What was Tenancy Tribunal case 5486974 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 5486974?

Filing Fee: $28.00 awarded to tenant; Property Damage: $250.00 awarded to tenant

What type of tenancy dispute was case 5486974?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5486974?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13631650-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5486974 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 5486974?

Filing Fee: $28.00 awarded to tenant; Property Damage: $250.00 awarded to tenant

What type of tenancy dispute was case 5486974?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5486974?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13631650-Tribunal_Order_Redacted.pdf.

15 Mountfort Street, Spreydon, Christchurch 8024 Tenancy Tribunal Case 5486974 — Property damage

Claims and awards in Tenancy Tribunal application 5486974 — net $278.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation – loss of enjoyment and amenity during electrical repairs	$250.00	Compensation – loss of enjoyment and amenity during electrical repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$278.00
Total payable by Landlord to Tenant	$278.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants’ names and identifying details.
A J McPherson & Associates Limited as agent for Seamount Holdings Limited must pay [The tenant/s] $278.00 immediately, calculated as shown in table below:

By consent, the landlord must carry out the following work to the premises, which must be completed by 5 June 2026: a. Trim the tree next to the raised front side gate to ensure the gate operates without restriction b. Replace the tube light bulb in the pantry

Reasons

Both parties attended the hearing. Ms Kinley and Ms Goulding represented the landlord.
The tenants have applied for compensation of $1,325.00 for their loss of enjoyment of the tenancy over a 2-day period when electrical re-wiring work was completed at the premises (including cleaning up) and for gardening work they did at the premises.
The tenants also seek work orders. Background
The tenancy started on 5 January 2026 and is a current tenancy.
The tenants raised some repair and maintenance issues with the landlord, especially as they related to gardening and tree/shrub maintenance.
The landlord gave the tenants verbal approval to trim any shrubs they wanted to along pathways. The landlord does not object to doing certain work but does not consider some of the work to be a priority.
The property inspection report at the start of the tenancy records the tenants’ comments about overgrown shrubs. It also records that the gardens were generally tidy.
The tenancy agreement records at clause 18 that the tenants agree to keep the lawns and gardens weeded and in a generally tidy condition and to remove garden waste.
The premises had to be re-wired; a flickering light appears to have been the catalyst for an electrical inspection that recommended the work be done.
The re-wiring took place over 2 days, during which time the tenants needed to relocate to a studio at the property between 8am and 5pm the first day and 8am and 2pm the second.
One of the tenants works from the studio the other works elsewhere.
The landlord offered some compensation (equivalent to 2 days’ rent) for the tenants’ inconvenience during the period the electrical work was done. The tenants did not confirm acceptance of that offer.
The tenants noted that a light bulb in the pantry does not work. The landlord has provided an attachment to use as a light.
Dissatisfied with the landlord’s response to their concerns, the tenants lodged their application for work orders and compensation. Issues
The issues the Tribunal must determine are these: •Should work orders be made? If so, what work should be ordered? •Should the tenants be awarded compensation for their loss of enjoyment/amenity while the electrical work was done. Relevant law
The following sections of the Residential Tenancies Act 1986 (RTA) are relevant: •Section 45. This section sets out a landlord’s responsibilities. Included among them are the responsibility to provide the premises in a reasonably clean state; to provide and maintain the premises in a reasonable state of repair (having regard to the age and character of the premises); and to comply with the Healthy Homes Standards (HHS). •Section 78(1)(e). This section enables the Tribunal to make work orders. Section 78(2) RTA requires the Tribunal to make a consequential money order for non-compliance if the work order is not made by consent. Compensation
The Tribunal may award compensation to a party for losses arising from a proven breach or breaches by the other party of their statutory responsibilities.
Compensation is generally awarded for actual losses and sometimes for less tangible effects of proven breaches such as a loss of enjoyment of the tenancy and the accompanying stress and anxiety.
In Birch v Otautahi Community Housing Trust 1 the District Court confirmed that the Tribunal must consider the following factors when deciding to award compensation: 1 [2020] NZDC 17667 • The nature of the breach; • The duration of the breach; and • The effect of the breach on the party. Discussion Should work orders be made? If so, what work should be ordered?
After some discussion the landlord’s representatives agreed that the tree/shrub that is blocking the proper use of the raised gate to the front left of the property should be trimmed to allow the gate to be used without restriction. They also agreed to replace the blown tube light bulb in the pantry.
I have made a work order by consent for those matters. Because the order is by consent, I make no consequential money order for non-compliance. I am satisfied that the landlord will have that (minor) work completed within the timeframe I have set.
I make no other work orders. The tenants want other trees, and some flax bushes, trimmed because they say the trees are affecting the neighbour and the flaxes encroach onto the footpath.
Those are matters to be addressed as between the landlord/owner and the neighbour or between the landlord/owner and the Council. They are not issues that the tenants need be concerned with.
The tenants have been given permission to trim certain trees and shrubs should they want to. Any trees that encroach onto the neighbour’s land can be trimmed by the neighbour. As I have noted, the tenants are responsible to keep the gardens weeded and in a generally tidy condition. Should the tenants be awarded compensation for their loss of enjoyment/amenity while the electrical work was done.
I have quoted from case law to illustrate that compensation is generally awarded as a remedy for losses incurred because of a landlord breach.
Here, there was no breach as such. After investigating why a light was flickering, the landlord was advised that the premises should be re-wired. The landlord acted on that advice.
The landlord accepts that the tenants suffered some loss of enjoyment of the tenancy. However, it was minor. For one day, and part of the next, one of the tenants who works from home had to remain in the studio where she usually worked anyway. The other tenant went to work as usual. At the end of the first day, the tenants could not use the cooking facilities and had to eat out. Although they said the premises were uninhabitable, they were not. There was simply some minor inconvenience.
Some minor work was needed after the electrician finished working to remove some wire remnants.
The tenants also mentioned doing garden work. That was their choice. Having chosen to do the work themselves, they cannot expect to be compensated when that was not something agreed to by both parties.
The landlord offered the equivalent of 2 days’ rent in compensation, recognising the tenants’ (brief) loss of amenity. 2 day’s rent amounts to $165.71. That was a reasonable offer, but one made before the landlord knew of the kitchen disruption at the end of the first day of the electrical work.
I consider that compensation of $250.00 is more reasonable and takes into account that the tenants had to buy their meals out for the first night.
I do not accept that the tenants could not use the bathroom facilities during the time the work was done. Any restriction was very minor. Result
The landlord will carry out the agreed work by 5 June 2026. The landlord will pay the tenants compensation of $250.00 for their loss of enjoyment and amenity for 2 days when electrical work was undertaken. This includes any cleaning up they had to do which was very minor. As well the landlord will pay the tenants’ filing fee. Name suppression
Both parties sought a name suppression order. The tenants are entitled to name suppression as the application is successful. The landlord is not entitled to name suppression as their defence to the application is not successful 2 . 2 See section 95A RTA Comment
Should minor issues such as these ones arise again during the tenancy I encourage the parties to try and resolve them at mediation.

Claims and awards in Tenancy Tribunal application 5486974 — net $278.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation – loss of enjoyment and amenity during electrical repairs	$250.00	Compensation – loss of enjoyment and amenity during electrical repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$278.00
Total payable by Landlord to Tenant	$278.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants’ names and identifying details.
A J McPherson & Associates Limited as agent for Seamount Holdings Limited must pay [The tenant/s] $278.00 immediately, calculated as shown in table below:

By consent, the landlord must carry out the following work to the premises, which must be completed by 5 June 2026: a. Trim the tree next to the raised front side gate to ensure the gate operates without restriction b. Replace the tube light bulb in the pantry

Reasons

Both parties attended the hearing. Ms Kinley and Ms Goulding represented the landlord.
The tenants have applied for compensation of $1,325.00 for their loss of enjoyment of the tenancy over a 2-day period when electrical re-wiring work was completed at the premises (including cleaning up) and for gardening work they did at the premises.
The tenants also seek work orders. Background
The tenancy started on 5 January 2026 and is a current tenancy.
The tenants raised some repair and maintenance issues with the landlord, especially as they related to gardening and tree/shrub maintenance.
The landlord gave the tenants verbal approval to trim any shrubs they wanted to along pathways. The landlord does not object to doing certain work but does not consider some of the work to be a priority.
The property inspection report at the start of the tenancy records the tenants’ comments about overgrown shrubs. It also records that the gardens were generally tidy.
The tenancy agreement records at clause 18 that the tenants agree to keep the lawns and gardens weeded and in a generally tidy condition and to remove garden waste.
The premises had to be re-wired; a flickering light appears to have been the catalyst for an electrical inspection that recommended the work be done.
The re-wiring took place over 2 days, during which time the tenants needed to relocate to a studio at the property between 8am and 5pm the first day and 8am and 2pm the second.
One of the tenants works from the studio the other works elsewhere.
The landlord offered some compensation (equivalent to 2 days’ rent) for the tenants’ inconvenience during the period the electrical work was done. The tenants did not confirm acceptance of that offer.
The tenants noted that a light bulb in the pantry does not work. The landlord has provided an attachment to use as a light.
Dissatisfied with the landlord’s response to their concerns, the tenants lodged their application for work orders and compensation. Issues
The issues the Tribunal must determine are these: •Should work orders be made? If so, what work should be ordered? •Should the tenants be awarded compensation for their loss of enjoyment/amenity while the electrical work was done. Relevant law
The following sections of the Residential Tenancies Act 1986 (RTA) are relevant: •Section 45. This section sets out a landlord’s responsibilities. Included among them are the responsibility to provide the premises in a reasonably clean state; to provide and maintain the premises in a reasonable state of repair (having regard to the age and character of the premises); and to comply with the Healthy Homes Standards (HHS). •Section 78(1)(e). This section enables the Tribunal to make work orders. Section 78(2) RTA requires the Tribunal to make a consequential money order for non-compliance if the work order is not made by consent. Compensation
The Tribunal may award compensation to a party for losses arising from a proven breach or breaches by the other party of their statutory responsibilities.
Compensation is generally awarded for actual losses and sometimes for less tangible effects of proven breaches such as a loss of enjoyment of the tenancy and the accompanying stress and anxiety.
In Birch v Otautahi Community Housing Trust 1 the District Court confirmed that the Tribunal must consider the following factors when deciding to award compensation: 1 [2020] NZDC 17667 • The nature of the breach; • The duration of the breach; and • The effect of the breach on the party. Discussion Should work orders be made? If so, what work should be ordered?
After some discussion the landlord’s representatives agreed that the tree/shrub that is blocking the proper use of the raised gate to the front left of the property should be trimmed to allow the gate to be used without restriction. They also agreed to replace the blown tube light bulb in the pantry.
I have made a work order by consent for those matters. Because the order is by consent, I make no consequential money order for non-compliance. I am satisfied that the landlord will have that (minor) work completed within the timeframe I have set.
I make no other work orders. The tenants want other trees, and some flax bushes, trimmed because they say the trees are affecting the neighbour and the flaxes encroach onto the footpath.
Those are matters to be addressed as between the landlord/owner and the neighbour or between the landlord/owner and the Council. They are not issues that the tenants need be concerned with.
The tenants have been given permission to trim certain trees and shrubs should they want to. Any trees that encroach onto the neighbour’s land can be trimmed by the neighbour. As I have noted, the tenants are responsible to keep the gardens weeded and in a generally tidy condition. Should the tenants be awarded compensation for their loss of enjoyment/amenity while the electrical work was done.
I have quoted from case law to illustrate that compensation is generally awarded as a remedy for losses incurred because of a landlord breach.
Here, there was no breach as such. After investigating why a light was flickering, the landlord was advised that the premises should be re-wired. The landlord acted on that advice.
The landlord accepts that the tenants suffered some loss of enjoyment of the tenancy. However, it was minor. For one day, and part of the next, one of the tenants who works from home had to remain in the studio where she usually worked anyway. The other tenant went to work as usual. At the end of the first day, the tenants could not use the cooking facilities and had to eat out. Although they said the premises were uninhabitable, they were not. There was simply some minor inconvenience.
Some minor work was needed after the electrician finished working to remove some wire remnants.
The tenants also mentioned doing garden work. That was their choice. Having chosen to do the work themselves, they cannot expect to be compensated when that was not something agreed to by both parties.
The landlord offered the equivalent of 2 days’ rent in compensation, recognising the tenants’ (brief) loss of amenity. 2 day’s rent amounts to $165.71. That was a reasonable offer, but one made before the landlord knew of the kitchen disruption at the end of the first day of the electrical work.
I consider that compensation of $250.00 is more reasonable and takes into account that the tenants had to buy their meals out for the first night.
I do not accept that the tenants could not use the bathroom facilities during the time the work was done. Any restriction was very minor. Result
The landlord will carry out the agreed work by 5 June 2026. The landlord will pay the tenants compensation of $250.00 for their loss of enjoyment and amenity for 2 days when electrical work was undertaken. This includes any cleaning up they had to do which was very minor. As well the landlord will pay the tenants’ filing fee. Name suppression
Both parties sought a name suppression order. The tenants are entitled to name suppression as the application is successful. The landlord is not entitled to name suppression as their defence to the application is not successful 2 . 2 See section 95A RTA Comment
Should minor issues such as these ones arise again during the tenancy I encourage the parties to try and resolve them at mediation.

Tenancy Tribunal case 5486974 — Property damage at 15 Mountfort Street, Spreydon, Christchurch 8024

At a glance

Tenancy Tribunal case 5486974 — Property damage at 15 Mountfort Street, Spreydon, Christchurch 8024

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