How much money was awarded in case 4621153?

Nd Paint The Gib Ceiling In The Leak…: $2,000.00 awarded to landlord

Where can I read the official tribunal order for case 4621153?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9252812-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4621153?

Nd Paint The Gib Ceiling In The Leak…: $2,000.00 awarded to landlord

Where can I read the official tribunal order for case 4621153?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9252812-Tenancy_Tribunal_Order.pdf.

45 Cuffs Road, Wainoni, Christchurch 8061 Tenancy Tribunal Case 4621153 — Leaks

Q: What was the outcome of Tenancy Tribunal case 4621153?

The tribunal order states: An application for suppression has been made in this case by the landlord but

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Order

Claims and awards in Tenancy Tribunal application 4621153. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
nd paint the gib ceiling in the leak affected bedroom. 4. As an alternative to compliance with Order 3, the landlord mus	$2,000.00		nd paint the gib ceiling in the leak affected bedroom. 4. As an alternative to compliance with Order 3, the landlord mus

An application for suppression has been made in this case by the landlord but no order is made as the criteria for suppression set out in section 95A of the Residential Tenancies Act 1986 are not met.

By consent, Bede Pascoe must pay Tiffani Barker and Ben Porter $1,750.00 immediately, being compensation for the loss of use and enjoyment of the premises for the period 27 April to 2 August 2023.

The landlord must carry out the following work to the premises, which must be completed by 31 August 2023: a. Complete the replacement of the flat roof section of the roof (85% completed already); and b. Replace, plaster, and paint the gib ceiling in the leak affected bedroom.

As an alternative to compliance with Order 3, the landlord must pay the tenant $2,000.00 immediately after 31 August 2023.

The application for additional compensation for breaches of the tenant’s quiet enjoyment is withdrawn.

The application for exemplary damages for the landlord’s failure to maintain and repair the premises is withdrawn.

Reasons

Both parties attended the hearing. Ms Youngman attended with the landlord as she is the recently appointed property manager.

The tenant has applied for a work order for the repair of a section of roof and the repair of a ceiling in a bedroom damaged by leaking.

The tenant has also applied for compensation and exemplary damages for a loss of quiet enjoyment of the tenancy and the landlord’s failure to maintain and repair the premises. Work order

Under section 45(1)(a) - (ca) Residential Tenancies Act 1986, the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements.

Where the Tribunal finds that the landlord has failed to comply with any of these obligations, it may make an order for the landlord to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.

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.

The landlord gave evidence that the affected part of the roof has almost been completely repaired (85% replaced) following which the bedroom ceiling will be replaced, plastered, and painted. He explained that the work would have been completed by now but for his contractor becoming unwell this week.

The landlord hopes the work will be completed within 2 weeks, but I have made the timeframe 4 weeks to allow for anything unexpected.

Although the work order is made by consent, I have made a consequential money order since the tenant has been waiting since the middle of March for the problem to be resolved. Compensation

The landlord agreed to pay the tenant compensation of $125.00 per week for the loss of use of the bedroom soon after the ceiling was damaged by leaking.

The landlord made 1 payment of $750.00 on 12 April 2023 for the period ending 26 April 2023.

I have made an order by consent for the landlord to pay the same weekly amount for the period from 27 April to today, a total of $1,750.00.

The landlord made the payment by phone banking at the hearing today, so the order has already been complied with.

There will be some additional compensation due for the period from tomorrow until the work is completed but I cannot anticipate the period, so no order is made. I am confident that the landlord will make that payment as agreed.

The tenant separately applied for compensation for breaches of quiet enjoyment and their frustration with the delays to date. I explained that the compensation the landlord has agreed to pay is higher than the Tribunal might otherwise have awarded so it was unlikely that the Tribunal would awarded additional compensation.

The tenant withdrew the application for additional compensation. Exemplary damages

The tenant also applied for exemplary damages. Once I explained the statutory criteria that need to be established before the Tribunal would award exemplary damages, the tenant withdrew that application.

Given the evidence the landlord produced about the efforts made to arrange the quite substantial repairs, the Tribunal would not have concluded that the landlord committed any unlawful act intentionally. Filing fee

Because the tenant has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression

The tenant did not seek a name suppression order. The landlord sought name suppression. The criteria for name suppression set out in section 95A of the Residential Tenancies Act 1986 are not met as the application was not wholly or substantially successful for the landlord, so no order is made. Healthy Homes Standards (HHS) compliance

The tenant queried whether the premises are HHS compliant.

The landlord did his own assessment and considered that the premises were compliant at the start of the tenancy.

Ms Youngman said she would arrange a HHS assessment once the roof and ceiling repairs have been completed.

If any issues arise from the assessment that the parties are unable to resolve, the tenant can make a new application for appropriate orders.

The parties are reminded that mediation is a recommended forum for dispute resolution before the Tribunal needs to hear any application.

Order

Claims and awards in Tenancy Tribunal application 4621153. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
nd paint the gib ceiling in the leak affected bedroom. 4. As an alternative to compliance with Order 3, the landlord mus	$2,000.00		nd paint the gib ceiling in the leak affected bedroom. 4. As an alternative to compliance with Order 3, the landlord mus