What was the outcome of Tenancy Tribunal case 5012451?

The tribunal order states: Kāinga Ora–Homes And Communities must pay Tini Max Mel Tiny Kapua

How much money was awarded in case 5012451?

Compensation: $500.00 awarded to tenant; Compensation: $337.00 awarded to tenant; Compensation: $499.00 awarded to tenant; Compensation: $200.00 awarded to tenant

What type of tenancy dispute was case 5012451?

The dispute type was not classified.

Where can I read the official tribunal order for case 5012451?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11860996-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5012451?

The tribunal order states: Kāinga Ora–Homes And Communities must pay Tini Max Mel Tiny Kapua

How much money was awarded in case 5012451?

Compensation: $500.00 awarded to tenant; Compensation: $337.00 awarded to tenant; Compensation: $499.00 awarded to tenant; Compensation: $200.00 awarded to tenant

What type of tenancy dispute was case 5012451?

The dispute type was not classified.

Where can I read the official tribunal order for case 5012451?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11860996-Tenancy_Tribunal_Order.pdf.

7A Black Rock Road, Newlands, Wellington 6037 Tenancy Tribunal Case 5012451 — Tenancy dispute

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Reasons

Claims and awards in Tenancy Tribunal application 5012451 — net $1,536.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation clothes	$500.00	Compensation clothes
Compensation bedding	$337.00	Compensation bedding
Compensation drawers	$499.00	Compensation drawers
Compensation bed	$200.00	Compensation bed
Net award	$1,536.00
Total payable by Landlord to Tenant	$1,536.00

Mr Kapua moved into the newly renovated premises in April 2024. He says that almost immediately issues began with water coming into the tenancy, initially entering a light fitting in the wash house. On 2 July 2024 Mr Kapua reported to the landlord that following rain water was entering the upstairs rooms and damaging ceilings. This was investigated and it was discovered that there were issues with the roof fascia and an internal guttering. It appears that during renovation works a flashing had been omitted from an internal gutter, meaning that when it rained water was able to go straight through into the roof cavity and then enter the tenancy below. The landlord received a report on 22 July 2024 advising of the cause. Subsequently, to allow for the significant repairs which were necessary Mr Kapua had to move out of the tenancy. The landlord gave rent relief and have provided petrol and food vouchers for the period during which he was unable to live at the tenancy.

Mr Kapua has brought claims for damage to his possessions inside the flat pieces were affected by the water damage. He says that when the worst of the damage was mould to furniture, clothes, his bed base and mattress, and bedding.

When the worst of the leaks occurred during heavy rain Mr Kapua had been away over 4 days. When he returned, he says he found that the items in the bedroom had been affected by both the initially and by mould which had arisen from them being in a damp and warm environment. He disposed of a number of these items as he was unsure what else to do.

He claims the following damages: a. replacement of the bed$3,000 b. bedding (sheets, pillows, and a duvet)$ 337 c. clothing$ 500 d. bedroom drawers$ 499 Total$4,336

He says he obtained the bed second-hand in April 2024, other bedding and furniture items were new at the start of tenancy. He did not have an itemised list of the clothing but had estimated based on the items damaged which were all his clothes apart from those which were in the wash house at the time.

The landlord challenges the extent of damage claimed by Mr Kapua occurred. The tenancy manager gave evidence that when she visited the tenancy on 16 September 2024, she did not see any damage to property. She says that the tenancy was sparsely furnished, that Mr Kapua had property in the second bedroom which was unaffected by the leaks, and that he appeared to be sleeping in this room. She referred to seeing the bed base in the lounge.

I note that: a. the water ingress was significant and was ongoing for a period of over 10 weeks before the property manager visited. b. Mr Kapua’s evidence was that he was using the bedroom affected by the leak, but moved to avoid sleeping in a damp room; c. the property manager mentioned the bed base being in the lounge, along with bedside tables, this is consistent with moving bedroom furniture out of the affected bedroom. d. Mr Kapua’s evidence as to obtaining the drawers and bedclothes at start of the tenancy is consistent with the information available to me. e. While the $500 attributed to the clothes is an estimate, I consider it low if anything, but I accept the figure provided by Mr Kapua.

The landlord has obligations under section 45(1)(bb) of the Residential Tenancies Act 1986 (RTA), which requires compliance with the Residential Tenancies (Healthy Homes Standards) 2019 (HHS). The moisture ingress and drainage standard requires that buildings comprising residential tenancies must have efficient systems to drain storm water, surface water and ground water, and that includes gutters, downpipes and drains. The Standard requires a ground moisture barrier when there is an enclosed subfloor space. Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A).

The applicant has to prove on the balance of probabilities that the respondent caused their loss, and also the amount of their loss. Where the Tribunal is satisfied that the applicant has suffered real loss, but the amount of the loss is speculative or the supporting evidence is negligible, it must nevertheless determine an appropriate figure as best it can on whatever evidence is available. In this case Mr Kapua has failed to produce comprehensive evidence of his loss, particularly to the largest single item he claims is damaged the bed. In such cases the Tribunal should take a cautious approach when determining whether the amount claimed is proved or whether a lesser amount should be awarded.

I accept that Mr Kapua suffered loss, and the landlord was in technical breach of its obligations under the HHS. Therefore, the landlord is liable to pay compensation to Mr Kapua. I accept the evidence for the bedding, clothing and draws. There is evidence that the bed base was still usable after the leak, and I have no evidence on which to assess the damage to the mattress. My own search suggests that in the spring queen size mattresses are available between $299 and $799. The mattress was second-hand when obtained by Mr Kapua and I’m had no evidence as to its age. I consider that I need to assign some value to Mr Kapua’s loss. Considering the evidence, I apportion $200 to this loss. In total I award Mr Kapua $1536 as calculated on the table at the top of this decision.

Reasons

Claims and awards in Tenancy Tribunal application 5012451 — net $1,536.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation clothes	$500.00	Compensation clothes
Compensation bedding	$337.00	Compensation bedding
Compensation drawers	$499.00	Compensation drawers
Compensation bed	$200.00	Compensation bed
Net award	$1,536.00
Total payable by Landlord to Tenant	$1,536.00

He claims the following damages: a. replacement of the bed$3,000 b. bedding (sheets, pillows, and a duvet)$ 337 c. clothing$ 500 d. bedroom drawers$ 499 Total$4,336

Tenancy Tribunal case 5012451 — Tenancy dispute at 7A Black Rock Road, Newlands, Wellington 6037

At a glance

Tenancy Tribunal case 5012451 — Tenancy dispute at 7A Black Rock Road, Newlands, Wellington 6037

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions