What was the outcome of Tenancy Tribunal case 4846480?

The tribunal order states: Rachael Moore must pay Butlers Fruit Farms Limited $6,230.44 immediately,

How much money was awarded in case 4846480?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,210.00 awarded to landlord

What type of tenancy dispute was case 4846480?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4846480?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11269192-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4846480?

The tribunal order states: Rachael Moore must pay Butlers Fruit Farms Limited $6,230.44 immediately,

How much money was awarded in case 4846480?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,210.00 awarded to landlord

What type of tenancy dispute was case 4846480?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4846480?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11269192-Tribunal_Order.pdf.

2070 Waimate Highway, Makikihi, Waimate 7978, Plum Tenancy Tribunal Case 4846480 — Rent arrears

Claims and awards in Tenancy Tribunal application 4846480 — net $6,230.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,210.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,230.44
Total payable by Tenant to Landlord	$6,230.44

Claims and awards in Tenancy Tribunal application 4846480 — net $6,230.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,210.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,230.44
Total payable by Tenant to Landlord	$6,230.44

Order

Rachael Moore must pay Butlers Fruit Farms Limited $6,230.44 immediately, being rent arrears to 12 June 2024 and reimbursement of the filing fee, as calculated and set out below:
I am dismissing the tenants claim for compensation for work done at the property and that the landlord failed to maintain the property, and that the landlord unlawful entered the property.

Reasons

Both parties attended the hearing.
This is a counter claim. The landlord was initially seeking termination of the tenancy, rent arrears, and reimbursement of the filing fee.
At the time of filing the application the tenant was still residing in the property. The tenant has left the property and so the Tribunal does not have to consider the issue of termination.
The tenant filed a counterclaim seeking compensation for work done of the property, unlawful entry by the landlord and a failure by the landlord to maintain the property and to provide a tenancy agreement. Background:
The “cottage” that is the subject of this hearing is on part of land that also contains a backpacker’s lodge and a Café.
Ms Moore originally applied for a job in the Café on the property. There were ongoing discussions about the possibility of employment at the café and renting the cottage at a reduced rent as an employee.
For various reasons the offer of employment was not made to Ms Moore. However, despite no offer of employment, the discussions about renting the cottage continued.
The landlord stated that despite the cottage not being ready, and no agreements made for the tenancy to commence, the tenant moved into the property without her knowledge.
Despite the tenant moving in before the tenancy agreement, and terms and conditions, were completed, I find there was a tenancy agreement between the landlord and tenant after the tenant moved into the property.
While the requirement under the Residential Tenancies Act 1986,(“RTA”), is that all tenancy agreement must be in writing and signed, the tenancy agreement is not unenforceable on the grounds that it is not in writing. See s13C RTA.
The landlord stated while she was not aware that the tenant had moved into to the cottage, she was initially happy that they were there, until she saw the dog and that the tenant was smoking in the property.
The landlord has difficulties about complaints relating to the dog and smoking as she accepted the tenant had moved into the property before agreements around these issues had been resolved. Any contract requires that any enforceable terms and conditions are agreed between the parties at the start of the contract.
The issue of the rent sought by the landlord is a matter of concern. There was no written tenancy agreement nor a verbal contract between the landlord and tenant about the rent being $350.00 per week.
It was acknowledged by all parties that the rent discussed at the time when the tenant was being interviewed as a potential employee for the café, was $230.00. The landlord explained at the hearing that she was offering a reduced rent to an employee who occupied the cottage during their employment.
I find that Ms Moore was told the rent would be $230.00 per week, and not $350.00 per week even though it was in the context of employment. Therefore, I consider the tenant should pay the landlord $230.00 per week for the rent.
I find that the landlord did accept that the tenancy commenced on 6 December 2023.
The landlord stated that she had provided a tenancy agreement to the tenant after the commencement of the tenancy, but it remained unsigned. The tenant said that the landlord provided a blank tenancy agreement, and she was not going to sign it without the required details on it.
It is not in dispute that there was no tenancy agreement written and signed by the parties.
The tenant does not dispute that she did not pay any rent to the landlord and that she owes the landlord rent arrears. Landlord application:
The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
However, considering my decision to reduce the rent to $230.00 per week, over 27 weeks, the tenant owes the landlord the sum of $6210.00 in rent arrears.
I am satisfied that the landlord has proven their claim for rent arrears. Tenant application:
Ms Moore moving in the property with her partner. Much of the evidence that Ms Moore has relied on in her claim is diary entries made by her partner. Her partner died in April 2024 and therefore the diary entries are not of assistance to me. Onus and burden of proof
With any claim before the Tribunal, the Tribunal applies the usual civil law standard and expectations. That means that it is the party bringing the application to establish their claims “on the balance of probabilities.” That means that they ( in this case the tenant), must establish that what they are claiming is more likely than not. This is referred to as the burden of proof. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
It is for the tenant to provide the evidence necessary to prove their claim. If the tenant fails to do so, then their claim will be dismissed whether it has merit or not, because it is for the tenant to provide the necessary evidence. Compensation
The tenant in her application refers to seeking compensation for work done to the property at the start of the tenancy.
However, this was not pursued at the hearing and no evidence has been provided to support this claim.
I am dismissing the claim for compensation. Failure to maintain.
Rachael Moore claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must: provide the premises in a reasonable state of cleanliness. provide and maintain the premises in a reasonable state of repair. comply with all requirements in respect of smoke alarms and insulation set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 comply with any relevant enactment in relation to buildings, health, and safety. provide an adequate means for the collection and storage of water if there is no reticulated supply.
Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
The tenant talked about there being no water at the property on Christmas day 2023 and that the water quality was poor during the tenancy. Furthermore, that windows did not open and there was mould on walls as a result of the lack of ventilation. The tenancy says there was a rat and mice infestation, that the drains blocked, and she had no rubbish bin.
The tenant relies on the diary entries in her partners journal and three photos. Two photos were of a drain that was filled with water and wallpaper with mould spots on it.
The landlord stated that the tenant did contact her on Christmas day about the lack of water. The landlord went to the property and showed the tenant how to reinstate the water. The water is pumped from the landlord/owners well and sometimes there can be difficulties which have to be adjusted to ensure the water flow.
The landlord states that at no time has the tenant discussed the poor water quality, blocked drains, rat, and mice infestation with her. However, the landlord said that she regularly leaves traps and bait out to manage any potential infestations in all three properties.
It is the tenant’s responsibility to notify the landlord of any damage to the property or of the need for any repairs. See s40 (d) RTA.
The landlord cannot be held accountable for maintenance that they are unaware of. The tenant has not provided the Tribunal with any evidence that she communicated her issues with the poor water quality, blocked drain, rats, and mice infestation with the landlord.
The landlord said all windows except one, were opening. The tenant has not provided any evidence that the windows were sealed shut.
I find there is a lack of evidence to support the tenants claims and therefore I must dismiss the claims. Unlawful entry
Rachael Moore claims the landlord has harassed them.
A landlord must not interfere with the reasonable peace, comfort, or privacy of the tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986.
Breaching this obligation in circumstances that amount to harassment is an unlawful act for which exemplary damages may be awarded up to a maximum of $3,000.00. See section 38(3) and Schedule 1A RTA.
Harassment means "to trouble, worry or distress" or "to wear out, tire, or exhaust" and "indicates a particular pattern of behaviour directed towards another person". MacDonald v Dodds, CIV-2009-019-001524, DC Hamilton, 26 February 2010.
The tenant says that the landlord would turn up at the property unannounced at the property on about 10 occasions without notice to her and on occasion call her and her partner “squatters.” The tenant says that there were recordings on her partners phone that would support this claim. However, the tenant has not been able to provide the Tribunal with the recordings.
The landlord denies that she would turn up unannounced to the property. However, recalls an occasion when an insurance agent came to the property unannounced. Once to drop off the tenancy agreement, to help get the water supply back and once to see if they were ok.
I cannot consider this claim as proven because the tenant has not been able to provide evidence to support her claim. Therefore, I must dismiss the claim.
There was discussion about not having a rubbish bin, but the landlord said that she was able to use the rubbish bins at the café and council had not issued the cottage with its own rubbish bin.
Essentially the tenants claim must fail as there simply is not evidence provided to the Tribunal to support her claims. Failure to provide tenancy agreement.
Rachael Moore claims the landlord has not ensured the tenancy agreement is in writing and/or did not sign the tenancy agreement and provide a copy to the tenant.
A landlord must ensure the tenancy agreement is in writing, signed and a copy provided to the tenant prior to the tenancy commencing. See section 13 Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act, for which the Tribunal may award exemplary damages up to a maximum of $750.00. See section 13(4) and Schedule 1A Residential Tenancies Act 1986.
The landlord accepts that there was no written tenancy agreement before the commencement of the tenancy. However, the circumstances of the tenants moving in were set out above. I find the landlord has breach s13(4) of the RTA and has committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied that it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
While I consider that the landlord has breached the RTA by not providing a tenancy agreement, I accept there were circumstances that hindered that process.
The tenant and her partner took it upon themselves to move into to the property while negotiations were on going regarding employment and the tenancy.
A tenancy agreement was given to the tenant but was not completed by the landlord. Events superseded further efforts to have a tenancy agreement, such as the advice from the tenants’ partner that they would leave on 27 January 2024. The tenant did not pay any rent during the time she was at the property nor pay a bond to the landlord.
The landlord advised that the cottage was only casually let or used for employee accommodation.
Given consideration of the circumstances surrounding the tenancy I do not find that the landlord has committed the unlawful act intentionally.
I am dismissing the tenants claim that the landlord failed to provide a written tenancy agreement.
Because Butlers Fruit Farms Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4846480 — Rent arrears at 2070 Waimate Highway, Makikihi, Waimate 7978, Plum

At a glance

Tenancy Tribunal case 4846480 — Rent arrears at 2070 Waimate Highway, Makikihi, Waimate 7978, Plum

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