantive claims.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant has filed a cross application seeking compensation and exemplary damages for breach of the landlord’s obligations under s.45 RTA.

How much is owed for rent and water rates?

The tenancy ended on 21 January 2025. The tenant agrees that he should pay rent to that date.
The landlord provided rent records which prove the amount owing at the end of the tenancy.
The tenant agrees that he should pay the water consumption charges to the end of the tenancy but had a concern that the amount claimed by the landlord included charges beyond the end of the tenancy.
The landlord’s evidence satisfies me that the sum claimed is based on a meter reading taken at the end of the tenancy, so the tenant is not being asked to pay for water not used by him.
Those claims are proved.

Did the tenant comply with his obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord claims that tenant did not leave the premises reasonably clean and tidy and did not remove all weeds and leaves outside. In support, the landlord has provided what are mostly wide angle photographs from the start of the tenancy on 26 March 2022, which appear to show the premises provided in clean and tidy condition. What are mostly close up photographs from the end of the tenancy show areas the landlord claims were not left reasonably clean.
The tenant says that the premises were left reasonably clean and tidy. Furthermore, the tenant says that the premises were not clean when he moved in and he was assured by the property manager at the time that he would not be required to leave the premises in better condition than they were provided to him
The tenant has provided a copy of correspondence sent to the property manager on 28 March 2022 which says: “We arrived yesterday and was very disappointed and shocked with how the dirty the house was, it was obvious that the owner didn't clean the house at all, I lost count of the number of spiders and spider webs or over the place. We did intense cleaning yesterday and we'll continue doing that today. However, please we need the shed to be professionally cleaned, not just the owner come and do some quote ‘cleaning’ as the house done.... regarding the condition report, I will send my feedback next week. Please see the attached photos for your reference...”
The tenant has provided in evidence copies of the photographs sent to the property manager with that e-mail, which support the tenant’s concerns about the cleanliness of the premises when the tenancy began.
On 5 April 2022 the tenant sent the landlord his response to the condition report noting the specific areas of concern with the comment, “Correction: A general note, the report says the house is clean and it definitely is Not also the condition as per the report is not the reality, so we will accept the report based on our feedback.”
The landlord issued the tenant a 14 day breach notice regarding the cleanliness of the premises in November 2023. At that time the tenant noted in an e-mail to the property manager dated 21 November 2023, “I am very disappointed and surprised because the state of the house when I walked in was not good, you said that the house was clean but I sent you an e-mail when I walked in and described how dirty the house was, I didn't get any different feedback back then, only a few pictures and since then we try our best to clean the house....”
Nevertheless, the tenant arranged for the premises to be professionally cleaned by the cleaner recommended by the landlord. The tenant has provided evidence that the recommended cleaner cleaned the premises at the tenant’s cost, initially on 27 November 2023, then on 8 February 2024, 4 June 2024, 16 September 2024 and 16 December 2024.
The tenant paid a monthly fee ($250.00) for maintenance of the grounds, which seems more likely than not to have included work that was properly the landlord’s responsibility. The tenant’s evidence is that the owner had agreed to come and spray the weeds growing up through the rocks, but never did.
Considering all the evidence I find that: a. in some respects, as shown in the tenant’s entry photographs, the landlord breached the obligation under s.45(1)(a), to provide the premises in reasonably clean condition when the tenancy started; b. in some respects, as shown tin the landlord’s exit photographs, the tenant breached his obligation under s.40(1)(e) to leave the premises reasonably clean and tidy when the tenancy ended; c. no compensation to either party is required in respect of those mutual breaches. The tenant should not be required to provide the premises in better condition than it was provided to him. d. an award of exemplary damages cannot be made for breach of the landlord’s obligations under s.45(1)(a) as the breach occurred more than 12 months before the tenant’s application was filed (see s.109(2)).
The landlord’s claims for the tenant’s breach of s.40(1)(e) and the tenant’s claim for the landlord’s breach of s.45(1)(a) are dismissed

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Photographs provided by the landlord show some damage to walls in the premises. The tenant acknowledges that some accidental damage was caused, which he attempted to remedy.
The evidence provided by the landlord persuades me that the damage, which occurred during the tenancy, is more than fair wear and tear and the landlord is entitled to compensation for the repair costs. The costs for repair of walls in the 3 bedrooms, living room and hallway and paint touch ups, are reasonable and are proved by the invoice provided. Tenant’s claims
Under section 45, a landlord must: a. provide the premises in a reasonable state of cleanliness (s.45(1)(a)) b. provide and maintain the premises in a reasonable state of repair (s.45(1)(b))
The tenant’s claim under s.45(1)(a) has been addressed above.
The tenant says that the landlord breached its maintenance and repair obligation in the following ways: a. by failing to repair/ replace a broken garage remote; b. because leaks and plumbing issues affected the tenant’s use and enjoyment of the premises; c. by failing to ensure that safety risk from a tree overhanging the premises was addressed. Remote
The tenant’s evidence, which is not contradicted, is that a broken remote was taken by the property manager to see if it could be fixed. Many months later, it was simply returned to the tenant, neither replaced nor repaired. Leaks
On 27 January 2021 the tenant e-mail the landlord, “The technician didn't come, I called him at 1:00 PM and told him the urgency and he said he will call me back and he didn't. Now my son's room downstairs is flooded with rain, and their furniture, electronic devices, and everything will be damaged. Also we are very worried about the power and the risk of us getting electric shocks. We are keeping on wiping the floor but the water is a lot. We are worried about our safety. We need someone to come and help us. Videos attached.”
Later the same day the tenant emailed the property manager, “...in addition to the below, yesterday the plumber came to fix the bathroom, and today and as you know right now it is raining and we found much leaking coming from the first floor, so not from the bathroom this time but from the roof of the house in the middle of the ceiling and also behind the air condition. Our dining table was flooded with rainwater while my daughter is eating breakfast. Attached example of a painful experience in a very uncomfortable for situation. So please: ... I wasn't expecting the landlord to have my number and call me and actually yesterday called me again in the afternoon and I said please I don't want to deal with him directly, my contact was with Ray White so I want to deal with the agent not owner in this particular case......if this issue has not been fixed ASAP and not repeated again, I need to ask you to reduce the rent until the house becomes fit to live in, I feel I'm homeless not paying 4200.”
On 4 December 2022 the tenant e-mailed the property manager, “I would like to bring to your attention a few challenges and issues in the house that are becoming a bit disturbing to us. On Saturday 19th November around 6:45 PM a thunderstorm and hail falling in Auckland interestingly we started seeing leaking from different parts around the house (windows, walls and ceiling)....as I said in the first inspection we found the plumbing and isolation in the house might need some maintenance, nothing serious in particular until now, when you attend next inspection I will let you hear the noise in pipes when we use the kitchen or the bathroom many times when we open the tap in the kitchen, anyone sitting in the rooms downstairs will hear banging sound as if the pipes will burst..... in general the water flows in the kitchen and the bathroom doesn't pass through quickly and always very very slow....”
On 17 December 2024 the cleaner noticed a leak under the kitchen sink. The landlord was notified and was shown during an inspection on 18 December 2024. The response was to suggest that a container be placed under the leak to catch the drops. Tree
The tenant says that falling branches from a tree on the neighbouring property caused a safety risk. The landlord would not address it so the tenant paid for a gardener to remove some of the overhanging branches.
Photographs show branches and debris fallen from the tree onto the premises. The tenant says there was a risk of his daughter’s bedroom window being broken by falling branches and that, as the landlord was told in an e-mail dated 25 December 2024, “...today another branch fell on my daughter’s head while she was playing outside.” Findings
The evidence proves, on balance, that the tenant’s use and enjoyment of the premises was affected by issues that were the landlord’s responsibility, not the tenants. The landlord is not necessarily at fault for leak issues caused by severe weather that the landlord was not aware of. The tenant nevertheless paid full rent during period where he did not have full amenity of the premises because of the effects of the leaks.
There is no apparent reason why the landlord failed to repair or replace the remote.
As regards the tree, the photographs show that the tree on the neighbouring property was causing interference with the tenant’s use of the property and may have posed some safety risk. The landlord may have limited rights to deal with a tree on a neighbour’s property but there was an obligation on the landlord to use the rights available to it to try and address the issue – not simply leave it to the tenant to sort out as best he could.
I those respects, I find that the tenant is entitled to compensation which I fix at a global sum equal to one week’s rent.
No award of exemplary damages is warranted.
No Order is made in respect of the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5172971 — net $933.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,200.00		Rent arrears
Water rates	$93.20		Water rates
Wall repairs	$690.00		Wall repairs
Compensation: breach s.45		$1,050.00	breach s.45
Total award	$1,983.20	$1,050.00
Net award	$933.20
Bond	$4,200.00
Total payable by Tenant to Landlord	$933.20

Claims and awards for application 5172971 — net $933.20 NZD. Verify on MoJ.

Rent arrears

Amount: $1,200.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $93.20
Awarded to: Landlord
Reason: Water rates

Wall repairs

Amount: $690.00
Awarded to: Landlord
Reason: Wall repairs

Compensation: breach s.45

Amount: $1,050.00
Awarded to: Tenant
Reason: breach s.45

Total award

Landlord $1,983.20 · Tenant $1,050.00

Net award

Landlord $933.20

Bond

Landlord $4,200.00

Claim types — money lines allowed on this order

Compensation Property damage Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s names and identifying details.
[The tenant/s] must pay Ray White Remuera Property Management Limited Acting Agent For Brian & Joanne Lum $1,683.20 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $4,200.00 ([Bond number suppressed]) immediately apportioned as follows: Ray White Remuera Property Management Limited Acting Agent For Brian & Joanne Lum: $933.20 [The tenant/s]: $3,266.80

Reasons

Both parties attended the hearing which was held by teleconference.
The hearing had been scheduled as a case conference but as each party had filed the evidence they intended to rely on, it was agreed that the hearing should be used to determine the substantive claims.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant has filed a cross application seeking compensation and exemplary damages for breach of the landlord’s obligations under s.45 RTA.

How much is owed for rent and water rates?

The tenancy ended on 21 January 2025. The tenant agrees that he should pay rent to that date.
The landlord provided rent records which prove the amount owing at the end of the tenancy.
The tenant agrees that he should pay the water consumption charges to the end of the tenancy but had a concern that the amount claimed by the landlord included charges beyond the end of the tenancy.
The landlord’s evidence satisfies me that the sum claimed is based on a meter reading taken at the end of the tenancy, so the tenant is not being asked to pay for water not used by him.
Those claims are proved.

Did the tenant comply with his obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord claims that tenant did not leave the premises reasonably clean and tidy and did not remove all weeds and leaves outside. In support, the landlord has provided what are mostly wide angle photographs from the start of the tenancy on 26 March 2022, which appear to show the premises provided in clean and tidy condition. What are mostly close up photographs from the end of the tenancy show areas the landlord claims were not left reasonably clean.
The tenant says that the premises were left reasonably clean and tidy. Furthermore, the tenant says that the premises were not clean when he moved in and he was assured by the property manager at the time that he would not be required to leave the premises in better condition than they were provided to him
The tenant has provided a copy of correspondence sent to the property manager on 28 March 2022 which says: “We arrived yesterday and was very disappointed and shocked with how the dirty the house was, it was obvious that the owner didn't clean the house at all, I lost count of the number of spiders and spider webs or over the place. We did intense cleaning yesterday and we'll continue doing that today. However, please we need the shed to be professionally cleaned, not just the owner come and do some quote ‘cleaning’ as the house done.... regarding the condition report, I will send my feedback next week. Please see the attached photos for your reference...”
The tenant has provided in evidence copies of the photographs sent to the property manager with that e-mail, which support the tenant’s concerns about the cleanliness of the premises when the tenancy began.
On 5 April 2022 the tenant sent the landlord his response to the condition report noting the specific areas of concern with the comment, “Correction: A general note, the report says the house is clean and it definitely is Not also the condition as per the report is not the reality, so we will accept the report based on our feedback.”
The landlord issued the tenant a 14 day breach notice regarding the cleanliness of the premises in November 2023. At that time the tenant noted in an e-mail to the property manager dated 21 November 2023, “I am very disappointed and surprised because the state of the house when I walked in was not good, you said that the house was clean but I sent you an e-mail when I walked in and described how dirty the house was, I didn't get any different feedback back then, only a few pictures and since then we try our best to clean the house....”
Nevertheless, the tenant arranged for the premises to be professionally cleaned by the cleaner recommended by the landlord. The tenant has provided evidence that the recommended cleaner cleaned the premises at the tenant’s cost, initially on 27 November 2023, then on 8 February 2024, 4 June 2024, 16 September 2024 and 16 December 2024.
The tenant paid a monthly fee ($250.00) for maintenance of the grounds, which seems more likely than not to have included work that was properly the landlord’s responsibility. The tenant’s evidence is that the owner had agreed to come and spray the weeds growing up through the rocks, but never did.
Considering all the evidence I find that: a. in some respects, as shown in the tenant’s entry photographs, the landlord breached the obligation under s.45(1)(a), to provide the premises in reasonably clean condition when the tenancy started; b. in some respects, as shown tin the landlord’s exit photographs, the tenant breached his obligation under s.40(1)(e) to leave the premises reasonably clean and tidy when the tenancy ended; c. no compensation to either party is required in respect of those mutual breaches. The tenant should not be required to provide the premises in better condition than it was provided to him. d. an award of exemplary damages cannot be made for breach of the landlord’s obligations under s.45(1)(a) as the breach occurred more than 12 months before the tenant’s application was filed (see s.109(2)).
The landlord’s claims for the tenant’s breach of s.40(1)(e) and the tenant’s claim for the landlord’s breach of s.45(1)(a) are dismissed

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Photographs provided by the landlord show some damage to walls in the premises. The tenant acknowledges that some accidental damage was caused, which he attempted to remedy.
The evidence provided by the landlord persuades me that the damage, which occurred during the tenancy, is more than fair wear and tear and the landlord is entitled to compensation for the repair costs. The costs for repair of walls in the 3 bedrooms, living room and hallway and paint touch ups, are reasonable and are proved by the invoice provided. Tenant’s claims
Under section 45, a landlord must: a. provide the premises in a reasonable state of cleanliness (s.45(1)(a)) b. provide and maintain the premises in a reasonable state of repair (s.45(1)(b))
The tenant’s claim under s.45(1)(a) has been addressed above.
The tenant says that the landlord breached its maintenance and repair obligation in the following ways: a. by failing to repair/ replace a broken garage remote; b. because leaks and plumbing issues affected the tenant’s use and enjoyment of the premises; c. by failing to ensure that safety risk from a tree overhanging the premises was addressed. Remote
The tenant’s evidence, which is not contradicted, is that a broken remote was taken by the property manager to see if it could be fixed. Many months later, it was simply returned to the tenant, neither replaced nor repaired. Leaks
On 27 January 2021 the tenant e-mail the landlord, “The technician didn't come, I called him at 1:00 PM and told him the urgency and he said he will call me back and he didn't. Now my son's room downstairs is flooded with rain, and their furniture, electronic devices, and everything will be damaged. Also we are very worried about the power and the risk of us getting electric shocks. We are keeping on wiping the floor but the water is a lot. We are worried about our safety. We need someone to come and help us. Videos attached.”
Later the same day the tenant emailed the property manager, “...in addition to the below, yesterday the plumber came to fix the bathroom, and today and as you know right now it is raining and we found much leaking coming from the first floor, so not from the bathroom this time but from the roof of the house in the middle of the ceiling and also behind the air condition. Our dining table was flooded with rainwater while my daughter is eating breakfast. Attached example of a painful experience in a very uncomfortable for situation. So please: ... I wasn't expecting the landlord to have my number and call me and actually yesterday called me again in the afternoon and I said please I don't want to deal with him directly, my contact was with Ray White so I want to deal with the agent not owner in this particular case......if this issue has not been fixed ASAP and not repeated again, I need to ask you to reduce the rent until the house becomes fit to live in, I feel I'm homeless not paying 4200.”
On 4 December 2022 the tenant e-mailed the property manager, “I would like to bring to your attention a few challenges and issues in the house that are becoming a bit disturbing to us. On Saturday 19th November around 6:45 PM a thunderstorm and hail falling in Auckland interestingly we started seeing leaking from different parts around the house (windows, walls and ceiling)....as I said in the first inspection we found the plumbing and isolation in the house might need some maintenance, nothing serious in particular until now, when you attend next inspection I will let you hear the noise in pipes when we use the kitchen or the bathroom many times when we open the tap in the kitchen, anyone sitting in the rooms downstairs will hear banging sound as if the pipes will burst..... in general the water flows in the kitchen and the bathroom doesn't pass through quickly and always very very slow....”
On 17 December 2024 the cleaner noticed a leak under the kitchen sink. The landlord was notified and was shown during an inspection on 18 December 2024. The response was to suggest that a container be placed under the leak to catch the drops. Tree
The tenant says that falling branches from a tree on the neighbouring property caused a safety risk. The landlord would not address it so the tenant paid for a gardener to remove some of the overhanging branches.
Photographs show branches and debris fallen from the tree onto the premises. The tenant says there was a risk of his daughter’s bedroom window being broken by falling branches and that, as the landlord was told in an e-mail dated 25 December 2024, “...today another branch fell on my daughter’s head while she was playing outside.” Findings
The evidence proves, on balance, that the tenant’s use and enjoyment of the premises was affected by issues that were the landlord’s responsibility, not the tenants. The landlord is not necessarily at fault for leak issues caused by severe weather that the landlord was not aware of. The tenant nevertheless paid full rent during period where he did not have full amenity of the premises because of the effects of the leaks.
There is no apparent reason why the landlord failed to repair or replace the remote.
As regards the tree, the photographs show that the tree on the neighbouring property was causing interference with the tenant’s use of the property and may have posed some safety risk. The landlord may have limited rights to deal with a tree on a neighbour’s property but there was an obligation on the landlord to use the rights available to it to try and address the issue – not simply leave it to the tenant to sort out as best he could.
I those respects, I find that the tenant is entitled to compensation which I fix at a global sum equal to one week’s rent.
No award of exemplary damages is warranted.
No Order is made in respect of the filing fee.

Tenancy Tribunal case 5172971 — Rent arrears at 1A Avice Street, Remuera, Auckland 1050

At a glance

Tenancy Tribunal case 5172971 — Rent arrears at 1A Avice Street, Remuera, Auckland 1050

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with his obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with his obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions