Published tribunal order
Tenancy Tribunal case 5299832 — Tenancy dispute at Room 2, 1 Skinner Road, Mount Wellington, Auckland 1060
Decided 19 Sept 2025 · Published 19 Sept 2025 · Application 5299832
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Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
- Kaso Property Management Limited As Agent For Rrrp Family Trust must pay [The tenant/s] $128.00 immediately, being compensation for loss of utility and reimbursement of the filing fee: DescriptionTenant Compensation: loss of utility (heat pump) $100.00 Filing fee reimbursement $28.00 Total award $128.00 Bond $1,700.00 Total payable by Landlord to Tenant $128.00
Reasons
- Both parties attended the hearing.
- This is a tenant application. The tenancy commenced in 2023 and terminated on 25 August 2025. The tenant is claiming for the refund of the bond and compensation for the loss of her heat pump in the lounge. Refund of bond:
- The tenant has applied for refund of the bond. The landlord has a claim against the bond but has not filed a counterclaim with Tenancy Services.
- Section 22B (2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant. Loss of utility:
- On 20 May 2025 the tenant advised the landlord that her heat pump was broken. The property manager advised the owner, and an electrician was sent to fix the heat pump. Unfortunately, the electrician had to order in the part, and it took till 9 July 2025 for the heat pump to be fixed.
- The tenant has two small children and was concerned about their health and comfort without adequate heating during the winter months. The tenant had to purchase a heater, as one was not provided by the landlord. The tenant provided power invoices which show a significant increase in electricity bills because of having to use a heater to warm the home. The tenant sought a rent reduction for the loss of the heat pump for 7 weeks over the height of the winter months.
- The landlord rejected the tenants claim for a rent reduction. However, given that the tenant has had to purchase a heater, as there was no heating in the living area of the house, and the loss of utility, I am awarding her a nominal amount in compensation for that loss and cost of the heater. I am awarding the tenant $100.00 in compensation. Filing fee and suppression:
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
- The tenant has applied for suppression of her name and details and as she has been successful, I am awarding suppression.