What was the outcome of Tenancy Tribunal case 4747072?

The tribunal order states: The tenancy of Cydel Mere Taumutunga Peters and Kiarash Shabani at

How much money was awarded in case 4747072?

Compensation: Exterior Condition: $895.00 awarded to tenant; Property Damage: $1,790.00 awarded to tenant; Rent Arrears: $11,215.00 awarded to landlord

What type of tenancy dispute was case 4747072?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4747072?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9932139-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4747072?

The tribunal order states: The tenancy of Cydel Mere Taumutunga Peters and Kiarash Shabani at

How much money was awarded in case 4747072?

Compensation: Exterior Condition: $895.00 awarded to tenant; Property Damage: $1,790.00 awarded to tenant; Rent Arrears: $11,215.00 awarded to landlord

What type of tenancy dispute was case 4747072?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4747072?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9932139-Tribunal_Order.pdf.

Unit/Flat Flat 4, 180 Gillies Avenue, Epsom, Auckland 1023 Tenancy Tribunal Case 4747072 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4747072 — net $4,950.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 9 February 2024	$11,215.00		Rent arrears to 9 February 2024
Exemplary damages: Healthy Homes		$1,790.00	Healthy Homes
Compensation: Exterior condition		$895.00	Exterior condition
Total award	$11,215.00	$2,685.00
Net award	$4,950.00
Total payable by Tenant to Landlord	$4,950.00

The tenancy of Cydel Mere Taumutunga Peters and Kiarash Shabani at Unit/Flat Flat 4, 180 Gillies Avenue, Epsom, Auckland 1023 is terminated, and possession is granted to Street Smart Property Management Limited As Agent For Hoy Fong Investments Ltd, at midnight, Monday 12 February 2024.

The Bond Centre is to pay the bond of $3,580.00 (5968742-006) to Street Smart Property Management Limited As Agent For Hoy Fong Investments Ltd immediately.

Cydel Mere Taumutunga Peters and Kiarash Shabani must pay Street Smart Property Management Limited As Agent For Hoy Fong Investments Ltd $4,950.00 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing. The landlord attended by video. The tenants were unable to join by video so attended by telephone. Landlord application

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenant had stopped paying rent in October 2023. Since then, three payments were made in late January and early February 2024.

The tenant had stopped paying rent because they considered that the premises were not worth the weekly rent of $895.00. They also had issues with maintenance and the condition of the premises. While the tenants had issues with the premises, they should have continued to pay rent while making an application to the Tribunal. The Tribunal does not condone the unilateral decision of the tenant to stop paying.

The tenant referred to an agreement between the parties that the rent reduce to $500.00 per week. There is no document recording that agreement. In addition, the tenant did not pay $500.00 per week until recently. If $500.00 had been paid per week the rent arrears would have been significantly less. Tenant application

The tenant applied for work orders, a claim in respect of the Healthy Homes standards, to be released from the fixed term tenancy and for compensation relating to the condition of the premises.

As the tenancy has been terminated it is not necessary for the Tribunal to make orders in relation to the work orders sought or to be released from the fixed term tenancy. Those claims are dismissed.

The tenancy began on 9 September 2023. For tenancies that commence between 28 August 2022 and 2 March 2025 the landlord has 120 days from the commencement date to comply with the Healthy Homes standards.

There are two Healthy Homes assessments for these premises. The first was dated 10 May 2021 and the more recent one was dated 16 January 2024. The first report evidenced that the premises was non-compliant in respect of heating and ventilation. The 2024 report confirms that the premises is non-compliant in relation to drainage, ventilation and draught stopping.

The compliance date for these premises is around 9 January 2024. The landlord had 120 days to ensure that the premises is compliant, and this has not happened. The landlord does not have 120 days to have an assessment carried out but rather to be compliant. Therefore, the landlord is in breach.

The tenants have lived in a non-compliant home since the beginning of the tenancy. The landlord would have known that the home was non-compliant given the earlier report. It is up to the landlord to ensure that the tenancy complies during the compliance period.

I have determined that the tenants should be compensated for the conditions that they have lived in with regard to the three issues raised by the Healthy Homes assessment. I consider that they should be compensated an amount equivalent to two weeks rent being $1,790.00.

The tenant seeks compensation in relation to the condition that the premises was in at the start of the tenancy. The landlord has produced an ingoing inspection report and it appears from that report that the interior was reasonably clean. The tenant has produced photographs of the premises and I consider that the exterior is not reasonably clean or tidy.

Section 45(1)(a) provides that the landlord shall provide the premises in a reasonable state of cleanliness. I find that the landlord did not do so.

I consider that the tenants should be compensated for this, and I award $895.00 being one weeks rent.

As both parties have had some success with their applications, I make no award for reimbursement of the filing fee. I note that the tenants had applied for suppression however as they have not wholly or substantially succeeded with their application I make no order for suppression (section 95A(1)).

Claims and awards in Tenancy Tribunal application 4747072 — net $4,950.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 9 February 2024	$11,215.00		Rent arrears to 9 February 2024
Exemplary damages: Healthy Homes		$1,790.00	Healthy Homes
Compensation: Exterior condition		$895.00	Exterior condition
Total award	$11,215.00	$2,685.00
Net award	$4,950.00
Total payable by Tenant to Landlord	$4,950.00

Order

The tenancy of Cydel Mere Taumutunga Peters and Kiarash Shabani at Unit/Flat Flat 4, 180 Gillies Avenue, Epsom, Auckland 1023 is terminated, and possession is granted to Street Smart Property Management Limited As Agent For Hoy Fong Investments Ltd, at midnight, Monday 12 February 2024.
The Bond Centre is to pay the bond of $3,580.00 (5968742-006) to Street Smart Property Management Limited As Agent For Hoy Fong Investments Ltd immediately.
Cydel Mere Taumutunga Peters and Kiarash Shabani must pay Street Smart Property Management Limited As Agent For Hoy Fong Investments Ltd $4,950.00 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing. The landlord attended by video. The tenants were unable to join by video so attended by telephone. Landlord application
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenant had stopped paying rent in October 2023. Since then, three payments were made in late January and early February 2024.
The tenant had stopped paying rent because they considered that the premises were not worth the weekly rent of $895.00. They also had issues with maintenance and the condition of the premises. While the tenants had issues with the premises, they should have continued to pay rent while making an application to the Tribunal. The Tribunal does not condone the unilateral decision of the tenant to stop paying.
The tenant referred to an agreement between the parties that the rent reduce to $500.00 per week. There is no document recording that agreement. In addition, the tenant did not pay $500.00 per week until recently. If $500.00 had been paid per week the rent arrears would have been significantly less. Tenant application
The tenant applied for work orders, a claim in respect of the Healthy Homes standards, to be released from the fixed term tenancy and for compensation relating to the condition of the premises.
As the tenancy has been terminated it is not necessary for the Tribunal to make orders in relation to the work orders sought or to be released from the fixed term tenancy. Those claims are dismissed.
The tenancy began on 9 September 2023. For tenancies that commence between 28 August 2022 and 2 March 2025 the landlord has 120 days from the commencement date to comply with the Healthy Homes standards.
There are two Healthy Homes assessments for these premises. The first was dated 10 May 2021 and the more recent one was dated 16 January 2024. The first report evidenced that the premises was non-compliant in respect of heating and ventilation. The 2024 report confirms that the premises is non-compliant in relation to drainage, ventilation and draught stopping.
The compliance date for these premises is around 9 January 2024. The landlord had 120 days to ensure that the premises is compliant, and this has not happened. The landlord does not have 120 days to have an assessment carried out but rather to be compliant. Therefore, the landlord is in breach.
The tenants have lived in a non-compliant home since the beginning of the tenancy. The landlord would have known that the home was non-compliant given the earlier report. It is up to the landlord to ensure that the tenancy complies during the compliance period.
I have determined that the tenants should be compensated for the conditions that they have lived in with regard to the three issues raised by the Healthy Homes assessment. I consider that they should be compensated an amount equivalent to two weeks rent being $1,790.00.
The tenant seeks compensation in relation to the condition that the premises was in at the start of the tenancy. The landlord has produced an ingoing inspection report and it appears from that report that the interior was reasonably clean. The tenant has produced photographs of the premises and I consider that the exterior is not reasonably clean or tidy.
Section 45(1)(a) provides that the landlord shall provide the premises in a reasonable state of cleanliness. I find that the landlord did not do so.
I consider that the tenants should be compensated for this, and I award $895.00 being one weeks rent.
As both parties have had some success with their applications, I make no award for reimbursement of the filing fee. I note that the tenants had applied for suppression however as they have not wholly or substantially succeeded with their application I make no order for suppression (section 95A(1)).

Tenancy Tribunal case 4747072 — Rent arrears at Unit/Flat Flat 4, 180 Gillies Avenue, Epsom, Auckland 1023

At a glance

Tenancy Tribunal case 4747072 — Rent arrears at Unit/Flat Flat 4, 180 Gillies Avenue, Epsom, Auckland 1023

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions