How much money was awarded in case 5186431?

Compensation: $3,000.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5186431?

The dispute type was not classified.

Where can I read the official tribunal order for case 5186431?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11816199-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5186431?

Compensation: $3,000.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5186431?

The dispute type was not classified.

Where can I read the official tribunal order for case 5186431?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11816199-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5186431 — Tenancy dispute

Q: What was Tenancy Tribunal case 5186431 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 5186431 — net $3,027.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation	$3,000.00	Compensation
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,027.00
Bond	$2,400.00
Total payable by Landlord to Tenant	$3,027.00

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

Neat Property Management 2023 Limited As Agent For Addam Buttling must pay [The tenant/s] $3,027.00 immediately, calculated as shown in table below: DescriptionTenant Compensation $3,000.00 Filing fee reimbursement $27.00 Total award $3,027.00 Bond $2,400.00 Total payable by Landlord to Tenant $3,027.00

The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) to [The tenant/s] immediately.

Reasons

Both parties attended the hearing.

Ms Middleton attended as the landlord’s representative. Mr Buttling did not attend.

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

Under section 45, a landlord must provide the premises in a reasonable state of cleanliness and provide and maintain the premises in a reasonable state of repair. The tenant’s main concern was with the plumbing at the premises; particularly a leaking toilet and drains under three sinks. There were other issues with windows not opening and security of the premises.

The tenancy started in November 2024. The in-going property inspection report notes several issues which required attention, including doors not locking, broken glass in external door, spouting and downpipes needing repair, issues with hot water cylinder.

In addition to those items, the evidence from both parties clearly establishes that the toilet was leaking throughout the tenancy, windows did not open properly, drains under sinks leaked, there was a hole in the roof, broken tiles around the bath, rubbish was left by a previous tenant. Despite repeated requests from the tenant these matters were not dealt with or were dealt with in March (after the tenant gave notice and after the application to the Tribunal).

Ultimately, the tenant gave 28 days’ notice and ended the tenancy; she felt she had no other option. The correspondence shows that Mr Buttling repeatedly ignored or delayed requests for repairs and seemed to have a cavalier attitude to his obligations.

The landlord has breached its obligations under s45 RTA; the premises were not repaired or maintained to a reasonable standard.

The tenant gave evidence of the effect of living in the home with her small child. She has established that she suffered a loss of amenity as a result of the landlord’s failures.

In Tenant v Holmwood Real Estate Ltd [2021] 4312442, the Tribunal noted stated: “21. I am satisfied that the tenants’ claim for compensation is fully justified, and in the amount pleaded. This is a case where the landlord has failed to provide and maintain the premises in a reasonable state of repair...

Had the tenants applied for exemplary damages, I would almost certainly have awarded them as well, since the statutory factors for punishment by way of exemplary damages are probably established. But there is no application for exemplary damages before me.

To the owner of the premises the Tribunal says this: Parliament enacted the healthy homes legislation and other statutory changes specifically to ensure that tenants were not exposed to living environments such as this one. A failure to comply with the legislation has potential significant financial implications. In addition to compensation, exemplary damages for a failure to provide and maintain premises in a reasonable state of repair and a failure to comply with the healthy homes standards can result in an award of exemplary damages of up to $7,200.00.

To property management companies, the Tribunal says this: be careful of which landlord clients you choose to be the agent for. If a landlord refuses to comply with the statutory requirements around the provision of healthy homes and repairs and maintenance, consider whether to retain them. A landlord includes the agent of a landlord....”

Those comments are directly applicable to this situation.

The landlord will pay the tenants compensation of $3,000.00 (as claimed) for a failure to provide and maintain the premises in a reasonable state of repair which resulted in the tenants experiencing a considerable loss of use and enjoyment of the premises. I addition, the tenants are awarded the filing fee.

The bond is also released to the tenant.

Order

Claims and awards in Tenancy Tribunal application 5186431 — net $3,027.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation	$3,000.00	Compensation
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,027.00
Bond	$2,400.00
Total payable by Landlord to Tenant	$3,027.00

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

The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) to [The tenant/s] immediately.

Reasons

Both parties attended the hearing.

Ms Middleton attended as the landlord’s representative. Mr Buttling did not attend.

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

The landlord has breached its obligations under s45 RTA; the premises were not repaired or maintained to a reasonable standard.

The tenant gave evidence of the effect of living in the home with her small child. She has established that she suffered a loss of amenity as a result of the landlord’s failures.

Those comments are directly applicable to this situation.

The bond is also released to the tenant.

Tenancy Tribunal case 5186431 — Tenancy dispute

At a glance

Tenancy Tribunal case 5186431 — Tenancy dispute

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