What was the outcome of Tenancy Tribunal case 4751012?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4751012?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4751012?

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

Where can I read the official tribunal order for case 4751012?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10012105-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4751012?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4751012?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4751012?

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

Where can I read the official tribunal order for case 4751012?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10012105-Tenancy_Tribunal_Order.pdf.

63 Vardon Road, Saint Andrews, Hamilton 3200 Tenancy Tribunal Case 4751012 — Mould & damp

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Reasons

Both parties attended the hearing by telephone conference

The tenancy began on 3 March 2023 and ended on 11 December 2023.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

The applicant claimed that the landlord had failed to remedy breaches of the Residential Tenancies Act 1986 and breached the Healthy Homes Standards. He sought a work order and compensation for loss of leave due to the illness of his children.

In support of that claim, the following evidence was produced. The tenant provided photos of mould on the ceiling in bedrooms and pictures of what he believed were a bowed ceiling.

The tenant has an obligation to inform a landlord of any damages to the premises or need for repairs. See section 40(1)(d) Residential Tenancy Act, RTA. The landlord has a responsibility to maintain the premises in a reasonable state of repair. See section 45(1)(a) RTA.

The tenant was unable to provide copies of correspondence establishing when he first told the landlord of his concerns.

The landlord had a copy of an email dated 31 October 2023 where the tenant raised concern about ceiling dropping the laundry and bedroom. The landlord provided evidence that Waterproof Roofs Ltd attended the premises and provided an invoice for payment on 28 November 2023.The landlords clarified that no leaks were found but general maintenance was attended to by them.

The tenant informed the landlord about mould in the ceiling of the bedrooms. A copy of an email from a property manager was provided which stated that the repairer form Waterproof Roofs Ltd said that it there were no holes in the ceiling and the mould was likely from lack of ventilation. The tenant provided no further evidence.

There was no evidence provided that the children had been unwell because of the environment at the premises, no evidence that the tenant had used up all his leave or any other invoices paid, or costs incurred due to breaches by the landlord of the RTA or tenancy agreement.

The applicant has not satisfied me that it is more likely than not that the landlord breached the Healthy Homes Standards and Residential Tenancies Act 1986. The tenancy has ended and the claim for a work order is dismissed. There was no quantifiable loss due to the lack of evidence of loss of leave due to the illness of his children.

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

Further, the Tribunal may, on the application of any party to proceedings or its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

The tenant requested suppression. They did not wholly or substantially succeed in the proceedings and therefore are not entitled to it by right. Having weighted up the interest of the parties versus the public interest I do not consider it justified to order suppression. I decline to make any suppression orders.

The application is dismissed.

Reasons

Both parties attended the hearing by telephone conference

The tenancy began on 3 March 2023 and ended on 11 December 2023.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

In support of that claim, the following evidence was produced. The tenant provided photos of mould on the ceiling in bedrooms and pictures of what he believed were a bowed ceiling.

The tenant was unable to provide copies of correspondence establishing when he first told the landlord of his concerns.

The application is dismissed.

Tenancy Tribunal case 4751012 — Mould & damp at 63 Vardon Road, Saint Andrews, Hamilton 3200

At a glance

Tenancy Tribunal case 4751012 — Mould & damp at 63 Vardon Road, Saint Andrews, Hamilton 3200

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions