What was the outcome of Tenancy Tribunal case 4608849?

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

How much money was awarded in case 4608849?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4608849?

The primary dispute was Leaks. Related themes: State of repair, Cleanliness, Healthy homes.

Where can I read the official tribunal order for case 4608849?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9502492-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4608849?

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

How much money was awarded in case 4608849?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4608849?

The primary dispute was Leaks. Related themes: State of repair, Cleanliness, Healthy homes.

Where can I read the official tribunal order for case 4608849?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9502492-Tenancy_Tribunal_Order.pdf.

15A Brookland Road, Western Heights, Rotorua 3015 Tenancy Tribunal Case 4608849 — Leaks

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Reasons

Both the parties were present during the hearing.

The onus is on the applicant to substantiate their claim based on the balance of probabilities.

The primary claims presented by the Tenant pertained to the Landlord’s purported neglect of cleaning gutters and addressing a malfunctioning thermostat in the property.

The obligations of the Landlord as per s 45(1)(b) of the Residential Tenancies Act 1989 requires the premises should be kept in a reasonable state of repair by the Landlord, considering its age and anticipated habitability duration.

As evidence, the Tenant tabled power bills from April 2022, highlighting an alleged sharp increase in power costs from August 2022 onwards.

Despite requests, the Tenant did not furnish power invoices from 2021. I have given the Tenant two weeks to do so.

In response, the Landlord conducted a detailed analysis of the power bills and identified no direct correlation between the highlighted repairs and the increased charges. Furthermore, they pinpointed the installation of a new power meter in August 2022 as a potential cause.

The Landlord’s interaction logs with the Tenant demonstrate a pattern of consistent communication, inquiries, and rectifications. These interactions included addressing complaints about power bills, potential water overflow, and issues with gutters and a heat pump.

Plumbing evaluations confirmed the absence of leaks, although there was a minor issue with tap temperature.

An electrician was engaged to address the thermostat issue, for which the Landlord provided an invoice. Subsequent actions and relevant invoices further indicate the Landlord’s proactive stance towards the Tenant's concerns.

Analysis of power bills from July 2022 to January 2023 illustrated a consistent reduction in average daily costs.

The introduction of a new meter in August 2022 coincided with an uptick in daily charges, hinting that the Tenant’s previous consumption may not have been properly measured.

Factors like a potential seasonal transition or reduced heating appliance usage could also explain the declining power costs.

The evidence shows the Landlord’s committed attempts to address and rectify any grievances raised by the Tenant.

The evidence presented does not conclusively prove the Landlord’s breach of s 45 of the Residential Tenancies Act 1989.

In light of the evidence and arguments, the Tenant’s claims have not been substantiated sufficiently to hold the Landlord in violation of their obligations.

Therefore, the application stands rejected.