What was the outcome of Tenancy Tribunal case 4434924?

The tribunal order states: The claim is dismissed.

How much money was awarded in case 4434924?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4434924?

The primary dispute was 14-day notice. Related themes: State of repair, Healthy homes, Exemplary damages, Mould & damp.

Where can I read the official tribunal order for case 4434924?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10476014-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4434924?

The tribunal order states: The claim is dismissed.

How much money was awarded in case 4434924?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4434924?

The primary dispute was 14-day notice. Related themes: State of repair, Healthy homes, Exemplary damages, Mould & damp.

Where can I read the official tribunal order for case 4434924?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10476014-Tribunal_Order.pdf.

83 Lithgow Street, Glengarry, Invercargill 9810 Tenancy Tribunal Case 4434924 — 14-day notice

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Reasons

Both parties attended the hearing. The tenant was assisted by her support person Miss Abey.

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

Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair.

Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.

The tenant claims compensation for a number of items that were damaged as a result of the mould in the home.

The tenant confirmed that the tenancy commenced on 26 November 2021 and came to an end on 3 rd January 2023.

On the 27 June 2022 the tenant issued a 14 day notice to the landlord having discovered mould in April.

The records provided by the landlord show that a number of invoices were paid for work carried out in relation to mould issues in June of that same year. There is a healthy homes report that confirms there are no issues.

At the time mould was seen the damage was done. However, it was not bought to the landlord’s attention, nor the tenants until approximately April and followed up by a 14 day notice.

The compensation sought included medical needs and an alleged increase in the power bill.

Given the evidence that the landlord completed work from June following the 14 day notice and given the lack of evidence that shows a direct link between some claims sought and the fact that the damage had been done when both parties became aware of mould, there is insufficient evidence for the tenants claim to be proven.

I therefore must dismiss the claim accordingly.