What was the outcome of Tenancy Tribunal case 4708949?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4708949?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4708949?

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

Where can I read the official tribunal order for case 4708949?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9767350-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4708949?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4708949?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4708949?

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

Where can I read the official tribunal order for case 4708949?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9767350-Tenancy_Tribunal_Order.pdf.

148B Avonhead Road, Avonhead, Christchurch 8042 Tenancy Tribunal Case 4708949 — Mould & damp

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Reasons

Both parties attended the hearing. Mr Davison represented the landlord. Ms Ribka represented the tenants.

The tenants applied for compensation and exemplary damages for failure by the landlord to comply with the healthy homes standards and failure to repair the front door in a timely manner.

Did the landlord fail to comply with the Healthy Homes Standards?

The Healthy Homes Standards provide detailed requirements for the provision of heating, adequate ventilation, drainage, minimising draughts and moisture ingress in rental properties. Section 45(1)(bb) of the Residential Tenancies Act 1986 (the Act) requires landlord to comply with the Standards and a failure to do so may entitle the tenant to compensation. A failure to do so is also declared to be an unlawful act for which exemplary damages may be payable: section 45(1A) of the Act.

On 8 March 2021, the premises passed the healthy homes assessment completed by Snug Insulation Ltd. However, Ms Ribka was concerned that the premises did not comply with the Standards particularly with respect to draughts so she asked the landlord to have another healthy homes assessment completed and they agreed.

The healthy homes reassessment was completed by All Clear on 2 November 2023. The property passed the inspection in all respects other than drainage and draughts. The report states that the drainage system failed because it requires clearing from built up vegetation and it did not reach the draughts standards because there was a gap of 3mmm or more at the top of the front door.

After receiving the report, the landlord arranged for the drainage system to be cleaned. The landlord also arranged for a new front door to be installed (discussed further below). Mr Davison said that the door had become wet and had therefore warped creating the gap.

I am satisfied that it is more likely than not that the premises did comply with the Standards at the commencement of the tenancy and the subsequent issues identified by All Clear are essentially maintenance issues that have arisen since the November 2020 healthy homes inspection was completed. Ms Ribka claims that the landlord ought to have completed a more detailed inspection of the premises before her tenancy commenced to ensure that it was still healthy homes compliant. However, I consider it reasonable in the circumstances that they rely on the healthy homes report completed by experts in the field.

The tenants’ claim for compensation and exemplary damages for failure by the landlord to comply with the Healthy Homes Standards is therefore dismissed.

Did the landlord comply with their obligations regarding maintenance and repairs?

The tenants claim compensation and exemplary damages for failure by the landlord to repair or replace the front door within a timely manner.

Section 45(1)(b) of the Act provides that the landlord must provide and maintain the premises in a reasonable state of repair. Once the landlord becomes aware of the need for repairs, the obligation in section 45(1)(b) requires those repairs to be attended to in a timely manner. What time frame is reasonable 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 may be.

A failure to comply with section 45(1)(b) may entitle the tenant to compensation. It is also declared to be an unlawful act for which exemplary damages may be payable: section 45(1A) of the Act.

The gap in the front door was first identified by a contractor from Exceed who was at the premises completing other work on 6 September 2023. The next day Mr Davison arranged for a contractor, Mr Dempsey, to meet him at the premises that afternoon to investigate a remedy. On 8 September, Mr Dempsey provided a quote to replace the door and Mr Davison also obtained another quote from Exceed on 15 September. Mr Davison then passed the quotes onto the landlord for authorisation. The landlord confirmed Mr Demsey’s quote on 23 September and a work order was sent to Mr Dempsey. On 27 September Mr Dempsey confirmed that the door had been ordered and, on 7 October, Mr Davison advised Mrs Ribka that the door had arrived and would be installed on 12 October.

The door was installed on 12 October. However, Ms Ribka phoned Mr Davison on 17 October saying that there was still a draught coming from the door. Mr Davison therefore arranged with Mr Dempsey to install a seal along the top of the door. This was done on 17 October.

On 18 October Mr Davison arranged for All Clear to reassess the premises. All Clear did so on 2 November and reported that there was still a gap at the top of the door. Mr Davison therefore arranged for Mr Dempsey to fit draught tape to close the gap.

I do not consider that the landlord is in breach of the obligation in section 45(1)(b) of the Act to complete repairs within a timely manner. I am satisfied that the landlord has acted in a timely and proactive manner after being advised of the need to repair or to replace the front door, and to adjust the door (install draught stopping) after Ms Ribka and All Clear made him aware that there was still an issue.

The claim for compensation and exemplary damages is therefore dismissed. Suppression

The tenants applied, in their application, for a suppression order.

Section 95A of the Act provides that the Tribunal must, on the application of a party who has been wholly or substantially successful in the proceedings, order that the party’s name or identifying particulars not be published (unless the limited circumstances set out in the section apply).

However, the tenants have been wholly unsuccessful in their claims. The application for name suppression is therefore not granted.