What was the outcome of Tenancy Tribunal case 4692201?

The tribunal order states: The application for compensation and exemplary damages is dismissed.

How much money was awarded in case 4692201?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4692201?

The primary dispute was Mould & damp. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4692201?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9574785-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4692201?

The tribunal order states: The application for compensation and exemplary damages is dismissed.

How much money was awarded in case 4692201?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4692201?

The primary dispute was Mould & damp. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4692201?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9574785-Tenancy_Tribunal_Order.pdf.

Unit 2, 61 Marshland Road, Shirley, Christchurch 8061 Tenancy Tribunal Case 4692201 — Mould & damp

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Reasons

Ms Montgomery attended the hearing for the tenants. Ms Reid attended for the landlord.

The tenants made an application (4631671) previously relating to the condition of the premises. It was disposed of by an order of the Tribunal made on 15 August 2023. The tenants had some success on that application but not as much as they would have liked.

They then applied for a rehearing based on new evidence being the ingoing inspection report. That application was dismissed when the tenants did not attend the hearing. I noted in my order made on 13 September that in my view the new evidence did not assist the tenants in any case.

I accept that the Tribunal did not call the tenants on their correct telephone numbers at the time of the rehearing hearing and so they are entitled to a rehearing of the rehearing hearing.

The tenants then made a fresh application to the Tribunal seeking compensation and exemplary damages arising from the same condition of the premises that they complained of in their original application.

That is not permitted. Applicants are entitled to bring their claims to the Tribunal once only. If they are not happy with the result they can apply for a rehearing or file an appeal. They cannot bring the same claim twice because of principle that there must be finality to litigation. Making a second application is an abuse of the Tribunal’s process and so the application must be dismissed.

But I have allowed the tenants to make another rehearing application today. There is no prejudice to them or to the landlord in doing so and it is the practical and fair thing to do.

The tenants say that there is a photograph in the ingoing report that shows mould on a windowsill in the lounge which proves that there was mould present in the premises before the tenancy. They also say that many features of the premises had no comment beside them and that the photographs were not comprehensive.

Even if were to accept all those points, it does not assist the tenants in terms of getting a rehearing. The onus of proof is on the tenants to prove their claims. It is not for the landlord to disprove them. Gaps in the landlord’s evidence do not help, at least in this case, to prove the tenants’ claims.

If there was mould in the premises before the tenancy, that does not help to prove the tenants’ claims either because the issue remains, what has caused the mould? There is no new evidence that assists the tenants in that respect.

The rehearing application is also therefore dismissed.

Reasons

Ms Montgomery attended the hearing for the tenants. Ms Reid attended for the landlord.

I accept that the Tribunal did not call the tenants on their correct telephone numbers at the time of the rehearing hearing and so they are entitled to a rehearing of the rehearing hearing.

But I have allowed the tenants to make another rehearing application today. There is no prejudice to them or to the landlord in doing so and it is the practical and fair thing to do.

The rehearing application is also therefore dismissed.

Tenancy Tribunal case 4692201 — Mould & damp at Unit 2, 61 Marshland Road, Shirley, Christchurch 8061

At a glance

Tenancy Tribunal case 4692201 — Mould & damp at Unit 2, 61 Marshland Road, Shirley, Christchurch 8061

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions