What was the outcome of Tenancy Tribunal case 4993569?

The tribunal order states: Christina Perceval must pay Port Property Management Limited $4,174.93

How much money was awarded in case 4993569?

Property Damage: $850.00 awarded to tenant; Property Damage: $350.00 awarded to tenant; Compensation: Living With Mould: $1,500.00 awarded to tenant; Rent Arrears: $6,187.14 awarded to landlord; Water Rates: $687.79 awarded to landlord

What type of tenancy dispute was case 4993569?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4993569?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10959934-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4993569?

The tribunal order states: Christina Perceval must pay Port Property Management Limited $4,174.93

How much money was awarded in case 4993569?

Property Damage: $850.00 awarded to tenant; Property Damage: $350.00 awarded to tenant; Compensation: Living With Mould: $1,500.00 awarded to tenant; Rent Arrears: $6,187.14 awarded to landlord; Water Rates: $687.79 awarded to landlord

What type of tenancy dispute was case 4993569?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4993569?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10959934-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 60 Racecourse Road, Waiuku, Waiuku 2123 Tenancy Tribunal Case 4993569 — Rent arrears

Claims and awards in Tenancy Tribunal application 4993569 — net $4,174.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 18 October 2024	$6,187.14		Rent arrears to 18 October 2024
Water rates	$687.79		Water rates
Compensation: general damages for power issues		$350.00	general damages for power issues
Compensation: general damages for burst hot		$850.00	general damages for burst hot
Compensation: living with mould		$1,500.00	living with mould
Total award	$6,874.93	$2,700.00
Net award	$4,174.93
Total payable by Tenant to Landlord	$4,174.93

Claims and awards in Tenancy Tribunal application 4993569 — net $4,174.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 18 October 2024	$6,187.14		Rent arrears to 18 October 2024
Water rates	$687.79		Water rates
Compensation: general damages for power issues		$350.00	general damages for power issues
Compensation: general damages for burst hot		$850.00	general damages for burst hot
Compensation: living with mould		$1,500.00	living with mould
Total award	$6,874.93	$2,700.00
Net award	$4,174.93
Total payable by Tenant to Landlord	$4,174.93

Order

Christina Perceval must pay Port Property Management Limited $4,174.93 immediately, calculated as shown in table below:
By consent, the tenancy will terminate on 18 October 2024 and possession is to return to the landlord on that date.

Reasons

Both parties attended the hearing on 16 October 2024.
The landlord seeks rent arrears as well as termination of the tenancy.
The amounts set out above for payment of outstanding rent and current water rates are proved.
The parties agree that the tenancy will terminate and vacant possession will return to the landlord on 18 October 2024. Rent will be charged up to the date that vacant possession has been returned to the landlord as set out above.
I now address the tenant’s claims that the premises are in disrepair, leaking and mouldy. Loss of enjoyment and failure to ensure that the house is free from dampness
The tenant found living in a cold and damp 1950s house detrimental to her and her children’s health. Medical reports have been adduced of the tenant and her children being treated for respiratory illnesses.
The tenant seeks compensation and rent reduction on account of the landlord’s failure to attend to repairs and the outbreak of mould at the premises. In early June 2024, the hot water cylinder burst causing flooding to the house. The dishwasher also had to be replaced because of power outages caused when being operated.
Under section 45(1)(a) - (ca) Residential Tenancies Act 1986, the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements.
A landlord must: a) provide and maintain the premises in a reasonable state of repair; b) comply with all requirements in respect of smoke alarms and insulation set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016; and c) comply with any relevant enactment in relation to buildings, health and safety.
A landlord must also comply with the minimum standards of housing as set out in the Housing Improvement Regulations 1947. Section 15 of the Regulations provides that every house shall be free from dampness.
All Clear Group Limited (‘All Clear’) was engaged by the landlord to undertake an indoor air quality assessment of the premises.
Based on the inspection conducted on 20 September 2024, All Clear identified the following issues: a. There is nearly a 4-fold increase in Aspergillus/Penicillium type spores in bedroom 1 and an approximate 8-fold increase in Aspergillus/Penicillium type spores in bedroom 3 compared to the outdoor samples. These fungi commonly grow indoors because of moisture ingress issues, a raised relative humidity or condensation due to a lack of adequate ventilation. b. There is an 18-fold increase in Cladosporium type spores in bedroom 1 and an approximate 10-fold increase Cladosporium type spores in bedroom compared to the outdoor sample. This fungi is often found growing superficially on surfaces such as damp window frames, paint, wallpaper due to a raised relative humidity or condensation. c. The tenants noticed mould growth along the architraves in two of the bedrooms, as well as on the bed slats and their belongings. There is also mould in the hallway behind the wallpaper near the bathroom door, however this is due to a slow shower leak which has been fixed. d. The tenant’s daughter was admitted to the hospital after developing pneumonia. This information was given by the tenant to the inspector. e. Discussions with the tenant also reveal that the hot water cylinder that burst earlier this year flooded the entire property, including the bedrooms. Four days after the flood, dehumidifiers and fans were used throughout the property as well as underneath to dry it. There is no change in mould growth during different seasons.
All Clear concluded from their visual inspection and moisture readings that the sources of moisture ingress and mould growth are suspected to be from: a. Inadequate ventilation within the property. b. Presence of condensation on windows which may be due to both human exhalation while sleeping/occupying the room coupled with a naturally elevated relative humidity within the region due to the proximity of vegetation to the property which results in slightly higher water vapour in indoor environments. c. High humidity readings of 84-87% d. Elevated moisture content where several building materials within the property were noted to have an elevated moisture content indicating that they remain in a ‘damp state.’
All Clear recommended: a. engagement of a suitably qualified and experienced building contractor/specialists to investigate the extraction capacity of the bathroom extractor fan and ensure it meets the Healthy Home requirements. b. Installation of a heat pump with dehumidification functionality. c. Occupants of the property should undertake steps to reduce the indoor humidity to levels between 30-60% by using air-conditioners and/or dehumidifiers. d. Use of appropriate extraction systems when showering, cooking, and laundering. e. Keeping the internal temperature warm (ideally above 18°C) so that the dew point is not reached. f. Opening windows for at least 10-15 minutes per day to aid air circulation. g. Removing any condensation around the window framing and on the windowpane as soon as it forms. h. Following successful rectification of the source(s) of the moisture/water ingress, engage suitably experienced and qualified mould remediators to undertake remediation of the affected areas. i. During remediation works, workers should wear suitable personal protective equipment (PPE), including coveralls, gloves, disposable shoe covers, and respiratory protection within the Work Area following New Zealand Standard AS/NZS 1715:2009.
While the landlord contends that the sole or substantial cause of the mould growth and dampness is due to the tenant failing to operate the HRV system and failing to ventilate the premises adequately, I prefer the tenant’s evidence that she had opened the windows and operated the HRV system by turning nd leaving it on. Clearly those measures alone by the tenant were inadequate to prevent mould growth and build up.
Based on All Clear’s conclusions and recommendations, I find that the landlord ought to have taken a more active step in preventing dampness and mould growth (rather than just asking the tenant to wipe the mould) when the tenant reported the mould growth and dampness which is prevalent in the property.
On the cause of mould and dampness, All Clear identified other elements apart from perceived lack of ventilation by the occupants/tenant. I do not consider it sufficient for the landlord to defer responsibility to the tenant to simply wipe off the mould, insisting that the cause of mould was the tenant’s own doing.
Having regard to the overall circumstances set out above, I consider that the landlord should be ordered to compensate the tenant in the sum of $1,500.00 for the mould and damp living conditions and for failing to attend to necessary maintenance.
The tenant also endured power issues and the burst hot water cylinder which flooded the part of the house. While I found that the landlord had responded to the issues in a reasonably timely fashion, the tenant had suffered loss of amenity.
I award general damages to the tenant for stress and inconvenience suffered in the tenant having to endure power issues and flooding from the burst hot water cylinder in the sum of $350 and $850 respectively.
Ultimately, only the amounts ordered are proved.
I specifically reject the tenant’s assertion that the landlord’s property manager has deliberately ignored the tenant and her children’s wellbeing. The amounts ordered above reflect the right of tenants to comfort and enjoyment of the premises for which rent is paid; it is not a reflection of the lack of care that the tenant has strenuously charged the landlord.
Consequently, I make no award of exemplary damages against the landlord.

Tenancy Tribunal case 4993569 — Rent arrears at Unit/Flat 1, 60 Racecourse Road, Waiuku, Waiuku 2123

At a glance

Tenancy Tribunal case 4993569 — Rent arrears at Unit/Flat 1, 60 Racecourse Road, Waiuku, Waiuku 2123

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