What was the outcome of Tenancy Tribunal case 4985389?

The tribunal order states: Graham Cooper as trustee for the GJ Cooper Family Trust must pay Gaylene

How much money was awarded in case 4985389?

Compensation: $300.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 4985389?

The dispute type was not classified.

Where can I read the official tribunal order for case 4985389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11054889-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4985389?

The tribunal order states: Graham Cooper as trustee for the GJ Cooper Family Trust must pay Gaylene

How much money was awarded in case 4985389?

Compensation: $300.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 4985389?

The dispute type was not classified.

Where can I read the official tribunal order for case 4985389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11054889-Tenancy_Tribunal_Order.pdf.

160B Parker Road, Oratia, Auckland 0604 Tenancy Tribunal Case 4985389 — Tenancy dispute

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Claims and awards in Tenancy Tribunal application 4985389 — net $327.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation for failure to supply hot water	$300.00	Compensation for failure to supply hot water
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$327.00
Bond	$940.00
Total payable by Landlord to Tenant	$327.00

Order

Graham Cooper as trustee for the GJ Cooper Family Trust must pay Gaylene Joy Turvey $327.00 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $940.00 (6532562-003) to Gaylene Joy Turvey immediately.

Reasons

Both parties attended the hearing.
The tenant has applied for refund of the bond. The landlord has a claim against the bond, but has not filed a counterclaim with Tenancy Services.
Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim.
Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant.
On the remaining claim by the tenant for compensation for not having hot water for 3 weeks in mid July 2024, I find that the landlord is in breach of his obligations by failing to ensure that the tenant has continuous hot water supply, especially in winter. I do not accept the landlord’s explanation of the gas not being topped up properly by the tenant, alluded to as the reason for the tenant not having hot water.
While the text messages between the parties at the material times indicates that the landlord had taken some efforts to allay the issues raised, ultimately the landlord’s efforts (including his plumber’s) were unsuccessful, and the tenant only had lukewarm water for three weeks.
Having regard to the $470.00 rent over the period in question, and the fact that the tenant did have lukewarm water (rather than cold water), I award the tenant $100.00 for each of the three weeks that the tenant was without hot water for discomfort, inconvenience and loss of amenity suffered by the tenant.
The tenant being successful in the application is also entitled to reimbursement of the filing fee.

Tenancy Tribunal case 4985389 — Tenancy dispute at 160B Parker Road, Oratia, Auckland 0604

At a glance

Tenancy Tribunal case 4985389 — Tenancy dispute at 160B Parker Road, Oratia, Auckland 0604

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