How much money was awarded in case 4958313?

Compensation: Stove/carpet maintenan…: $540.00 awarded to tenant; Compensation: Waterblasting: $368.00 awarded to tenant

What type of tenancy dispute was case 4958313?

The dispute type was not classified.

Where can I read the official tribunal order for case 4958313?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10687910-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4958313?

Compensation: Stove/carpet maintenan…: $540.00 awarded to tenant; Compensation: Waterblasting: $368.00 awarded to tenant

What type of tenancy dispute was case 4958313?

The dispute type was not classified.

Where can I read the official tribunal order for case 4958313?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10687910-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 51A Browns Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4958313 — Tenancy dispute

Q: What was the outcome of Tenancy Tribunal case 4958313?

The tribunal order states: Southern Suburbs Realty Limited is granted possession of the premises at

Order

Claims and awards in Tenancy Tribunal application 4958313 — net $908.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Stove/carpet maintenance	$540.00	Stove/carpet maintenance
Compensation: Waterblasting	$368.00	Waterblasting
Net award	$908.00
Total payable by Landlord to Tenant	$908.00

Southern Suburbs Realty Limited is granted possession of the premises at Unit/Flat 3, 51A Browns Road, Manurewa, Auckland 2102 from 5pm on Friday 16 August 2024.

Southern Suburbs Realty Limited must pay Cynthia Harris and Shannon Brown $908.00 immediately as set out in the table below.

All other claims are dismissed.

Reasons

Both parties attended the hearing.

The tenancy began on 22 August 2011.

The tenant applied for a work order, a claim in respect of the Healthy Homes standards and compensation.

The landlord applied for possession and for remedy of breaches including failure to quit and the tenant failing to allow entry.

On 30 April 2024 the landlord gave 90 days written notice to the tenant for the tenancy to terminate in accordance with section 51(2)(f) Residential Tenancies Act 1986. The tenancy was to terminate on 31 July 2024.

The tenant refused to vacate the premises on the termination date.

The landlord has applied for possession of the premises following the termination of the tenancy.

The tenancy ended on 31 July 2024, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.

The landlord is understanding of the tenant’s position so has agreed for the possession to be granted on Friday 16 August 2024.

The tenant referred to maintenance issues during the tenancy. After considering the evidence produced, I accept that the landlord failed to attend to maintenance in respect of the carpet. The carpet is in a bad state with holes and fraying in at least two places. The tenant says that the carpet was in a bad state when the tenancy commenced, and the hole has been there since 2013.

The landlord accepts that the carpet is in a bad state. It is original from before the tenancy commenced in 2011. The landlord plans to replace the carpet as part of the renovations, which is of no benefit to this tenant.

The tenant also referred to issues with the stove at the premises. There were issues with the original stove which the landlord replaced with a reconditioned stove. The reconditioned stove required repairs and at the date of hearing required further repairs which are to be carried out in the week after the hearing.

It was around three months that the tenant was without a fully functioning stove in that during that time at least one element was not working.

Due to the issues concerning the carpet and the stove I consider that the tenant should be compensated for loss of amenity. I consider that one week’s rent of $540.00 is reasonable compensation.

There was also an issue with the spouting which the tenant says the landlord had not cleaned for at least four years. The landlord arranged for a company to clean the guttering, but that contractor went to the wrong address. Instead, the tenant arranged for another company to carry out the work. Pursuant to section 45(1)(d) Residential tenancies Act 1986 the tenant should be reimbursed for that cost.

At the hearing the landlord agreed to the reimbursement which amounts to $368.00. The invoice is in the tenant’s name so the tenant is to pay the invoice from this award.

The tenant had claimed in respect of the Healthy Homes standards. The landlord produced a report dated 7 May 2020 which records that the home was compliant except for the heating and ventilation standards. Since the date of this report the landlord has installed a heat pump, a kitchen rangehood and bathroom ventilation.

At the hearing the tenant acknowledged that the premises are now compliant with the Healthy Homes standards. That part of their claim is dismissed.

As the tenancy has ended the work orders are no longer required.

While both parties had submitted other claims it is my view that none of the other claims warrant compensation and are therefore dismissed.

As both parties have had some success with their applications, I make no award for reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 4958313 — net $908.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Stove/carpet maintenance	$540.00	Stove/carpet maintenance
Compensation: Waterblasting	$368.00	Waterblasting
Net award	$908.00
Total payable by Landlord to Tenant	$908.00

Order

Southern Suburbs Realty Limited is granted possession of the premises at Unit/Flat 3, 51A Browns Road, Manurewa, Auckland 2102 from 5pm on Friday 16 August 2024.
Southern Suburbs Realty Limited must pay Cynthia Harris and Shannon Brown $908.00 immediately as set out in the table below.
All other claims are dismissed.

Reasons

Both parties attended the hearing.
The tenancy began on 22 August 2011.
The tenant applied for a work order, a claim in respect of the Healthy Homes standards and compensation.
The landlord applied for possession and for remedy of breaches including failure to quit and the tenant failing to allow entry.
On 30 April 2024 the landlord gave 90 days written notice to the tenant for the tenancy to terminate in accordance with section 51(2)(f) Residential Tenancies Act 1986. The tenancy was to terminate on 31 July 2024.
The tenant refused to vacate the premises on the termination date.
The landlord has applied for possession of the premises following the termination of the tenancy.
The tenancy ended on 31 July 2024, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
The landlord is understanding of the tenant’s position so has agreed for the possession to be granted on Friday 16 August 2024.
The tenant referred to maintenance issues during the tenancy. After considering the evidence produced, I accept that the landlord failed to attend to maintenance in respect of the carpet. The carpet is in a bad state with holes and fraying in at least two places. The tenant says that the carpet was in a bad state when the tenancy commenced, and the hole has been there since 2013.
The landlord accepts that the carpet is in a bad state. It is original from before the tenancy commenced in 2011. The landlord plans to replace the carpet as part of the renovations, which is of no benefit to this tenant.
The tenant also referred to issues with the stove at the premises. There were issues with the original stove which the landlord replaced with a reconditioned stove. The reconditioned stove required repairs and at the date of hearing required further repairs which are to be carried out in the week after the hearing.
It was around three months that the tenant was without a fully functioning stove in that during that time at least one element was not working.
Due to the issues concerning the carpet and the stove I consider that the tenant should be compensated for loss of amenity. I consider that one week’s rent of $540.00 is reasonable compensation.
There was also an issue with the spouting which the tenant says the landlord had not cleaned for at least four years. The landlord arranged for a company to clean the guttering, but that contractor went to the wrong address. Instead, the tenant arranged for another company to carry out the work. Pursuant to section 45(1)(d) Residential tenancies Act 1986 the tenant should be reimbursed for that cost.
At the hearing the landlord agreed to the reimbursement which amounts to $368.00. The invoice is in the tenant’s name so the tenant is to pay the invoice from this award.
The tenant had claimed in respect of the Healthy Homes standards. The landlord produced a report dated 7 May 2020 which records that the home was compliant except for the heating and ventilation standards. Since the date of this report the landlord has installed a heat pump, a kitchen rangehood and bathroom ventilation.
At the hearing the tenant acknowledged that the premises are now compliant with the Healthy Homes standards. That part of their claim is dismissed.
As the tenancy has ended the work orders are no longer required.
While both parties had submitted other claims it is my view that none of the other claims warrant compensation and are therefore dismissed.
As both parties have had some success with their applications, I make no award for reimbursement of the filing fee.

Tenancy Tribunal case 4958313 — Tenancy dispute at Unit/Flat 3, 51A Browns Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4958313 — Tenancy dispute at Unit/Flat 3, 51A Browns Road, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions