How much money was awarded in case 4990508?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,457.14 awarded to landlord; Water Rates: $9.46 awarded to landlord

What type of tenancy dispute was case 4990508?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4990508?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11579971-Tribunal_Order.pdf.

How much money was awarded in case 4990508?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,457.14 awarded to landlord; Water Rates: $9.46 awarded to landlord

What type of tenancy dispute was case 4990508?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4990508?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11579971-Tribunal_Order.pdf.

65 Takahe Road, Titirangi, Auckland 0604 Tenancy Tribunal Case 4990508 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4990508?

The tribunal order states: Jonathan Paul Douglas Cowley must pay Habitat Property Management Limited

Order

Claims and awards in Tenancy Tribunal application 4990508 — net $1,373.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 September 2024	$4,457.14	Rent arrears to 3 September 2024
Water rates	$9.46	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,373.60
Total payable by Tenant to Landlord	$1,373.60

Jonathan Paul Douglas Cowley must pay Habitat Property Management Limited - As Agent For Florimar Ancajas & Wilmar Ancajas $1,373.60 immediately, being rent arrears to 3 September 2024.

The Bond Centre is to pay the bond of $3,120.00 (3288734-007) to Habitat Property Management Limited - As Agent For Florimar Ancajas & Wilmar Ancajas immediately.

The tenant’s application is dismissed.

Reasons

Both parties attended the hearing. The tenant attended in person. The landlord had sought an adjournment due to illness but given that there was no supporting evidence in relation to his illness and that the request was very late, I directed that the landlord could attend the hearing by telephone.

There was a Case Conference convened on 17 December 2024 which isolated the issues and confirmed the parties’ claims.

The landlord has applied for rent arrears and water rates and has provided records which prove the amount owing. Those claims are ordered.

At the hearing the landlord withdrew all other claims.

The tenant has applied for compensation and exemplary damages in respect of a Healthy Homes claim.

The tenancy commenced on 19 December 2023. The Healthy Homes compliance date is 120 days after the start date. The compliance date for this tenancy is therefore 17 April 2024.

The tenant said that he had suffered health issues while living at the premises but acknowledged that there was no evidence directly linking his health with the state of the premises. The tenant said that there was mould and moisture in the premises and in July 2024 he sent an email to the landlord.

At the hearing the tenant produced some photographs as evidence.

There is a Healthy Homes report prepared by All Clear dated 18 September 2023. That report records that at the date of assessment the premises did not comply with the moisture and drainage standard and the draught stopping standard. The landlord evidence is that these issues were resolved before the tenancy commenced.

The report states that there is a moisture barrier, but it did not meet current standards due to poor installation, rips or tears or other issues. The report says the moisture barrier will require remediation or replacement to meet the standard unless deemed impractical by a professional installer.

The landlord produced an email from a contractor dated 16 October 2023 in which the contractor advised that it would be hard to get the job done due to access in the small space.

The report states that there were multiple drainage system failures, and these were listed.

The landlord produced an invoice dated 24 November 2023 which records that the leaky gutter and connection of old black coil drain were repaired. It is not clear that this work has addressed the issues raised by the report. Only another report would clearly determine whether these issues still exist. Unfortunately, neither party has produced a report more recent that September 2023.

The report states that gaps of 3mm or more were detected at the property. The report referred to the kitchen window and a window which was unable to be closed in bedroom 1.

The landlord produced an invoice dated 9 February 2024 which records repairs in the kitchen and the second lounge which I understand may also be described as a bedroom.

On the evidence it is not clear that the landlord has breached the Healthy Homes standards. The landlord has taken steps to address the issues identified in the report by the compliance date in April 2024.

The tenant also referred to a slippery deck and driveway which he brought to the landlord’s attention in an email dated 27 July 2024. The landlord carried out a routine inspection two days later on 29 July 2024. The landlord arranged for the deck, driveway, and side of the house to be water blasted and produced an invoice dated 15 August 2024 to confirm that this occurred.

The tenant referred to mould in the premises. He produced a photograph of a drawer with mould inside. He also said that there was mould on the outside of the exterior heat pump unit. The landlord said that it is algae rather than mould. On the evidence produced I am not sure that there is mould at the premises.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

The applicant claimed a breach of the Healthy Homes standards and that his health issues were attributable to the condition of the premises.

The applicant has not satisfied me that it is more likely than not that the landlord has breached the Healthy Homes standards and contributed to his health condition. For this reason, I have dismissed the tenant’s claim.

Because Jonathan Paul Douglas Cowley has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4990508 — net $1,373.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 September 2024	$4,457.14	Rent arrears to 3 September 2024
Water rates	$9.46	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,373.60
Total payable by Tenant to Landlord	$1,373.60

Order

Jonathan Paul Douglas Cowley must pay Habitat Property Management Limited - As Agent For Florimar Ancajas & Wilmar Ancajas $1,373.60 immediately, being rent arrears to 3 September 2024.
The Bond Centre is to pay the bond of $3,120.00 (3288734-007) to Habitat Property Management Limited - As Agent For Florimar Ancajas & Wilmar Ancajas immediately.
The tenant’s application is dismissed.

Reasons

Both parties attended the hearing. The tenant attended in person. The landlord had sought an adjournment due to illness but given that there was no supporting evidence in relation to his illness and that the request was very late, I directed that the landlord could attend the hearing by telephone.
There was a Case Conference convened on 17 December 2024 which isolated the issues and confirmed the parties’ claims.
The landlord has applied for rent arrears and water rates and has provided records which prove the amount owing. Those claims are ordered.
At the hearing the landlord withdrew all other claims.
The tenant has applied for compensation and exemplary damages in respect of a Healthy Homes claim.
The tenancy commenced on 19 December 2023. The Healthy Homes compliance date is 120 days after the start date. The compliance date for this tenancy is therefore 17 April 2024.
The tenant said that he had suffered health issues while living at the premises but acknowledged that there was no evidence directly linking his health with the state of the premises. The tenant said that there was mould and moisture in the premises and in July 2024 he sent an email to the landlord.
At the hearing the tenant produced some photographs as evidence.
There is a Healthy Homes report prepared by All Clear dated 18 September 2023. That report records that at the date of assessment the premises did not comply with the moisture and drainage standard and the draught stopping standard. The landlord evidence is that these issues were resolved before the tenancy commenced.
The report states that there is a moisture barrier, but it did not meet current standards due to poor installation, rips or tears or other issues. The report says the moisture barrier will require remediation or replacement to meet the standard unless deemed impractical by a professional installer.
The landlord produced an email from a contractor dated 16 October 2023 in which the contractor advised that it would be hard to get the job done due to access in the small space.
The report states that there were multiple drainage system failures, and these were listed.
The landlord produced an invoice dated 24 November 2023 which records that the leaky gutter and connection of old black coil drain were repaired. It is not clear that this work has addressed the issues raised by the report. Only another report would clearly determine whether these issues still exist. Unfortunately, neither party has produced a report more recent that September 2023.
The report states that gaps of 3mm or more were detected at the property. The report referred to the kitchen window and a window which was unable to be closed in bedroom 1.
The landlord produced an invoice dated 9 February 2024 which records repairs in the kitchen and the second lounge which I understand may also be described as a bedroom.
On the evidence it is not clear that the landlord has breached the Healthy Homes standards. The landlord has taken steps to address the issues identified in the report by the compliance date in April 2024.
The tenant also referred to a slippery deck and driveway which he brought to the landlord’s attention in an email dated 27 July 2024. The landlord carried out a routine inspection two days later on 29 July 2024. The landlord arranged for the deck, driveway, and side of the house to be water blasted and produced an invoice dated 15 August 2024 to confirm that this occurred.
The tenant referred to mould in the premises. He produced a photograph of a drawer with mould inside. He also said that there was mould on the outside of the exterior heat pump unit. The landlord said that it is algae rather than mould. On the evidence produced I am not sure that there is mould at the premises.
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
The applicant claimed a breach of the Healthy Homes standards and that his health issues were attributable to the condition of the premises.
The applicant has not satisfied me that it is more likely than not that the landlord has breached the Healthy Homes standards and contributed to his health condition. For this reason, I have dismissed the tenant’s claim.
Because Jonathan Paul Douglas Cowley has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4990508 — Rent arrears at 65 Takahe Road, Titirangi, Auckland 0604

At a glance

Tenancy Tribunal case 4990508 — Rent arrears at 65 Takahe Road, Titirangi, 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