How much money was awarded in case 4301049?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4301049?

The primary dispute was Mould & damp. Related themes: State of repair, Leaks.

Where can I read the official tribunal order for case 4301049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10109382-Tribunal_Order.pdf.

How much money was awarded in case 4301049?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4301049?

The primary dispute was Mould & damp. Related themes: State of repair, Leaks.

Where can I read the official tribunal order for case 4301049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10109382-Tribunal_Order.pdf.

5 Lilburn Crescent, Massey, Auckland 0614 Tenancy Tribunal Case 4301049 — Mould & damp

Q: What was the outcome of Tenancy Tribunal case 4301049?

The tribunal order states: No application for suppression has been made in this case and no suppression

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Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

The tenant’s application regarding mould at the premises is dismissed.

The Tribunal order made on 27 th June 2022 under NZTT 4303368 and 4601049 requiring the tenant to remove the cabin from the premise stands.

The landlord must engage in a professional mould cleaner to clean the inside the tenant’s premises by no later than 5:00 pm on Wednesday 3 rd April 2024.

The tenant must remove the cabin from the premises by no later than 5:00 pm on Wednesday 17 th April 2024.

If the cabin has not been removed by 5:00 pm on Wednesday 24 th April 2024, the landlord can dispose of the cabin and charge the tenant for the disposal fees.

Reasons

Both parties attended the hearing and were represented.

The Tribunal made an order on 27 th June 2022 requiring the tenant to remove the cabin from the premises.

The tenant appealed the decision to the District Court. 4301049, 4303368, 4330006, 46918292

On 10 th August 2023, her Honour Judge Davenport KC stayed the order made regarding the removal of the cabin until the Tribunal could make a decision regarding mould.

The tenant claimed that there was mould at the premises that prevented her from living comfortably at the property.

In support of the tenant’s claim, the tenant provided a report from Forensic Specialists dated 27 th September 2023. The report noted presence of Pithomyces, Cladosporium, Basidospores, Stachbotrys and Aspergillus.

However, the report found that the fungal rating for all mould was “very low” meaning that the fungal material loading covered five percent or less of the representative field of view. Only Pithomyces was rated as “low” meaning the cover was between five and 25 percent of the representative field of view.

Another report by All Clear Group Limited dated 22 nd September 2023 had been commissioned and it found that there was no Stachbotrys found according to the laboratory certificate contrary to the Forensic Specialists’ report. The conclusion of the report was that none of the mould found from inside the premises caused any significant health risk.

It was further noted that the presence of mould was higher outside the premises than inside the premises.

The tenant suffers from medical conditions where her respiratory system is affected. The claim was that the mould at the property would exacerbate the tenant’s health issues.

However, all of the tenant’s other family members were living inside the premises without any health issues.

The landlord only has an obligation to provide the premises reasonably clean. There is no obligation on the landlord to provide the premises extra clean to cater for individual tenant’s medical conditions.

Mould is a joint responsibility of both parties. As long as the landlord does not provide a premises that is affected by mould or dampness, it is the tenant’s responsibility to maintain the premises free from mould.

Although there have been leaks in the past in the roof, that has now been rectified. The gutters were being cleaned regularly. There was no evidence that the premises suffered from any significant mould issues.

Therefore, I dismiss the tenant’s application regarding mould.

The original order regarding removal of the cabin stands.

For the sake of the tenant, the landlord has agreed to pay for a professional mould cleaner to have the premises cleaned within two weeks. 4301049, 4303368, 4330006, 46918293

The tenant will remove the cabin within four weeks. If the tenant cannot do that, the landlord can dispose of the cabin after five weeks of this order and charge the tenant for the disposal fees.

The tenant must disconnect any connections to the cabin and reinstate the area as before when the cabin is removed.

Order