What was the outcome of Tenancy Tribunal case 4779257?

The tribunal order states: The tenants’ application is dismissed.

How much money was awarded in case 4779257?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4779257?

The primary dispute was Mould & damp. Related themes: Healthy homes.

Where can I read the official tribunal order for case 4779257?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10126779-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4779257?

The tribunal order states: The tenants’ application is dismissed.

How much money was awarded in case 4779257?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4779257?

The primary dispute was Mould & damp. Related themes: Healthy homes.

Where can I read the official tribunal order for case 4779257?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10126779-Tribunal_Order.pdf.

38A Westgrove Avenue, Avonhead, Christchurch 8042 Tenancy Tribunal Case 4779257 — Mould & damp

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Reasons

Both parties attended the hearing I held on 15 March 2024.

The landlord withdrew her cross application at the hearing.

The tenants have applied for a refund of their bond and for compensation in the form of a partial refund of rent.

I adjourned the hearing with the directions. Both parties complied with the directions I made. The landlord provided a full copy of the tenancy agreement and submissions. The tenants provided reply submissions and proof of their travel and medical costs.

The hearing concluded on 22 March 2024. Issues

Should the Tribunal make a bond order?

The bond issue is moot. The landlord paid the tenants’ bond of $1,200.00 to them direct. There is no further bond to be paid to them.

The Bond Centre records show it is holding a bond of $1,000.00. The landlord can apply to the Bond Centre to have that paid to her.

Have the tenants proved a claim for compensation?

The tenants allege that the premises did not comply with the Healthy Homes Standards (HHS) and that they were mouldy, resulting in the family having health problems. They say they had to travel to Korea for treatment. They seek compensation of $10,000.00.

First, the tenants must prove that the landlord committed a breach and that they suffered a loss because of the breach.

The tenants produced no evidence that the premises were not HHS compliant, or that any mould at the premises was due to a failure by the landlord to maintain and repair the premises. Mould can equally be caused by the manner in which a house is used.

The landlord provided the full tenancy agreement. While the HHS statements have not been fully completed, the landlord has separately detailed the heating and ventilation status of the premises.

There is a heat pump in the living room, underfloor heating in the dining/kitchen area, and a heater in the bathroom. There is ceiling and underfloor insulation. All rooms have at least one window and/or door that opens to the outside. The gutters and downpipes are operational. There are no subfloor spaces. All windows and doors comply with the draught stopping standard.

When I queried the tenants how they had calculated compensation of $10,000.00 they said it was a symbolic figure only, not based on fact. They said they should receive a rent refund of either two-thirds or one-half of the rent they paid.

The tenants said they had not prepared any evidence. The onus of proof rests with them.

The production of receipts for travel and expenses, provided after the hearing, does not prove a claim for compensation.

The obvious question is this: even if they did require treatment for exposure to mould why could they not have sought the treatment in New Zealand, rather than in Korea? A claim for $10,000.00 towards their travel and treatment costs is unrealistic.

The tenants have not proved a claim for any breaches of the Residential Tenancies Act 1986 by the landlord.

The application is dismissed.

Reasons

Both parties attended the hearing I held on 15 March 2024.

The landlord withdrew her cross application at the hearing.

The tenants have applied for a refund of their bond and for compensation in the form of a partial refund of rent.

The hearing concluded on 22 March 2024. Issues

Should the Tribunal make a bond order?

The bond issue is moot. The landlord paid the tenants’ bond of $1,200.00 to them direct. There is no further bond to be paid to them.

The Bond Centre records show it is holding a bond of $1,000.00. The landlord can apply to the Bond Centre to have that paid to her.

Have the tenants proved a claim for compensation?

First, the tenants must prove that the landlord committed a breach and that they suffered a loss because of the breach.

The landlord provided the full tenancy agreement. While the HHS statements have not been fully completed, the landlord has separately detailed the heating and ventilation status of the premises.

The tenants said they had not prepared any evidence. The onus of proof rests with them.

The production of receipts for travel and expenses, provided after the hearing, does not prove a claim for compensation.

The tenants have not proved a claim for any breaches of the Residential Tenancies Act 1986 by the landlord.

The application is dismissed.

Tenancy Tribunal case 4779257 — Mould & damp at 38A Westgrove Avenue, Avonhead, Christchurch 8042

At a glance

Tenancy Tribunal case 4779257 — Mould & damp at 38A Westgrove Avenue, Avonhead, Christchurch 8042

At a glance

Claims & awards

Order

Reasons

Should the Tribunal make a bond order?

Have the tenants proved a claim for compensation?

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the Tribunal make a bond order?

Have the tenants proved a claim for compensation?

Topics & place

Key findings

Frequently asked questions