What was the outcome of Tenancy Tribunal case 4589889?

The tribunal order states: Joshua Francis Townsend to pay Glen Wicksteed $804.13 from the bond,

How much money was awarded in case 4589889?

Advertising Costs: $199.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Power Costs: $203.26 awarded to landlord; Rent Arrears: $381.43 awarded to landlord

What type of tenancy dispute was case 4589889?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4589889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9217556-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4589889?

The tribunal order states: Joshua Francis Townsend to pay Glen Wicksteed $804.13 from the bond,

How much money was awarded in case 4589889?

Advertising Costs: $199.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Power Costs: $203.26 awarded to landlord; Rent Arrears: $381.43 awarded to landlord

What type of tenancy dispute was case 4589889?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4589889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9217556-Tenancy_Tribunal_Order.pdf.

117 Mt Pleasant Road, Mount Pleasant, Christchurch 8081 Tenancy Tribunal Case 4589889 — Rent arrears

Claims and awards in Tenancy Tribunal application 4589889 — net $804.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$381.43	Rent arrears
Power costs	$203.26	Power costs
Advertising costs	$199.00	Advertising costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$804.13
Bond	$1,720.00
Total payable by Tenant to Landlord	$804.13

Order

Joshua Francis Townsend to pay Glen Wicksteed $804.13 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,720.00 (3239494-012) immediately apportioned as follows: Glen Wicksteed: $804.13 Joshua Francis Townsend: $915.87
The tenant’s application is dismissed.

Reasons

Both parties attended the hearing.
The landlord, Mr Wicksteed, has applied for rent arrears, power costs, costs to advertise the premises, payment of the bond, and payment of the filing fee following the end of the tenancy.
The tenant, Mr Townsend accepts the landlord’s claims for rent, power costs and advertising costs. However, he cross applied for orders for breach by Mr Wicksteed of the Healthy Homes Standards. In particular: failure to provide the required statements with the tenancy agreement; failure to comply with the requirements for insulation; and failure to comply with the requirements regarding heating within the required timeframe. Healthy Homes Statements
Landlords are required to include certain signed statements in all new tenancy agreements commencing after 1 December 2020, and all written variations or renewals taking effect after 1 December. These statements include a statement that the landlord will comply with the healthy homes standards, and details regarding insulation and heating in the premises: s 13A of the Residential Tenancies Act 1986 (the Act). A failure to do so is an unlawful act for which exemplary damages up to $750.00 may be payable: s 13A(1F)(a) and sch 1A.
The statements were completed by Mr Wicksteed, although they were not signed. However, it appears that they were completed after Mr Townsend had signed the tenancy agreement and the signed tenancy agreement together with the statements were then emailed to Mr Townsend later that day.
The completed statements ought to have been with the tenancy agreement when Mr Wicksteed signed it. The statements should also have been signed by Mr Wicksteed. However, I do not consider this an appropriate case for an award of exemplary damages. The beaches are minor and, given that Mr Townsend said that he was unaware at the time of the requirement for compliance with the Healthy Homes Standards, not having them at the time he signed the tenancy agreement had little or no impact on his decision to agree to the tenancy.
Mr Townsend’s claim under this head is therefore dismissed. Insulation
Section 45(1)(bb) of the Act requires all landlords to install in rental premises ceiling and underfloor insulation (provided those areas are accessible) that complies with the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016. Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00: section 45 (1)(A) and Schedule 1A of the Act.
There was no dispute that there is no underfloor, ceiling or wall insulation in the premises. However, the tenancy premises is the second storey of a two-storey property and therefore it is clear that it is not possible to install insulation under the floor of the tenancy premises. It was also not in dispute that the premises have a flat roof with no ceiling space, and therefore this area is also inaccessible to allow insulation to be installed. There is no legal requirement for rental premises to have wall insulation.
This means that Mr Wicksteed is not in breach of the requirements regarding insulation and this claim is also dismissed. Heating
Mr Wicksteed calculated the heating capacity requirements for the living room at the premises using the Tenancy Services calculator and recorded in the tenancy agreement that the required heating capacity is 7.9 kilowatts. The heat pump in the premises was recorded at providing an output of 6.8 kilowatts and an oil fin heater with 2.4 kilowatts capacity was also provided, thus making a total heating capacity for the heating provided for the living room 9.2 kilowatts.
I am therefore satisfied that Mr Wicksteed has complied with his obligations regarding the provision of heating in the premises. Mr Townsend said that he had to move the oil fin heater to the other end of the house to heat that area but that was his choice and does not alter the fact that the heating provided by Mr Wicksteed to heat the living room complied with the Standards. There is no obligation on a landlord to provide heating to heat other areas of the house.
The claim is therefore also dismissed. Tribunal application fee
Mr Wicksteed has been fully successful in his claims and is therefore entitled to payment of the Tribunal application fee.

Claims and awards in Tenancy Tribunal application 4589889 — net $804.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$381.43	Rent arrears
Power costs	$203.26	Power costs
Advertising costs	$199.00	Advertising costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$804.13
Bond	$1,720.00
Total payable by Tenant to Landlord	$804.13

Order

Joshua Francis Townsend to pay Glen Wicksteed $804.13 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,720.00 (3239494-012) immediately apportioned as follows: Glen Wicksteed: $804.13 Joshua Francis Townsend: $915.87
The tenant’s application is dismissed.

Reasons

Both parties attended the hearing.
The landlord, Mr Wicksteed, has applied for rent arrears, power costs, costs to advertise the premises, payment of the bond, and payment of the filing fee following the end of the tenancy.
The tenant, Mr Townsend accepts the landlord’s claims for rent, power costs and advertising costs. However, he cross applied for orders for breach by Mr Wicksteed of the Healthy Homes Standards. In particular: failure to provide the required statements with the tenancy agreement; failure to comply with the requirements for insulation; and failure to comply with the requirements regarding heating within the required timeframe. Healthy Homes Statements
Landlords are required to include certain signed statements in all new tenancy agreements commencing after 1 December 2020, and all written variations or renewals taking effect after 1 December. These statements include a statement that the landlord will comply with the healthy homes standards, and details regarding insulation and heating in the premises: s 13A of the Residential Tenancies Act 1986 (the Act). A failure to do so is an unlawful act for which exemplary damages up to $750.00 may be payable: s 13A(1F)(a) and sch 1A.
The statements were completed by Mr Wicksteed, although they were not signed. However, it appears that they were completed after Mr Townsend had signed the tenancy agreement and the signed tenancy agreement together with the statements were then emailed to Mr Townsend later that day.
The completed statements ought to have been with the tenancy agreement when Mr Wicksteed signed it. The statements should also have been signed by Mr Wicksteed. However, I do not consider this an appropriate case for an award of exemplary damages. The beaches are minor and, given that Mr Townsend said that he was unaware at the time of the requirement for compliance with the Healthy Homes Standards, not having them at the time he signed the tenancy agreement had little or no impact on his decision to agree to the tenancy.
Mr Townsend’s claim under this head is therefore dismissed. Insulation
Section 45(1)(bb) of the Act requires all landlords to install in rental premises ceiling and underfloor insulation (provided those areas are accessible) that complies with the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016. Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00: section 45 (1)(A) and Schedule 1A of the Act.
There was no dispute that there is no underfloor, ceiling or wall insulation in the premises. However, the tenancy premises is the second storey of a two-storey property and therefore it is clear that it is not possible to install insulation under the floor of the tenancy premises. It was also not in dispute that the premises have a flat roof with no ceiling space, and therefore this area is also inaccessible to allow insulation to be installed. There is no legal requirement for rental premises to have wall insulation.
This means that Mr Wicksteed is not in breach of the requirements regarding insulation and this claim is also dismissed. Heating
Mr Wicksteed calculated the heating capacity requirements for the living room at the premises using the Tenancy Services calculator and recorded in the tenancy agreement that the required heating capacity is 7.9 kilowatts. The heat pump in the premises was recorded at providing an output of 6.8 kilowatts and an oil fin heater with 2.4 kilowatts capacity was also provided, thus making a total heating capacity for the heating provided for the living room 9.2 kilowatts.
I am therefore satisfied that Mr Wicksteed has complied with his obligations regarding the provision of heating in the premises. Mr Townsend said that he had to move the oil fin heater to the other end of the house to heat that area but that was his choice and does not alter the fact that the heating provided by Mr Wicksteed to heat the living room complied with the Standards. There is no obligation on a landlord to provide heating to heat other areas of the house.
The claim is therefore also dismissed. Tribunal application fee
Mr Wicksteed has been fully successful in his claims and is therefore entitled to payment of the Tribunal application fee.

Tenancy Tribunal case 4589889 — Rent arrears at 117 Mt Pleasant Road, Mount Pleasant, Christchurch 8081

At a glance

Tenancy Tribunal case 4589889 — Rent arrears at 117 Mt Pleasant Road, Mount Pleasant, Christchurch 8081

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