How much money was awarded in case 4978868?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4978868?

The primary dispute was 14-day notice. Related themes: State of repair, Cleanliness, Exemplary damages, Leaks.

Where can I read the official tribunal order for case 4978868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11566435-Tribunal_Order.pdf.

How much money was awarded in case 4978868?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4978868?

The primary dispute was 14-day notice. Related themes: State of repair, Cleanliness, Exemplary damages, Leaks.

Where can I read the official tribunal order for case 4978868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11566435-Tribunal_Order.pdf.

16 Fontenoy Street, Mount Albert, Auckland 1025 Tenancy Tribunal Case 4978868 — 14-day notice

Q: What was the outcome of Tenancy Tribunal case 4978868?

The tribunal order states: The landlord must carry out the following work to the premises, which must be

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Order

The landlord must carry out the following work to the premises, which must be completed by 17 May 2025: a. Replace the toilet. b. Repair the leaking outside tap. c. Inspect the kitchen and bathroom extractor fans and remediate them if required. d. Repair the front gate to a reasonable, professional standard of repair. e. Engage a specialist roofing contractor to investigate any leaks to the study/small rear bedroom’s roof and onto the master bedroom’s window frame and remediate any leaks. f.Engage a qualified electrician to inspect electrical issues at the premises in respect to the master bedroom’s lights and the lounge’s lights and remediate any issues to a reasonable standard of repair.

The tenant must provide Good Neighbours Real Estate Ltd with a copy of her video of water leaking onto the master bedroom’s window by 20 March 2025.

Kahui Tu Kaha Ltd must reimburse or credit the tenant 10 per cent of the tenant’s water invoices from the beginning of the tenancy and until the leaks referred to in Order 1(a) and 1(b) are fixed.

Reasons

The tenant attended the hearing in person.

Patrick Rankin attended for Good Neighbours, the landlord’s agent.

Meita Fesola’i attended for Kahui, the sublandlord.

Good Neighbours claims against Kahui that its tenant has damaged the premises including the front gates, its tenant has not kept the premises reasonably clean and tidy, and it suspects the tenant of using illegal drugs at the premises. It seeks orders that Kahui end the tenant’s tenancy and return the premises to their prior condition.

Ms Walters claims against Kahui for it failing to maintain the premises in respect to the outdoor tap, the toilet, lighting wiring, the extractor fans, a leak in the back bedroom, the master bedroom window, and the front gate. She seeks work orders, and compensatory and exemplary damages.

Kahui claims against the tenant for water, and for breach of 14-day notices for untidiness and consuming unlawful drugs. It seeks orders for termination and compensation for expenses.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. 1

Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so. 1 See section 56(1) Residential Tenancies Act 1986 (RTA).

The landlord alleges the tenant has breached their obligations by failing to keep the premises reasonably clean and tidy and consuming or permitting the consumption of cannabis.

The landlord served 14-day notices on the tenant on and says the tenant did not remedy the breaches within the required period.

It would be inequitable to refuse to terminate the tenancy because the tenant was having difficulties at the time the 14-day notices for cleanliness were issued but has now turned things around and I am not satisfied that she is not currently keeping the premises reasonably clean.

The tenant admits she consumes cannabis but says that she only consumes legally prescribed medicinal cannabis. It has not been proved that the consumption of the cannabis at the premises is unlawful and it does not appear the premises are being damaged by the consumption.

The application for termination is refused.

Should the Tribunal make work orders?

The tenant claims that the landlord has not replaced a leaking toilet, fixed a leaking outdoor tap, ensured the extractor fans are working properly, repaired the front gate, adequately addressed leaks in the rear bedroom and through the master bedroom window, or fixed lighting issues in the master bedroom and lounge. The tenant wants the problems fixed.

The landlord has an obligation to provide and maintain the premises to a reasonable standard or repair. 2

Where the Tribunal is satisfied that work is required to ensure the premises are maintained to a reasonable standard it may make an order for the landlord to carry out the work. 3

In this case, the landlord consents to the work orders made above so it is not necessary to make formal findings of breach against the landlord. Water invoices

The landlord sought an order for water arrears. 2 Under s 45(1)(b) of the RTA. 3 RTA, s 78(1)(e).

However, the premises’ toilet cistern and the outside tap were leaking. That led to the tenant paying for water that was being lost due to the premises not being properly maintained.

The landlord is to reimburse the tenant for 10 per cent of the cost of water throughout the tenancy and until the water leaks are fixed. The tenant’s compensation and exemplary damages claims

The tenant had claimed compensation and exemplary damages for the landlord failing to maintain the premises.

However, she had little evidence to support the claims today - such as emails or text messages to prove the date she reported the alleged breaches or photographs proving the alleged disrepair.

Therefore, I did not proceed to determine those claims today. Rather, I focussed on making orders to ensure the premises is maintained to a reasonable standard in future.

However, the tenant may bring those claims to the Tribunal at a later date. If so, she must provide supporting evidence for the claims.

Order