What was the outcome of Tenancy Tribunal case 5016954?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5016954?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5016954?

The primary dispute was Mould & damp. Related themes: State of repair, Exemplary damages.

Where can I read the official tribunal order for case 5016954?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11325722-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5016954?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5016954?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5016954?

The primary dispute was Mould & damp. Related themes: State of repair, Exemplary damages.

Where can I read the official tribunal order for case 5016954?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11325722-Tenancy_Tribunal_Order.pdf.

20 Heretaunga Crescent, Cable Bay 0420 Tenancy Tribunal Case 5016954 — Mould & damp

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Reasons

Background

The tenancy began on 30 June 2020.

On 25 September 2023, the landlord gave notice to terminate the tenancy on 24 December 2023. The stated grounds for termination was that the landlord intended to carry out extensive repairs / renovations.

The tenancy ended on 26 December 2023.

The tenants’ application seeks compensation / exemplary damages on the grounds that the termination was unlawful. The application also raises maintenance issues.

The hearing took place at the Kaitaia Court on 20 January 2025. Both parties attended the hearing. Mr Hunter represented Haze Real Estate. Termination

A landlord may terminate a tenancy by giving 90-days’ notice if the landlord intends to carry out “extensive alterations, refurbishment, repairs or redevelopment of the premises” and: a. It would not be reasonably practicable for the tenant to remain in occupation while the work is undertaken; and b. The work is to begin within 90-days after the termination date. 1

The tenants said that: a. The condition of the bathroom ceiling deteriorated in 2022 and 2023. b. They raised this issue with Mr Hunter several times over the course of many months (usually at inspections). c. Mr Hunter carried out another inspection in September 2023. At that inspection, they told Mr Hunter that the bathroom ceiling really needed to be addressed. Soon after that, they received the termination notice. d. Mr Hunter had previously mentioned that the owners might want to take the property back at some point for use as a holiday home.

Mr & Mrs Clemo said that: a. They were aware that painting the bathroom ceiling would be a time consuming and difficult job because the ceiling had to dry out thoroughly before it could be ‘scraped back’ and painted. b. When it became apparent that this job had to be done, they decided to paint all of the interior of the house at the same time, and to carry out other jobs such as tidying up the gardens. c. They wanted to do the work themselves. They live in Auckland so the job would be done slowly during weekends and holidays. d. The work could not be done with a tenant in situ.

It is an unlawful act for a landlord to give notice to terminate a tenancy knowing that they do not have grounds. 2 Exemplary damages of up to $6,500 can apply.

I understand why the tenants were suspicious of the motivation for the termination notice, given that it came so soon after the September inspection and it proposed termination of their tenancy on Christmas Eve. The tenants suspected that it was not a carefully considered plan to do refurbishment / repairs, but a reflex decision to ‘get them out as soon as possible’.

However, the owners have provided evidence to show that after the tenants vacated, they carried out the work that they said they were going to do. The 1 Section 51(2)(f) Residential Tenancies Act 1986 (“RTA”) 2 Section 60AA RTA work began in early January 2024 and at the date of hearing (20 January 2025) it is nearly complete. The property has been vacant since the tenants left. Mr & Mrs Clemo provided photographs showing the work in progress.

I am satisfied that the scope of work done by the landlord is “extensive” and that the work could not have practically been done with the tenants in situ.

Therefore I find that the termination was not unlawful, and there is no basis for an award of exemplary damages or compensation. Maintenance

Landlords must provide and maintain the premises in a reasonable state of repair, having regard to the age and character of the premises. 3

The tenants raised two maintenance issues: a. The bathroom ceiling; and b. Mould development on the kitchen windowsill.

The paint on the bathroom ceiling was cracking and flaking.

Mr Hunter said that he noted this on his first inspection of the premises in September 2022.

The tenants said that they had pointed it out to the owners in early 2021 (when the cracking / flaking was relatively minor), but Mr & Mrs Clemo could not recall this.

Mr Hunter obtained a quote for repairing and painting the ceiling in or around January 2023. It is unclear whether he passed this on to the owners. He involved another tradesperson in mid-2023. He could not recall whether that person gave him a verbal quote. He involved a third tradesperson in September 2023 and obtained a detailed written quote from that person, which he forwarded on to the owners.

The landlord’s maintenance duty can be summarised as a duty to take prompt and appropriate steps in response to any maintenance issue raised by the tenant. The Tenancy Tribunal can award damages (exemplary damages and / or compensation) to the tenant if the landlord fails to take prompt and appropriate steps, but also if there is a “property problem” that is serious and persistent enough to impact upon the tenant’s use and enjoyment of the premises. 3 Section 45(1)(b) RTA

The tenants’ photographs from January 2023 and December 2023 show that the ceiling was unsightly. It seems to have deteriorated rapidly in 2022 / 2023. I accept Mr Hunter’s statement that the problem is essentially aesthetic.

Mr Hunter acted acceptably promptly to get a tradesperson involved in early 2023.

It seems that the issue then fell into a bit of a ‘black hole’, and there was not much action until September 2023. In hindsight this was an unfortunate, and unnecessarily long delay.

However, it is difficult to argue that the tenants were disadvantaged by this delay, given that the resolution of the bathroom ceiling problem ultimately involved the termination of their tenancy.

Having regard to this, and to the fact that the problem was aesthetic and did not impact upon the tenants’ use and enjoyment of the premises, my finding is that there is no basis for an award of damages (exemplary damages or compensation) in respect of this issue.

Mould began to develop on the kitchen windowsill in 2023. The mould came through from underneath the paint, indicating that there was inadequate preparation the last time that the windowsill was painted.

This issue is similar, but more minor, than the bathroom ceiling issue. It was not resolved before the end of the tenancy, but it is not significant enough to warrant an award of damages. Outcome

For the reasons given above my finding is that there is no basis for an award of damages in respect of either of the two issues raised in the application, and therefore the application must be dismissed.

Reasons

Background

The tenancy began on 30 June 2020.

The tenancy ended on 26 December 2023.

The tenants’ application seeks compensation / exemplary damages on the grounds that the termination was unlawful. The application also raises maintenance issues.

The hearing took place at the Kaitaia Court on 20 January 2025. Both parties attended the hearing. Mr Hunter represented Haze Real Estate. Termination

It is an unlawful act for a landlord to give notice to terminate a tenancy knowing that they do not have grounds. 2 Exemplary damages of up to $6,500 can apply.

I am satisfied that the scope of work done by the landlord is “extensive” and that the work could not have practically been done with the tenants in situ.

Therefore I find that the termination was not unlawful, and there is no basis for an award of exemplary damages or compensation. Maintenance

Landlords must provide and maintain the premises in a reasonable state of repair, having regard to the age and character of the premises. 3

The tenants raised two maintenance issues: a. The bathroom ceiling; and b. Mould development on the kitchen windowsill.

The paint on the bathroom ceiling was cracking and flaking.

Mr Hunter said that he noted this on his first inspection of the premises in September 2022.

The tenants said that they had pointed it out to the owners in early 2021 (when the cracking / flaking was relatively minor), but Mr & Mrs Clemo could not recall this.

Mr Hunter acted acceptably promptly to get a tradesperson involved in early 2023.

It seems that the issue then fell into a bit of a ‘black hole’, and there was not much action until September 2023. In hindsight this was an unfortunate, and unnecessarily long delay.

However, it is difficult to argue that the tenants were disadvantaged by this delay, given that the resolution of the bathroom ceiling problem ultimately involved the termination of their tenancy.

This issue is similar, but more minor, than the bathroom ceiling issue. It was not resolved before the end of the tenancy, but it is not significant enough to warrant an award of damages. Outcome

Tenancy Tribunal case 5016954 — Mould & damp at 20 Heretaunga Crescent, Cable Bay 0420

At a glance

Tenancy Tribunal case 5016954 — Mould & damp at 20 Heretaunga Crescent, Cable Bay 0420

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions