What was the outcome of Tenancy Tribunal case 4988828?

The tribunal order states: The tenancy of Rebecca Watene and Braylin Mori Watene-Paul at 6 Waipapa

How much money was awarded in case 4988828?

Compensation: Loss Of Amenity: $1,757.14 awarded to tenant; Rent Arrears: $25,828.57 awarded to landlord

What type of tenancy dispute was case 4988828?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4988828?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11027294-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4988828?

The tribunal order states: The tenancy of Rebecca Watene and Braylin Mori Watene-Paul at 6 Waipapa

How much money was awarded in case 4988828?

Compensation: Loss Of Amenity: $1,757.14 awarded to tenant; Rent Arrears: $25,828.57 awarded to landlord

What type of tenancy dispute was case 4988828?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4988828?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11027294-Tenancy_Tribunal_Order.pdf.

6 Waipapa Road, Hataitai, Wellington 6021 Tenancy Tribunal Case 4988828 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4988828 — net $17,671.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$25,828.57		Rent arrears
Compensation: Loss of amenity		$1,757.14	Loss of amenity
Total award	$25,828.57	$1,757.14
Net award	$17,671.43
Total payable by Tenant to Landlord	$17,671.43

The tenancy of Rebecca Watene and Braylin Mori Watene-Paul at 6 Waipapa Road, Hataitai, Wellington 6021 is terminated, and possession is granted to Seddon Street Property Management Limited As Agent For Raewar Property Holding Trust (Warwick Walbran), at 11.59 am on Wednesday 6 November 2024.

The Bond Centre is to pay the bond of $6,400.00 (3481490-002) to Seddon Street Property Management Limited As Agent For Raewar Property Holding Trust (Warwick Walbran) immediately.

Rebecca Watene and Braylin Mori Watene-Paul must pay Seddon Street Property Management Limited As Agent For Raewar Property Holding Trust (Warwick Walbran) $17,671.43 immediately, calculated as shown in the table below:

Reasons

Both parties attended this video hearing.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

The tenant has applied for release of the bond and exemplary damages for failure to maintain. Landlord claims

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided rent records which prove the amount owing at the end of the tenancy will be $25,828.57. Tenant claims

Rebecca Watene and Braylin Mori Watene-Paul claim that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.

Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair.

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 tenancy commenced. Immediately the tenants discovered that the hot water system was not operating correctly. The hot water would only last for approximately 1 minute before becoming cold.

The tenant first told the landlord of the problem on 5 July 2024. The landlord immediately issued a work order. Various trades people were instructed by the landlord to resolve the problem . The tradespeople all said that they were unable to fix it.

The landlord resorted to contacting the hot water system manufacturer Rinnai. Rinnai’s first appointment to view was on 15 August 2024. Rinnai cancelled and rebooked the appointment on 20 August 2024. Once Rinnai eventually attended, they said that because of the placement of the system they were unable to fix it.

The system was eventually fixed by a plumber of 15 September 2024 at a substantial cost.

Where there is a fault that is brought to the attention of a landlord, the landlord is to be given a reasonable time to carry out repairs. What will be a reasonable time allows for all the relevant circumstances, such as difficulty in finding the source of the problem. Taking into consideration the five different groups of tradespeople instructed to try to get the problem fixed, I do not consider that there has been a failure on the landlord’s part. Every possible step seems to have been taken. The application for exemplary damages is dismissed.

Having said that, the provision of hot water is to be expected in every tenancy. There has been a clear loss of amenity to the tenant in having very limited hot water for an extended period. From the commencement of the tenancy to the date of repair is 11 weeks and five days. I consider a reasonable compensation for the inconvenience to the tenant is $150.00 per week, being a total of $1,757.14.

There was insufficient evidence in relation to the back door issue for me to make any orders.

The tenant raised the issue of her children’s health. No evidence was provided of a causal link between the lack of hot water and their health. The claim is dismissed.

Both parties have paid a filing fee and enjoyed a degree of success. I make not order regarding the reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 4988828 — net $17,671.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$25,828.57		Rent arrears
Compensation: Loss of amenity		$1,757.14	Loss of amenity
Total award	$25,828.57	$1,757.14
Net award	$17,671.43
Total payable by Tenant to Landlord	$17,671.43

Order

The tenancy of Rebecca Watene and Braylin Mori Watene-Paul at 6 Waipapa Road, Hataitai, Wellington 6021 is terminated, and possession is granted to Seddon Street Property Management Limited As Agent For Raewar Property Holding Trust (Warwick Walbran), at 11.59 am on Wednesday 6 November 2024.
The Bond Centre is to pay the bond of $6,400.00 (3481490-002) to Seddon Street Property Management Limited As Agent For Raewar Property Holding Trust (Warwick Walbran) immediately.
Rebecca Watene and Braylin Mori Watene-Paul must pay Seddon Street Property Management Limited As Agent For Raewar Property Holding Trust (Warwick Walbran) $17,671.43 immediately, calculated as shown in the table below:

Reasons

Both parties attended this video hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The tenant has applied for release of the bond and exemplary damages for failure to maintain. Landlord claims
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy will be $25,828.57. Tenant claims
Rebecca Watene and Braylin Mori Watene-Paul claim that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair.
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 tenancy commenced. Immediately the tenants discovered that the hot water system was not operating correctly. The hot water would only last for approximately 1 minute before becoming cold.
The tenant first told the landlord of the problem on 5 July 2024. The landlord immediately issued a work order. Various trades people were instructed by the landlord to resolve the problem . The tradespeople all said that they were unable to fix it.
The landlord resorted to contacting the hot water system manufacturer Rinnai. Rinnai’s first appointment to view was on 15 August 2024. Rinnai cancelled and rebooked the appointment on 20 August 2024. Once Rinnai eventually attended, they said that because of the placement of the system they were unable to fix it.
The system was eventually fixed by a plumber of 15 September 2024 at a substantial cost.
Where there is a fault that is brought to the attention of a landlord, the landlord is to be given a reasonable time to carry out repairs. What will be a reasonable time allows for all the relevant circumstances, such as difficulty in finding the source of the problem. Taking into consideration the five different groups of tradespeople instructed to try to get the problem fixed, I do not consider that there has been a failure on the landlord’s part. Every possible step seems to have been taken. The application for exemplary damages is dismissed.
Having said that, the provision of hot water is to be expected in every tenancy. There has been a clear loss of amenity to the tenant in having very limited hot water for an extended period. From the commencement of the tenancy to the date of repair is 11 weeks and five days. I consider a reasonable compensation for the inconvenience to the tenant is $150.00 per week, being a total of $1,757.14.
There was insufficient evidence in relation to the back door issue for me to make any orders.
The tenant raised the issue of her children’s health. No evidence was provided of a causal link between the lack of hot water and their health. The claim is dismissed.
Both parties have paid a filing fee and enjoyed a degree of success. I make not order regarding the reimbursement of the filing fee.

Tenancy Tribunal case 4988828 — Rent arrears at 6 Waipapa Road, Hataitai, Wellington 6021

At a glance

Tenancy Tribunal case 4988828 — Rent arrears at 6 Waipapa Road, Hataitai, Wellington 6021

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