What was the outcome of Tenancy Tribunal case 4616733?

The tribunal order states: Oaks Property Management Ltd as agent for Omahu Development Ltd must

How much money was awarded in case 4616733?

Filing Fee: $20.44 awarded to landlord; Garden Waste Disposal Cost: $200.00 awarded to landlord

What type of tenancy dispute was case 4616733?

The primary dispute was Mould & damp. Related themes: State of repair, Healthy homes, Compensation.

Where can I read the official tribunal order for case 4616733?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9532541-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4616733?

The tribunal order states: Oaks Property Management Ltd as agent for Omahu Development Ltd must

How much money was awarded in case 4616733?

Filing Fee: $20.44 awarded to landlord; Garden Waste Disposal Cost: $200.00 awarded to landlord

What type of tenancy dispute was case 4616733?

The primary dispute was Mould & damp. Related themes: State of repair, Healthy homes, Compensation.

Where can I read the official tribunal order for case 4616733?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9532541-Tenancy_Tribunal_Order.pdf.

22 Burundi Avenue, Clendon Park, Auckland 2103 Tenancy Tribunal Case 4616733 — Mould & damp

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Order

Claims and awards in Tenancy Tribunal application 4616733. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Garden waste disposal cost	$200.00		Garden waste disposal cost
Filing fee reimbursement	$20.44		Filing fee reimbursement

Oaks Property Management Ltd as agent for Omahu Development Ltd must carry out the following work to the premises, which must be completed by 27 November 2023: a. Repair or replace the front door and framing to a reasonable standard of repair. b. Repair or replace the malfunctioning garage roller door as required to ensure the door functions to a reasonable standard of repair.

Oaks Property Management Ltd as agent for Omahu Development Ltd must immediately pay Shontell Keri-Anne Hepi $220.44 calculated as set out in the table below:

Reasons

Shontell Keri-Anne Hepi attended in person. Her sister Charlene represented her. She was also supported by her mother Raewyn.

Sunbera Mohsin and Abhilash Suja attended the hearing for the landlord’s agent.

The tenant seeks compensation for the cost of disposing of garden waste and work orders.

Should the landlord reimburse the tenant for garden waste removal?

The tenancy began on 6 September 2022. Since then, the tenant has been in contact with the property managers about maintenance issues, which have gradually been dealt with.

The landlord trimmed some trees and foliage at the front of the premises at the tenant’s request. The tenant also removed a spreading ground covering bush without consulting the landlord.

The garden work was maintenance work. It is the landlord who is responsible for maintenance. However, tenants should generally not remove plants or do maintenance work without the landlord’s permission.

Ms Mohsin says the landlord and the tenant agreed that the landlord would arrange for some garden work on the basis that the tenant disposed of the garden waste. However, there is no documentary evidence of that arrangement.

Ms Mohsin added that the landlord was displeased that the tenant had removed the ground covering plant by the letterbox. The tenant accepted that she removed it without consulting the landlord.

The photographs I have viewed indicate that a dense thicket of ground covering plants and shrubs had grown at the front of the property. They needed some maintenance work, whether that was removal or trimming back. As it happened, most of the plants were removed by the landlord and by the tenant.

The result was an improvement in my view. The landlord can replant if they wish.

I accept the tenant’s evidence that her family spend about $400.00 on tip fees for the garden waste.

It is fair and appropriate to order that the landlord pays 50 per cent of that cost. 1 Should the Tribunal make work orders

The tenant seeks work orders for repairs to the front door and one of the garage’s roller doors.

The correspondence between the parties indicates issues with the front door have been an ongoing problem. Mr Suja said he arranged for a contractor to repair the door again within the last few weeks but is not opposed to a work order for another repair given the tenant says a new issue has emerged.

Given the door’s continuing issues, it may be time to replace the door and/or its framing, but that is a matter for the landlord and its contractor to determine. The door must be repaired to a reasonable state of repair. The repair must be enduring. That is, the door should be repaired or replaced to a standard that it does not fail and need repair again, at least for a few years.

The tenant submitted photographs showing that one of the garage’s roller doors is cracking in places, probably due to fair wear and tear. The damage makes it difficult for the tenant to open and close the door. I accept the tenant’s submission that the door is not in a reasonable state of repair as required by s 45(1)(b) of the Residential Tenancies Act 1986. It is appropriate to make a work order for the repair of the door also. 2

If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order. A monetary order is not required because the work orders are made by consent of both parties.

The tenant raised concerns about mould and damp problems in two back bedrooms. The possible causes of the damp and mould were discussed. However, there is no apparent structural or building defect, so it is not evident that the landlord is in breach of their obligations that is in any way contributing to the mould and damp. The property managers say the bedrooms have floor and ceiling insulation, there is a ground covering to prevent damp rising from the earth underneath the bedrooms. They say a professional healthy homes assessor has inspected the premises and confirmed that it complies with the standards.

One of the bedrooms has no window, only an external sliding door. However, the sliding door counts as an opening. It may be to be both parties’ benefit to fit 1 Under s 85(2) of the Residential Tenancies Act 1986 (RTA), the Tribunal must decide the matter in accordance with the general principles of the law relating to the matter and the substantial merits and justice of the case. 2 RTA, s 78(1)(e). the bedrooms’ external windows and doors with security stays, so the bedrooms can be aired even when no one is home.

However, I am not minded to making any work order about the mould and damp without evidence indicating any omission by the landlord or any solution to the problem. Filing fee

I order the landlord to reimburse the tenant for the filing fee because she has substantially succeeded with the claim.

Order

Claims and awards in Tenancy Tribunal application 4616733. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Garden waste disposal cost	$200.00		Garden waste disposal cost
Filing fee reimbursement	$20.44		Filing fee reimbursement