What was the outcome of Tenancy Tribunal case 4635769?

The tribunal order states: Wikitoria Dawn Graham and Johnny Cage must pay Ray White (Real Estate)

How much money was awarded in case 4635769?

Lawns and Garden Work: $500.00 awarded to landlord; Rent Arrears: $4,197.14 awarded to landlord

What type of tenancy dispute was case 4635769?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4635769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9785747-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4635769?

The tribunal order states: Wikitoria Dawn Graham and Johnny Cage must pay Ray White (Real Estate)

How much money was awarded in case 4635769?

Lawns and Garden Work: $500.00 awarded to landlord; Rent Arrears: $4,197.14 awarded to landlord

What type of tenancy dispute was case 4635769?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4635769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9785747-Tribunal_Order.pdf.

332 Talbot Street, Hargest, Invercargill 9810 Tenancy Tribunal Case 4635769 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4635769 — net $3,097.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,197.14	Rent arrears
Lawns and Garden work contribution	$500.00	Lawns and Garden work contribution
Net award	$3,097.14
Total payable by Tenant to Landlord	$3,097.14

All parties attended the hearing by teleconference

This matter was previously before me on the 3 rd October 2023. The case was adjourned and the issues to be determined were confirmed in the order dated 3 October.

The issues for determination are: a) Was $4,197.14 outstanding for rent? b) Is $1,072.10 proven for cleaning and outside garden work? c) Was the landlords notice to terminate the tenancy retaliatory? d) Should there be compensation to the tenant if the landlord failed to maintain the property? Was $4,197.14 outstanding for rent?

The tenancy ended in September 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenants accepted this was outstanding but sought an off set for the claims they are making against the landlord. Is $1,072.10 proven for cleaning and outside garden work?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish.

The landlord claims that the tenant did not leave the gardens in a clean and tidy condition. The tenant claims they did not do so because it was like that at the commencement of the tenancy. The tenant also claimed that the planted a number of shrubs to prevent he weeds and photos indicate that the landlord has removed these.

There are no photos at the outset of the tenancy however the inspection report notes the gardens were ‘reasonably tidy”. The tenant was unsure how the garden was meant to look.

Having considered all of the evidence I am satisfied that the tenant should contribute to some of the garden invoice and make the award accordingly. There was evidence that this had been an issue during the tenancy.

Was the landlords notice to terminate the tenancy retaliatory?

Around August 2023 the landlord gave the tenant a notice ending the tenancy. The tenant claims the notice is retaliatory.

For a notice to be declared retaliatory, the tenant must prove that in terminating the tenancy, the landlord was motivated wholly or partly by the tenant exercising a right under the tenancy agreement or any Act, or by any complaint against the landlord. See section 54(1) Residential Tenancies Act 1986.

Giving a termination notice which is declared to be retaliatory is an unlawful act for which exemplary damages may be awarded, up to a maximum of $6,500.00. See section 54(2), (3) and Schedule 1A Residential Tenancies Act 1986.

Where a party has issued a retaliatory notice, the Tribunal may award exemplary damages where it is satisfied it would be just to do so taking into account the effect of the unlawful act, the interests of the other party, and the public interest. For completeness giving of a retaliatory notice does not have to be intentional to award exemplary damages for a breach. See section 109(3) and (3A) Residential Tenancies Act 1986.

The tenant claims that over periods of time they raised the issue of dampness with the landlord. There is no written evidence of this nor 14 day notices issued to the landlord. The evidence is that they sent a builder to look at the property and an HRV inspector, they were then shocked to receive the notice to terminate as the landlord intended to sell the property.

Given the landlord was addressing the issues I can not see on the evidence and on the balance of probabilities that the landlord’s notice was retaliatory. The property remains vacant and is on the market. This does not satisfy the requirements of the notice being retaliatory. Should there be compensation to the tenant if the landlord failed to maintain the property?

Wikitoria Dawn Graham and Johnny Cage claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.

Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair.

Breaching this 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 tenant claims that the landlord failed to maintain given the issues of dampness. However, again there is no evidence of dates and failure of the landlord to try and remedy. The evidence supports the claim that the landlord was in fact addressing the issues.

Given the partial success of both parties I shall not award the filing fee.

Claims and awards in Tenancy Tribunal application 4635769 — net $3,097.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,197.14	Rent arrears
Lawns and Garden work contribution	$500.00	Lawns and Garden work contribution
Net award	$3,097.14
Total payable by Tenant to Landlord	$3,097.14

Order

Wikitoria Dawn Graham and Johnny Cage must pay Ray White (Real Estate) Limited $3,097.14 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 (6400738-002) to Ray White (Real Estate) Limited immediately.

Reasons

All parties attended the hearing by teleconference
This matter was previously before me on the 3 rd October 2023. The case was adjourned and the issues to be determined were confirmed in the order dated 3 October.
The issues for determination are: a) Was $4,197.14 outstanding for rent? b) Is $1,072.10 proven for cleaning and outside garden work? c) Was the landlords notice to terminate the tenancy retaliatory? d) Should there be compensation to the tenant if the landlord failed to maintain the property? Was $4,197.14 outstanding for rent?
The tenancy ended in September 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenants accepted this was outstanding but sought an off set for the claims they are making against the landlord. Is $1,072.10 proven for cleaning and outside garden work?
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish.
The landlord claims that the tenant did not leave the gardens in a clean and tidy condition. The tenant claims they did not do so because it was like that at the commencement of the tenancy. The tenant also claimed that the planted a number of shrubs to prevent he weeds and photos indicate that the landlord has removed these.
There are no photos at the outset of the tenancy however the inspection report notes the gardens were ‘reasonably tidy”. The tenant was unsure how the garden was meant to look.
Having considered all of the evidence I am satisfied that the tenant should contribute to some of the garden invoice and make the award accordingly. There was evidence that this had been an issue during the tenancy.

Was the landlords notice to terminate the tenancy retaliatory?

Around August 2023 the landlord gave the tenant a notice ending the tenancy. The tenant claims the notice is retaliatory.
For a notice to be declared retaliatory, the tenant must prove that in terminating the tenancy, the landlord was motivated wholly or partly by the tenant exercising a right under the tenancy agreement or any Act, or by any complaint against the landlord. See section 54(1) Residential Tenancies Act 1986.
Giving a termination notice which is declared to be retaliatory is an unlawful act for which exemplary damages may be awarded, up to a maximum of $6,500.00. See section 54(2), (3) and Schedule 1A Residential Tenancies Act 1986.
Where a party has issued a retaliatory notice, the Tribunal may award exemplary damages where it is satisfied it would be just to do so taking into account the effect of the unlawful act, the interests of the other party, and the public interest. For completeness giving of a retaliatory notice does not have to be intentional to award exemplary damages for a breach. See section 109(3) and (3A) Residential Tenancies Act 1986.
The tenant claims that over periods of time they raised the issue of dampness with the landlord. There is no written evidence of this nor 14 day notices issued to the landlord. The evidence is that they sent a builder to look at the property and an HRV inspector, they were then shocked to receive the notice to terminate as the landlord intended to sell the property.
Given the landlord was addressing the issues I can not see on the evidence and on the balance of probabilities that the landlord’s notice was retaliatory. The property remains vacant and is on the market. This does not satisfy the requirements of the notice being retaliatory. Should there be compensation to the tenant if the landlord failed to maintain the property?
Wikitoria Dawn Graham and Johnny Cage claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair.
Breaching this 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 tenant claims that the landlord failed to maintain given the issues of dampness. However, again there is no evidence of dates and failure of the landlord to try and remedy. The evidence supports the claim that the landlord was in fact addressing the issues.
Given the partial success of both parties I shall not award the filing fee.

Tenancy Tribunal case 4635769 — Rent arrears at 332 Talbot Street, Hargest, Invercargill 9810

At a glance

Tenancy Tribunal case 4635769 — Rent arrears at 332 Talbot Street, Hargest, Invercargill 9810

At a glance

Award balance

Claims & awards

Order

Reasons

Was the landlords notice to terminate the tenancy retaliatory?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Was the landlords notice to terminate the tenancy retaliatory?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions