What was the outcome of Tenancy Tribunal case 4596709?

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

How much money was awarded in case 4596709?

Filing Fee: $20.44 awarded to landlord; Rent: $975.00 awarded to landlord

What type of tenancy dispute was case 4596709?

The dispute type was not classified.

Where can I read the official tribunal order for case 4596709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9291322-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4596709?

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

How much money was awarded in case 4596709?

Filing Fee: $20.44 awarded to landlord; Rent: $975.00 awarded to landlord

What type of tenancy dispute was case 4596709?

The dispute type was not classified.

Where can I read the official tribunal order for case 4596709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9291322-Tribunal_Order.pdf.

1200A Omanawa Road, Omanawa, RD 1, Omanawa 3171 Tenancy Tribunal Case 4596709 — Tenancy dispute

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1200A Omanawa Road, Omanawa, RD 1, Omanawa 3171 Tenancy Tribunal Case 4596709 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4596709 — net $995.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 19 March 2023	$975.00	Rent to 19 March 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$995.44
Total payable by Tenant to Landlord	$995.44

Claims and awards for application 4596709 — net $995.44 NZD. Verify on MoJ.

Rent to 19 March 2023

Amount: $975.00
Awarded to: Landlord
Reason: Rent to 19 March 2023

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $995.44

Total payable by Tenant to Landlord

Landlord $995.44

Claim types — money lines allowed on this order

Filing Fee

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Natasha Hygemann must pay Monique Else Groothuis and Kevin David Long $995.44 immediately, calculated as shown in the table below.

Reasons

Both parties attended the telephone hearing on 10 August 2023.
The landlord has applied for rent arrears and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 19 March 2023. The landlord provided a rent summary showing the amount owing at the end of the tenancy.
The tenant referred to significant flooding at the property which affected the bathroom, living room and some of the bedrooms. She said this made the property unhealthy for her children and she decided she had to leave. The flooding also damaged some of her belongings.
The landlords said there was flooding at the property in October 2022, but this was dealt with immediately by insurers, who attended with carpet driers and subsequently performed repairs.
The landlord said the tenant decided to leave the premises because she wanted a bigger place for her children and the ability to enrol in a particular school. The landlord said there was no mention of the healthy homes standards or anything like that when the tenant moved out. The tenant also appeared to accept, at one point during the hearing, that she was not fully aware of the extent of the mould until she moved out.
The tenant presented no documentary or photographic evidence to support her position. The Tribunal is faced with conflicting oral evidence. I also note that the flooding occurred in October 2022 and the tenant moved out in March 2023, which does not seem consistent with the property being uninhabitable. Given the state of the evidence, I am not satisfied on the balance of probabilities that the property was so damaged that it was uninhabitable (in which case, the rent would abate accordingly – see section 59 of the Residential Tenancies Act 1986).
The landlord is entitled to an order for payment of rent for the last 3 weeks of the tenancy. If the tenant believes she has paid excess rent or is entitled to compensation, it will be necessary to file an application supported by evidence. Filing fee
The landlord’s application for rent arrears has succeeded. I award the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4596709 — net $995.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 19 March 2023	$975.00	Rent to 19 March 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$995.44
Total payable by Tenant to Landlord	$995.44

Claims and awards for application 4596709 — net $995.44 NZD. Verify on MoJ.

Rent to 19 March 2023

Amount: $975.00
Awarded to: Landlord
Reason: Rent to 19 March 2023

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $995.44

Total payable by Tenant to Landlord

Landlord $995.44

Claim types — money lines allowed on this order

Filing Fee

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Natasha Hygemann must pay Monique Else Groothuis and Kevin David Long $995.44 immediately, calculated as shown in the table below.

Reasons

Both parties attended the telephone hearing on 10 August 2023.
The landlord has applied for rent arrears and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 19 March 2023. The landlord provided a rent summary showing the amount owing at the end of the tenancy.
The tenant referred to significant flooding at the property which affected the bathroom, living room and some of the bedrooms. She said this made the property unhealthy for her children and she decided she had to leave. The flooding also damaged some of her belongings.
The landlords said there was flooding at the property in October 2022, but this was dealt with immediately by insurers, who attended with carpet driers and subsequently performed repairs.
The landlord said the tenant decided to leave the premises because she wanted a bigger place for her children and the ability to enrol in a particular school. The landlord said there was no mention of the healthy homes standards or anything like that when the tenant moved out. The tenant also appeared to accept, at one point during the hearing, that she was not fully aware of the extent of the mould until she moved out.
The tenant presented no documentary or photographic evidence to support her position. The Tribunal is faced with conflicting oral evidence. I also note that the flooding occurred in October 2022 and the tenant moved out in March 2023, which does not seem consistent with the property being uninhabitable. Given the state of the evidence, I am not satisfied on the balance of probabilities that the property was so damaged that it was uninhabitable (in which case, the rent would abate accordingly – see section 59 of the Residential Tenancies Act 1986).
The landlord is entitled to an order for payment of rent for the last 3 weeks of the tenancy. If the tenant believes she has paid excess rent or is entitled to compensation, it will be necessary to file an application supported by evidence. Filing fee
The landlord’s application for rent arrears has succeeded. I award the filing fee.

Tenancy Tribunal case 4596709 — Tenancy dispute at 1200A Omanawa Road, Omanawa, RD 1, Omanawa 3171

At a glance

Tenancy Tribunal case 4596709 — Tenancy dispute at 1200A Omanawa Road, Omanawa, RD 1, Omanawa 3171

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