How much money was awarded in case 4639809?

On Is Granted To Adcd 2020 Limited-…: $3,600.00 awarded to landlord

What type of tenancy dispute was case 4639809?

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

Where can I read the official tribunal order for case 4639809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9443586-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4639809?

On Is Granted To Adcd 2020 Limited-…: $3,600.00 awarded to landlord

What type of tenancy dispute was case 4639809?

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

Where can I read the official tribunal order for case 4639809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9443586-Tenancy_Tribunal_Order.pdf.

32B Havelock Street, Mornington, Dunedin 9011 Tenancy Tribunal Case 4639809 — Mould & damp

Q: What was the outcome of Tenancy Tribunal case 4639809?

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

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Order

Claims and awards in Tenancy Tribunal application 4639809. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
on is granted to Adcd 2020 Limited- at 4pm on Thursday 19 October 2023. 3. The application by the tenant for compensatio	$3,600.00		on is granted to Adcd 2020 Limited- at 4pm on Thursday 19 October 2023. 3. The application by the tenant for compensatio

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

By consent the tenancy of Rachael Maire Bailey at 32B Havelock Street, Mornington, Dunedin 9011 is terminated, and possession is granted to Adcd 2020 Limited- at 4pm on Thursday 19 October 2023.

The application by the tenant for compensation of $3,600.00 and exemplary damages is dismissed.

Reasons

Both parties attended the hearing, the landlord by telephone.

The tenancy is for a fixed term from 6/12/2022 to 6/12/2023 at $450.00 rent per week.

The tenant has applied for a reduction in the term of her fixed term tenancy, compensation of $3,600.00 and exemplary damages for the failure of the landlord to maintain the premises.

As both parties agreed to the fixed term tenancy ending early, I have made an order by consent for the tenancy to end on 19/10/2023.

Has the landlord breached their obligations?

In her submissions the tenant suggested that due to a leak in the roof following a storm on 22/2/2023 the premises were mouldy, she was unable to have full use of the lounge room, or one bedroom and her children became ill.

Further the tenant was unhappy because she had not had access to a working oven since 29/3/2023.

The tenant wanted compensation of $3,600.00 made up of the extra costs of electricity, food, and a rent reduction.

In support of her claim the tenant provided letters from her medical practitioner, a “Home Performance Assessor” and photographs of mould on furniture.

The landlord did not dispute that the roof leaked after a storm.

However, the landlord submitted that rather than just repair the leak the roof was replaced, albeit that took until 17 July 2023 due to delays with insurance and builders.

The landlord disagreed that during that time the leak continued in the lounge, because the builders had boarded up the hole after first installing plastic.

Rather based on a report from an insurance assessor the landlord suggested it was the way the tenant lived in the premises that caused the mould, because while the premises were ventilated, heating was used only sparingly.

Further the landlord provided a Healthy Homes Compliance assessment from 2021 confirming that the premises met all the standards.

In addition, the landlord submitted, and the tenant did not dispute that four weeks reduction in rent amounting to $200.00 had been granted and $150.00 paid towards compensation for ruined bedding.

Further the landlord submitted that they had initially purchased an oven which the tenant decided was unsuitable.

Although they offered to replace the oven the landlord believed that there was no urgency to do so until the scaffolding came down on 3/8/2023, because the tenant had indicated she did not use the oven.

Under section 45, a landlord must, among other matters, provide and maintain the premises in a reasonable state of repair having regard to the age and character of the premises and the period during which the premises are likely to remain habitable and available for residential purposes.

Breaching this obligation 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.

Unfortunate as it may be for the tenant, I am not persuaded by her evidence that the premises were not well maintained.

While there were leaks in the ceiling the evidence supports that this was due to damage to the roof during a storm. There is no suggestion that the roof leaked prior to the storm.

It is unfortunate that the roof took five months to replace.

However, in the circumstances I do not consider this was an unreasonable length of time.

Builders immediately patched the hole in the lounge ceiling and the landlord took steps to claim on insurance and ultimately replace the roof. This happened at a time when insurance assessments were difficult to obtain due to the widespread damage as a result of Cyclone Gabrielle.

Subsequently there were unavoidable delays with the builder.

Moreover, the landlord compensated the tenant by way of a rent reduction and compensation for damaged possessions.

Although a landlord needs to provide suitable means for a tenant to be able to cook, I consider the steps taken by the landlord were sufficient in this instance.

The evidence supports that while the bottom of the oven was rusty, the hobs on the top of the oven still worked.

The landlord immediately provided funds for the tenant to purchase an oven.

By the time the landlord became aware that the tenant had decided against the new oven and refunded the money to them, the landlord believed the tenant did not want an immediate replacement because she did not use the oven and wished to end the tenancy.

I find the landlord has not committed an unlawful act.

The tenant’s claim for compensation and exemplary damages fails.

No filing fee is awarded because the tenant was only partly successful and then only with the agreement of the landlord.

Order

Claims and awards in Tenancy Tribunal application 4639809. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
on is granted to Adcd 2020 Limited- at 4pm on Thursday 19 October 2023. 3. The application by the tenant for compensatio	$3,600.00		on is granted to Adcd 2020 Limited- at 4pm on Thursday 19 October 2023. 3. The application by the tenant for compensatio