What was the outcome of Tenancy Tribunal case 4769397?

The tribunal order states: By consent, the tenancy of Anthony Jarred Steven Welsh and Joseph Peter

How much money was awarded in case 4769397?

Compensation: $550.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4769397?

The dispute type was not classified.

Where can I read the official tribunal order for case 4769397?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9932644-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4769397?

The tribunal order states: By consent, the tenancy of Anthony Jarred Steven Welsh and Joseph Peter

How much money was awarded in case 4769397?

Compensation: $550.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4769397?

The dispute type was not classified.

Where can I read the official tribunal order for case 4769397?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9932644-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 177 Jervois Road, Herne Bay, Auckland 1011 Tenancy Tribunal Case 4769397 — Tenancy dispute

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Order

Claims and awards in Tenancy Tribunal application 4769397 — net $570.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation for loss of enjoyment	$550.00	Compensation for loss of enjoyment
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$570.44
Total payable by Landlord to Tenant	$570.44

By consent, the tenancy of Anthony Jarred Steven Welsh and Joseph Peter White at Unit/Flat 1, 177 Jervois Road, Herne Bay, Auckland 1011 is terminated, and possession is granted to Baseden Property Management Limited as agent for Peter & Natalia Oliver, at 11.59pm on Thursday 7 March 2024.

Baseden Property Management Limited as agent for Peter and Natalia Oliver must pay Anthony Jarred Steven Welsh and Joseph Peter White $570.44 immediately, calculated as shown in table below:

The application for an order for rent arrears is withdrawn.

Reasons

Both parties attended the hearing. Mr Baseden represented the landlord.

The landlord has applied to terminate the tenancy and for a rent arrears order.

The landlord withdrew the application for rent arrears which means the application can be made again. Mr Baseden said there would likely be a further claim at the end of the tenancy.

The parties agreed to terminate the tenancy with possession to pass to the landlord on 7 March 2024. I have made orders by consent.

The tenants sought compensation of $550.00 arising from their loss of enjoyment of the tenancy due to dampness and moisture ingress. The claim comprised compensation for cleaning and for the purchase and running of a dehumidifier.

Mr Baseden provided a time frame of notifications by the tenant and the actions taken by the landlord. Generally, I find that the landlord has responded to the issues raised.

However, as Mr Baseden accepted, the ingress of moisture in premises that are old and of solid construction is complex and difficult to identify. He detailed the efforts the landlord had undertaken to try and resolve the issue. He accepted that the situation was not ideal and apologised for the inconvenience caused to the tenants. Legal considerations

The Tribunal may award compensation to a tenant for a loss of enjoyment of the tenancy arising from issues such as continuing moisture ingress causing mould and dampness, even when the landlord has taken all reasonable steps to identify the cause.

Compensation is generally awarded for actual losses and sometimes for less tangible effects that result in the loss of enjoyment and the accompanying stress and anxiety.

In Birch v Otautahi Community Housing Trust [2020] NZDC 17667 the District Court confirmed that the Tribunal must consider the following factors when deciding to award compensation: •The nature of the breach; •The duration of the breach; and •The effect of the breach on the party.

I do not award compensation based on the categories of loss set out by the tenants (including the purchase and running of a dehumidifier) but I award the same amount as they have claimed.

The evidence establishes, and the landlord appeared to accept, that the tenants have been inconvenienced over time because of the moisture ingress, the cause of which has been difficult to identify and treat.

Compensation is not punitive. It simply recognises the effects of the issue that has caused the tenants inconvenience, worry and a loss of enjoyment of the tenancy.

The amount sought by the tenants is objectively reasonable and I find it appropriate to award them the amount they have claimed.

As I explained, the tenants cannot claim for their time and travel attending the hearing.

As the application is successful, the landlord must pay the tenants’ Tribunal filing fee.

Neither party sought a name suppression order.

Order

Claims and awards in Tenancy Tribunal application 4769397 — net $570.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation for loss of enjoyment	$550.00	Compensation for loss of enjoyment
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$570.44
Total payable by Landlord to Tenant	$570.44