What was the outcome of Tenancy Tribunal case 4655470?

The tribunal order states: Kāinga Ora–Homes And Communities must pay King Tai Tsang $545.27

How much money was awarded in case 4655470?

Compensation: $524.83 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4655470?

The primary dispute was State of repair. Related themes: Healthy homes, Exemplary damages, Compensation.

Where can I read the official tribunal order for case 4655470?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9550101-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4655470?

The tribunal order states: Kāinga Ora–Homes And Communities must pay King Tai Tsang $545.27

How much money was awarded in case 4655470?

Compensation: $524.83 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4655470?

The primary dispute was State of repair. Related themes: Healthy homes, Exemplary damages, Compensation.

Where can I read the official tribunal order for case 4655470?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9550101-Tenancy_Tribunal_Order.pdf.

Unit/Flat 401, 6 Banff Avenue, Epsom, Auckland 1023 Tenancy Tribunal Case 4655470 — State of repair

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Order

Claims and awards in Tenancy Tribunal application 4655470. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Compensation for loss of amenity 30% rent from 16/5/23	$524.83		Compensation for loss of amenity 30% rent from 16/5/23
Filing fee reimbursement	$20.44		Filing fee reimbursement

Kāinga Ora–Homes And Communities must pay King Tai Tsang $545.27 immediately, calculated as shown in the table below.

The rent shall abate by 30 percent from the beginning of 20 October and the abatement of rent shall continue until either: a. The tenant is provided with suitable alternative accommodation; or b. The premises’ cold and noise problems are repaired to a reasonable standard of repair.

Reasons

King Tai Tsang attended the hearing, supported by Danny Morris, and assisted by a Cantonese interpreter, Samyna Tam.

The tenant claims that the landlord has breached their obligations under s 45 of the Residential Tenancies Act 1986. She seeks compensation and exemplary damages.

Did the landlord fail to maintain the premises in a reasonable state of repair?

Legal principles

Under s 45(1)(b) of the Residential Tenancies Act 1969 (RTA), landlords must maintain the premises in a reasonable state of repair. That provision provides: 45 Landlord’s responsibilities (1) The landlord shall— (a) ... (b) 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. 1 5. Landlords are liable for defects that they have knowledge of. They must repair defects within a reasonable time once they acquire such knowledge. As the author of Residential Tenancy Law in New Zealand explains: 2 The landlord’s obligation of repair is not absolute. A landlord does not have to foresee a latent and unobservable defect before it causes damage... A landlord therefore must repair within a reasonable time after knowledge of the need for repair: 3 “...the obligation of the landlord, under s 45, is to investigate and repair a defect brought to its attention within a timeframe which is reasonable in the circumstances and as to what that time is, I think, depends not only on the gravity of the problem but also on the objective evidence of the attempts made by the landlord to investigate, and put right, whatever the problem might be...” 1 RTA, s 45(1A) and Schedule 1A. 2 Stewart Benson Residential Tenancy Law in New Zealand (2018) Thomson Reuters at 6.18. 3 Collins v Professionals Hutt City Ltd DC Wellington CIV 2009-085-1431, 24 February 2010 at [15].

Landlords also have an obligation to repair things that are apparent from observation: 4 However, notice from the tenant is not needed if the landlords knew of the need for repair or the need for repair is apparent from observation... The tenant’s problems with the ventilation system

Since about April 2023, the tenant has been experiencing noise and cold problems with her apartment’s ventilation system which are affecting her sleep and health.

Ms Gray says contractors have identified a problem with a roof fan which will take several weeks to repair. Once the repair has been done, the noise issue should be solved. Contractors have not been able to identify any cold problem. However, Ms Gray says that the landlord intends to further investigate the cold issue if it persists after the fan is repaired.

I am satisfied that the premises are not currently maintained a reasonable standard of repair because the ventilation system is not working properly. The landlord is addressing the problem as best it can, but it has not been resolved. Remedies

Having found there is a breach of s 45, I turn to remedies. The tenant seeks orders for compensation and exemplary damages.

It is appropriate to order compensation for loss of amenity which I set at 30 per cent of the rent of $78.00 per week.

I accept Ms Gray’s evidence that the landlord was first made aware of this particular issue on 16 May 2023. I apply the 30 per cent reduction of $23.40 to today’s date.

It is also appropriate to order that a 30 per cent reduction of rent is applied from tomorrow until the problems are fixed or Ms Tsang is accommodated in a different unit that does not have these issues.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. 4 See n 2.

I am not satisfied the landlord committed the unlawfully. Therefore, exemplary damages are not available. Filing fee

Because the tenant has succeeded in her application, the Tribunal orders the landlord to reimburse the tenant for her filing fee.

Order

Claims and awards in Tenancy Tribunal application 4655470. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Compensation for loss of amenity 30% rent from 16/5/23	$524.83		Compensation for loss of amenity 30% rent from 16/5/23
Filing fee reimbursement	$20.44		Filing fee reimbursement

Kāinga Ora–Homes And Communities must pay King Tai Tsang $545.27 immediately, calculated as shown in the table below.

Reasons

King Tai Tsang attended the hearing, supported by Danny Morris, and assisted by a Cantonese interpreter, Samyna Tam.

The tenant claims that the landlord has breached their obligations under s 45 of the Residential Tenancies Act 1986. She seeks compensation and exemplary damages.

Did the landlord fail to maintain the premises in a reasonable state of repair?

Legal principles

Since about April 2023, the tenant has been experiencing noise and cold problems with her apartment’s ventilation system which are affecting her sleep and health.

Having found there is a breach of s 45, I turn to remedies. The tenant seeks orders for compensation and exemplary damages.

It is appropriate to order compensation for loss of amenity which I set at 30 per cent of the rent of $78.00 per week.

I accept Ms Gray’s evidence that the landlord was first made aware of this particular issue on 16 May 2023. I apply the 30 per cent reduction of $23.40 to today’s date.

I am not satisfied the landlord committed the unlawfully. Therefore, exemplary damages are not available. Filing fee

Because the tenant has succeeded in her application, the Tribunal orders the landlord to reimburse the tenant for her filing fee.

Tenancy Tribunal case 4655470 — State of repair at Unit/Flat 401, 6 Banff Avenue, Epsom, Auckland 1023

At a glance

Tenancy Tribunal case 4655470 — State of repair at Unit/Flat 401, 6 Banff Avenue, Epsom, Auckland 1023

At a glance

Claims & awards

Order

Reasons

Did the landlord fail to maintain the premises in a reasonable state of repair?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Did the landlord fail to maintain the premises in a reasonable state of repair?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions