How much money was awarded in case 5258799?

Cleaning: $177.50 awarded to landlord; Compensation: Loss Of Amenity: $1,560.00 awarded to tenant; Compensation: Maintenance: $500.00 awarded to tenant; Property Damage: $211.97 awarded to landlord; Rent Refund: $1,765.71 awarded to tenant; Wall Painting: $250.00 awarded to landlord

What type of tenancy dispute was case 5258799?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5258799?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12699104-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5258799?

Cleaning: $177.50 awarded to landlord; Compensation: Loss Of Amenity: $1,560.00 awarded to tenant; Compensation: Maintenance: $500.00 awarded to tenant; Property Damage: $211.97 awarded to landlord; Rent Refund: $1,765.71 awarded to tenant; Wall Painting: $250.00 awarded to landlord

What type of tenancy dispute was case 5258799?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5258799?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12699104-Tribunal_Order_Redacted.pdf.

383 Ellerslie-Panmure Highway, Mount Wellington, Tenancy Tribunal Case 5258799 — Property damage

Q: What was Tenancy Tribunal case 5258799 about?

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

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Order

Claims and awards in Tenancy Tribunal application 5258799 — net $3,186.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$177.50		Cleaning
Repairs	$211.97		Repairs
Wall painting	$250.00		Wall painting
Compensation: Loss of amenity		$1,560.00	Loss of amenity
Rent refund		$1,765.71	Rent refund
Compensation: Maintenance		$500.00	Maintenance
Total award	$639.47	$3,825.71
Net award		$3,186.24
Bond		$3,120.00
Total payable by Landlord to Tenant		$3,186.24

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 landlord/s] must pay [The tenant/s] $3,186.24 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $3,120.00 (5184497-014) to [The tenant/s] immediately.

All remaining claims are dismissed.

Reasons

Both parties attended the hearing.

The tenancy commenced on 22 March 2020 and ended on 10 January 2025.

The landlord applied for water rates, compensation for cleaning and rubbish removal, repairs, painting and loss of two weeks rent.

The tenant applied for refund of the bond, a claim in respect of the Healthy Homes standards and compensation for loss of amenity, failure to maintain and unlawful rent increases. Landlord application Water rates

The landlord produced a water rates invoice for the period from 13 December 2024 until 16 January 2025.

The tenancy ended on 10 January 2025, so the invoice includes six days after the tenancy ended. The tenant’s liability for water charges ends on the last day of the tenancy. The landlord cannot recover water charges for any period after the tenancy ended.

It is not possible to determine the water used by the tenant when the tenancy ended. The landlord’s claim for water rates is dismissed. Cleaning and rubbish removal

The landlord seeks $710.00 for cleaning and rubbish removal.

The landlord produced photographs, but they were undated and it was not clear when they were taken. Some of the photographs were taken during the tenancy because there is furniture and one of the tenant’s children in one photograph.

The evidence produced supports the vinyl floor needing cleaning and the underside of the toilet seat. There was no other evidence to support cleaning or rubbish removal.

In relation to the vinyl flooring the tenant said that the vinyl was old and hard to clean. The tenant had regularly complained of the toilet seat needing to be repaired but I accept the evidence that it needed to be cleaned.

I have awarded $177.50 for cleaning which is ¼ of the amount sought. Repairs

The main claim for repairs related to the curtain replacement. The landlord said that the curtains had been changed in 2019.

The tenant said that the curtains were old when she moved in so the tenant bought second hand curtains to replace the curtains at the tenancy.

The landlord produced photographs showing that some of the curtains were of different lengths and did not match. The landlord spent $211.97 on replacement curtains which is ordered. Painting

The landlord claims $2,000.00 for painting the walls at the premises.

The landlord produced photographs showing a small amount of children’s writing on a door and wall. There are also attempts to patch two walls.

The tenant acknowledges the writing on the door and wall. She said that marks on some walls were due to furniture and there were chips from blue-tack. The tenant’s father had attempted to plaster some of the damage. While it is not clear that the initial damage was caused by the tenant, the plaster needed to be painted over.

On the evidence produced I have awarded $250.00 for painting to repair the walls. Loss of rent

There is insufficient evidence to support that the tenant is liable for any rent loss due to damage. The claim for loss of rent is dismissed. Tenant application Healthy Homes

For a tenancy that started on 22 March 2020 and ended on 10 January 2025, the landlord was not required to comply with the Healthy Homes standards, as the compliance date for existing tenancy was 1 July 2025, and the tenancy ended before that date.

The tenant’s claim in respect of the Healthy Homes standards is dismissed. Loss of amenity

The tenant claims in respect of cars parked by the landlord in the tenant’s driveway.

The landlord occupies the house behind these premises. There are separate driveways for the two properties.

The tenant says that the landlord has parked cars in the driveway of the premises at different times during the tenancy. She said that when the tenancy began there was a car in the driveway for a couple of months and she asked the landlord to move it. Then in 2022 there were another two cars in the driveway until early in 2025.

In addition, the landlord would use the tenant’s driveway to access the landlord’s home because the landlord’s driveway was also filled with cars that were often immobile.

The landlord stored car parts on part of the tenant’s driveway.

The tenant produced email communication with the landlord where she asked in an email dated 22 November 2021 for a black car to be removed as she had wanted to use that area through lockdown but has not been able to.

In a further email dated 17 April 2024 the tenant stated, in response to a rent increase, that “those two cars were also in my driveway during the last two rent increases despite my constant asking for them to be removed.

The issue of the landlord parking cars on the tenant’s driveway went for at least three years of the tenancy, depriving the tenant of full use of the driveway. This amounts to a loss of amenity. The Tribunal awards compensation for loss of amenity.

In assessing the compensation for loss of amenity I have considered the extent and duration of the loss, the proportion of the premises affected. A reasonable amount is $1,560.00, being $10.00 per week over a three-year period. Failure to maintain

The tenant claimed in respect of the landlord’s failure to maintain the premises. The tenant referred to a louvre window in the kitchen which was difficult to open and close and caused draughts. The tenant had asked for the window to be repaired but this did not occur. The ingoing inspection report from March 2022 records that the window does not work.

The landlord acknowledged that the louvre windows were not easy to open and close.

The tenant said the draught from the windows was really cold and she used folded tea towels to fill the gaps.

The tenant claimed in respect of an external door off one of the bedrooms which did not have safe steps to access it. There was a pile of concrete pavers where steps should have been, and the pavers did not look sturdy or safe. The main external door also had five steps which did not have a handrail and carpet on the concrete which the tenant said was slippery. The tenant said that she complained about this at every inspection conducted by the landlord.

The landlord said that the door off the bedroom was not a pedestrian access door and the landlord denied putting the concrete pavers there instead of steps. The landlord said that the door was installed to be used for emergency only and the mistake that was made was that the tenant was given a key for it.

The landlord has failed to maintain the premises in relation to the kitchen window, and both external access points. The landlord is required by section 45(1)(b) of the Residential Tenancies Act 1986 to maintain the premises in a reasonable state of repair. As a result, the tenant has suffered loss of amenity and inconvenience, including the inability to safely use the external access, and to keep the premises warm and draught free.

I award compensation of $500.00, being a reasonable assessment of the loss suffered over the period during the tenancy. I have considered the duration and extent of the loss, and the proportion of the premises affected. Rent increases

When the tenancy commenced on 22 March 2020 the rent was $680.00.per week.

On 1 February 2021, less than 12 months after the tenancy commenced, the rent was increased to $720.00 after the landlord gave 60 days’ notice.

On the day that the tenancy commenced the law in relation to rent increases stated that, “...the rent shall not be increased within 180 days after the date on which the last increase took effect.” 1

The law in respect of rent increases was changed on 12 August 2020 2 to: (d)The rent must not be increased within 12 months after the date of the commencement of the tenancy; and (e)the rent must not be increased within 12 months after the date of the commencement of the tenancy;

When the landlord gave notice of the rent increase the law had changed and that is the current position in relation to rent increases. As the notice was given in breach of section 24 it is of no effect, and the tenant is not required to pay.

The landlord continued through the tenancy to issue notices of rent increase in breach of the Act. The first increase was to take effect on 1 February 1 Section 24(1)(d) Residential Tenancies Act 1986 as at 29 October 2019 2 Residential Tenancies Amendment Act 2020 (2020 No.59) 2021, the second on 7 December 2021, the third in September 2022, the fourth in March 2023 and the last one on 7 June 2024.

All these notices were in breach of the Act. Unfortunately, the evidence produced does not clearly state the amount that the rent was increased on each occasion. The evidence that is clear is that the tenant paid $720.00 from 1 February 2021 until 6 December 2021 and as the notice was of no effect the amount of rent overpaid amounts to $40.00 per week which totals $1,765.71. That amount is returned to the tenant as compensation. Filing fee and suppression

As both parties have had some success with their applications I make no award for reimbursement of the filing fee.

Both parties sought an order for name suppression and are entitled to an order as they have both had success with their applications 3 .

Order

Claims and awards in Tenancy Tribunal application 5258799 — net $3,186.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$177.50		Cleaning
Repairs	$211.97		Repairs
Wall painting	$250.00		Wall painting
Compensation: Loss of amenity		$1,560.00	Loss of amenity
Rent refund		$1,765.71	Rent refund
Compensation: Maintenance		$500.00	Maintenance
Total award	$639.47	$3,825.71
Net award		$3,186.24
Bond		$3,120.00
Total payable by Landlord to Tenant		$3,186.24