What was the outcome of Tenancy Tribunal case 4517633?

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

How much money was awarded in case 4517633?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4517633?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4517633?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9464196-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4517633?

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

How much money was awarded in case 4517633?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4517633?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4517633?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9464196-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 44 Stanley Point Road, Stanley Point, Auckland Tenancy Tribunal Case 4517633 — Healthy homes

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Reasons

Both parties attended the hearing. The tenant was represented by Choon Wee Ang.

The tenant has applied for a claim relating to the Healthy Homes standards.

The claim concerns the flooding event in Auckland on 27 January 2023. The downstairs of the tenancy flooded. The tenant is seeking compensation equivalent to one week’s rent of $695.00 due to the damage caused by the flood.

The tenant refers to the drainage on the premises and states in her application that the landlord had covered the drainage with planter boxes. This is denied by the landlord who says that subsequent to the flooding she has not been able to locate a stormwater drain for the premises.

At the hearing the landlord produced a Certificate of Compliance dated 4 August 2022 which states that the tenancy complies with regulation 27 of the Healthy Homes standards in that it has an effective drainage system.

This certificate is evidence that the landlord had complied with her obligation in relation to the Healthy Homes standards as it relates to drainage. What transpired was that either the drainage was not effective due to the heavy rainfall, or the flooding of the premises had been exacerbated by other factors such as the neighbour’s swimming pool overflowing.

After the flooding the landlord arranged for a contractor to commence the clean up within 24 hours of the flooding. The landlord had offered the tenant alternate accommodation which was not accepted and instead she stayed elsewhere. That accommodation required considerable travel to the tenant’s place of employ.

I acknowledge that there was some inconvenience to the tenant as there was to all tenants and landlords who were impacted by the flooding. But the question I must consider is whether the landlord was in breach of the Healthy Homes standards and if so, whether the tenant should be compensated.

Given the Certificate of Compliance I consider that the landlord has not breached the Healthy Homes standards. Also, it became apparent during the hearing that the landlord had already offered rent relief equivalent to 11 days rent totalling $1092.00 as well as a reduction in the utility costs. That offer had been accepted.

I do not consider that the tenant is entitled to any further compensation. In the circumstances the landlord acted reasonably.

The tenant’s claim is dismissed.

Reasons

Both parties attended the hearing. The tenant was represented by Choon Wee Ang.

The tenant has applied for a claim relating to the Healthy Homes standards.

I do not consider that the tenant is entitled to any further compensation. In the circumstances the landlord acted reasonably.

The tenant’s claim is dismissed.

Tenancy Tribunal case 4517633 — Healthy homes at Unit/Flat 3, 44 Stanley Point Road, Stanley Point, Auckland

At a glance

Tenancy Tribunal case 4517633 — Healthy homes at Unit/Flat 3, 44 Stanley Point Road, Stanley Point, Auckland

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions