What was the outcome of Tenancy Tribunal case 4595371?

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

How much money was awarded in case 4595371?

Compensation: Extra power and water…: $250.10 awarded to tenant; Compensation: Fixed Water Refund: $3,287.99 awarded to tenant; Compensation: Plumber’S Bill: $161.00 awarded to tenant; Smoke Alarms: $81.98 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4595371?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 4595371?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9374992-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4595371?

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

How much money was awarded in case 4595371?

Compensation: Extra power and water…: $250.10 awarded to tenant; Compensation: Fixed Water Refund: $3,287.99 awarded to tenant; Compensation: Plumber’S Bill: $161.00 awarded to tenant; Smoke Alarms: $81.98 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4595371?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 4595371?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9374992-Tenancy_Tribunal_Order.pdf.

716 Mount Eden Road, Mount Eden, Auckland 1024 Tenancy Tribunal Case 4595371 — Smoke alarms

Claims and awards in Tenancy Tribunal application 4595371 — net $3,801.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Fixed water refund	$3,287.99	Fixed water refund
Compensation: Extra power and water costs since floods	$250.10	Extra power and water costs since floods
Filing fee reimbursement	$20.44	Filing fee reimbursement
Compensation: Plumber’s bill	$161.00	Plumber’s bill
Compensation: Smoke alarm	$81.98	Smoke alarm
Net award	$3,801.51
Total payable by Landlord to Tenant	$3,801.51

Claims and awards in Tenancy Tribunal application 4595371 — net $3,801.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Fixed water refund	$3,287.99	Fixed water refund
Compensation: Extra power and water costs since floods	$250.10	Extra power and water costs since floods
Filing fee reimbursement	$20.44	Filing fee reimbursement
Compensation: Plumber’s bill	$161.00	Plumber’s bill
Compensation: Smoke alarm	$81.98	Smoke alarm
Net award	$3,801.51
Total payable by Landlord to Tenant	$3,801.51

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The Bond Centre is to pay the bond of $1,290.00 (3215752-003) to Darryl Peter Collins and Claire O'Toole immediately.
Tom A Hart and Robyn Hart must pay Darryl Peter Collins and Claire O'Toole $3,801.51 immediately for fixed water rates refund, compensation for the extra power and water bills since the floods until the end of the tenancy, filing fee, plumbers bill and smoke alarm, as calculated and shown in table below:

Reasons

Both parties attended the hearing.
This is a tenant application for the following: -Compensation for the plumber’s bill, smoke alarm and extra water and power incurred after the Auckland floods earlier this year, report on asbestos in porch, and healthy homes report -Reimbursement of the filing fee -Compensation for loss of income -Refund of the fixed water bills -Exemplary damages for failing to maintain property/ breach of Healthy Homes Standards
The landlord was seeking rent arrears as at the end of the tenancy. It is not in dispute that the tenants stopped paying the rent. At the end of the tenancy the tenants owed $5335.96 in rent arrears. In addition, the landlord claims the tenants owe water bills. However, the landlord has not filed an application with Tenancy Services therefore I cannot consider their rent arrears and water bill claims. I advised the landlord that they are still able to make an application with Tenancy Services for outstanding rent arrears and water bills. Background:
The tenants moved into the property in 2006. Initially the property was managed by Barefoot and Thompson. In 2007 the landlords took over the management of the property.
The landlords lived behind the tenants as there were two properties on the land. The tenant’s home was built in the 1950’s.
All parties agree that they had a good relationship from the start of the tenancy until the Auckland Floods in January and February 2023.
On 7 June 2023, the landlords gave the tenants 90-days’ notice to terminate the tenancy to enable them to undertake a renovation of the property before putting it up for sale.
The tenants gave 28 days’ notice on 16 June 2023 and left the property at the end of that notice period.
The property is a three-bedroom home with a downstairs area that initially housed the laundry, garage, and a storage room. During the tenancy, the tenants asked to be permitted to turn part of the storage and laundry behind the garage area into an office for one of the tenants to conduct their business from. The landlord states that this area was never designated to be a habitable space as it was under the house, on a concrete floor with limited ventilation except through the door and window.
At no time was there ever an understanding that the status of the property had changed with the tenants being permitted to use part of the underneath of the house for their business. The landlord helped the tenants by painting the downstairs area and putting in carpet.
The tenants used that storage and garage area for their business as an office space.
During the Auckland Floods in January and February 2023 (the floods) the downstairs area of the property flooded. The upstairs part of the property was not affected at all.
The tenants claim that the underneath of the property was flooded because of the bad weather but complicated because the drains outside the garage backed up.
The landlord states that during the floods storm water flowed down the long driveway and into the garage and storage/laundry area. The reasons for this were that the culvert drain further up the driveway was blocked with leaf debris and the drain that should have captured the water was blocked. The drain was designed to take the take the water into a soak pit in the backyard. That did not happen and so the water flowed down the driveway.
There had never been any flooding issues previously and after the flood the landlord engaged a company to unblock the drains that were interconnected to three houses. There was only storm water and not sewage in the flood water.
The landlord points out that one side of the garage is open to under the house and so always was affected by the weather.
The tenants say that in addition to the flood waters, there was sewage that soaked into the gib and their belongings that were stored in the garage. The office furniture and carpet were also soaked.
The landlord’s motorbike was being stored in the garage and blocked the tenants removing their possessions from the garage and storage area.
As a result of the floods grout at the side of the building had been washed away and that one window needed a hammer to close it because of the swelling from the water.
The landlords came to the property and tried to assist. The landlords contacted their insurance company immediately.
On 29 th January 2023 one of the tenants and one of their neighbours pulled up the wet carpets from the office/storage/garage area.
On 2 February 2023, the landlord was advised that their insurance policy does not cover the tenants’ possessions.
On 7-8 th March 2023 the landlord tried to get an insurance assessor to visit the property but at the time that was arranged was unsuitable for the tenants.
On 22 March 2023, the landlord contacted the tenants to recarpet the downstairs area. The landlord advised the Tribunal and the tenants at that time that the insurance company has approved the recarpeting of the downstairs area.
The tenants replied that there needs to be further work done to the gib before recarpeting the floor.
The tenants stopped paying the rent in March. When queried by the landlord the tenants sought a rent reduction. The landlord commented that the rent was very low and had only increased $70.00 over a 16-year period. The request for a rent reduction was declined by the landlord.
The tenants say that the downstairs is unusable and therefore the rent should not apply to that portion of the property.
The landlords advised the Tribunal that the actual house was untouched by the floods and the tenants had full use of the house. The only flooding occurred in the garage and storage area.
On 11 April 2023 one of the tenants contacted the Auckland City Council regarding concerns over the level of damage and contamination to the property after the floods.
The landlord did clean, repaint, and recarpet the “office area” after the floods. The insurance company had approved the landlord carrying out this remedial work and paid for the cost of the carpet. Breach of s45 Failure to Maintain/Healthy Homes Standards
Darryl Peter Collins and Claire O'Toole claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must provide the premises in a reasonable state of cleanliness provide and maintain the premises in a reasonable state of repair comply with all requirements in respect of smoke alarms and insulation set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 comply with any relevant enactment in relation to buildings, health, and safety provide an adequate means for the collection and storage of water if there is no reticulated supply
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.
The tenants claim that throughout the tenancy there had also been a “rolling” list of things to be fixed. This was an old property and the tenants claimed it needed a lot of work.
There were specific maintenance matters that the tenants had raised during the tenancy such as the back porch. The porch was old, and the tenants raised concern in 2020 -2021 about the glass in the porch was unsafe due to rotting framing. The landlord did fix and firm up the porch with metal brackets. The tenants were concerned in about asbestos in the products in the porch and obtained a report from a builder. The tenants never asked the landlord to carry out an assessment of the porch nor advised the landlord that they were going to engage the services of the builder. The tenants now seek to recover the cost of that report from the landlord. I am not satisfied that the landlord should be held responsible for the cost of the report obtained independently by the tenants.
The landlord did get an assessment of the porch at a later date, and it was confirmed that there was asbestos in the building products but did not pose a threat to anyone’s health as it was in a stable form, sealed and not broken.
The landlord claimed that the tenants did not raise any further issue with the porch once he had fixed it. The tenants were unable to confirm that they did raise any further issues with the landlord after the firming up of the porch with the metal brackets.
The tenants had ongoing issues with a kitchen tap that would fly off and soak the kitchen bench and flooring. The landlord had gone to the house on a number of occasions to fix the tap, which had served to provide a temporary fix. The landlord engaged the services of plumbers to remedy the tap fitting. Despite the multiple attempts at repairing the tap it would again only be a temporary fix and would break down again.
The tenants obtained their own plumber on one occasion and sought the cost of the plumber to be reimbursed by the landlord. The tenants have provided an invoice for $161.00 for the plumbers’ bill, which the landlord is happy to reimburse to the tenants.
Despite the tap fitting being a constant problem, the landlords sought to remedy and repair on each occasion that they were advised of a problem.
The tenants advised in the hearing that they did not tell the landlords of the ongoing problems with the tap fitting as it was “not a useful exercise in time or energy to communicate with the landlord over the tap”
The tenants claim that the tap fitting problem was a symptom of a problem with the water pressure. The landlord had the hot water cylinder replaced and the pressure checked by a plumber and there were no problems with it.
The tenants discussed with the landlord that the pavers in the front on the house and driveway were uneven and dangerous. The landlord says that the tenants did mention the pavers but only in passing when he was doing other maintenance at the property, similarly the outside lighting.
The tenants talked about having rotten window frame and poor ventilation in the bathroom. The window in the bathroom did not have a security stay on it and so would fly open once the latch was opened. The tenant hit her head on the open bathroom window when she was bringing washing in from outside. The tenants claims that she was injured because the window frame was soft, and a safety stay on the window would not hold as a result. The landlord denies knowing about the soft window frame.
The tenants claim they had to replace the curtains with thermal curtains because the other drapes were mouldy. The landlord was never told about the replacement thermal drapes and the reasons for them.
There were claims about the shower, but the bathroom was renovated in 2018- 2019 and there was no evidence given of the problem.
The landlord advised that during the time the tenants have been in the property there have been significant improvement in the property such as repainting, new carpets in the lounge and bedrooms, new curtains and blinds, new bathroom, installation of a heat pump, improved insulation especially under floor. A new roof and guttering were installed to improve the weather tightness. In addition, a new dishwasher, fence repairs, tree removal, new planting, new stove, new hot water cylinder and service, chemwash of house, regular servicing on heat pump, and drains cleared.
I do not find that the landlords have failed to maintain the property nor were in breach of the healthy homes’ standards. The evidence produced has provided proof of extensive repairs and maintenance done to the house over the term of the tenancy. they have committed an unlawful act.
The role of the Tribunal is to assess the evidence and determine whether allegations are established to the requisite standard, the civil standard of balance of probabilities.
The standard required by the Act is a “reasonable” standard. This is an objective test. It also applies to the overall condition of the premises, and whether or not the landlord has responded to specific notice of lack of repair is not necessarily determinative of whether the test is met. Nor is it particularly relevant that the tenant knew of the condition and may have been prepared to live in the premises, notwithstanding the condition.
As I have not found that the landlord has breached their obligations under s45 RTA I am not awarding exemplary damages. Water rates- fixed wastewater fee
Throughout the tenancy the landlord had been charging the tenants for the fixed wastewater fee. That is not part of the water invoices that a tenant is responsible for. The landlord acknowledges that they were unaware of the obligation on a landlord to pay this portion of the water bills and were willing to remedy this oversight.
The tenants have provided an estimate of the costs they believe reflect the over payment made to the landlord. The sum of $3287.99 was calculated as reimbursement over 16 years of the wastewater fixed fee portion of the water bills, they paid.
I am satisfied that the tenants have proven their claim for the wastewater fixed fee. Power and water extra usage since floods
The tenants have incurred higher water and power bills since the floods are a result of the need to run heaters and dehumidifiers in the downstairs and water to clean up. The landlord is willing to pay the extra costs specified by the tenants.
The tenants are claiming $250.00 for the increase in bills they received as a result of the clean up from the flooding.
I am satisfied that the tenants have proven their claims for the extra utility costs. Smoke alarm
The tenants purchased a new smoke alarm for the property as the existing alarm was dated. The landlord is willing to pay the cost of the replacement smoke alarm.
The tenants seek $81.99 for the replacement smoke alarm.
I am satisfied that the tenants have proven their claim for the smoke alarm. Reports and loss of income
The tenants are seeking to be reimbursed for two reports they obtained relating to the asbestos in the products and a healthy home assessment. I am not considering these costs as they were obtained by the tenants for their own purposes without the knowledge of the landlord. The landlord should not be held liable for the costs the tenants deliberately incurred.
At the start of the hearing and mention was made in their application, the tenants sought compensation for the loss of income after the floods. The tenants sought to qualify their loss and what they expected the landlords to pay.
I cannot consider this claim as not only is it unquantifiable, but this is not the responsibility of the landlords. At no time did the landlords provide the tenants with an office space. The house remained untouched by the floods and therefore the business could have been run from there rather than the garage area.
The bond centre is to refund the tenants bond immediately.
The tenant did not seek suppression of their details.
Because Darryl Peter Collins, Claire O'Toole has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4595371 — Smoke alarms at 716 Mount Eden Road, Mount Eden, Auckland 1024

At a glance

Tenancy Tribunal case 4595371 — Smoke alarms at 716 Mount Eden Road, Mount Eden, Auckland 1024

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