What was the outcome of Tenancy Tribunal case 5050489?

The tribunal order states: Iron Bridge Property Management (Auck) Limited As Agent For E. Guo Chante

How much money was awarded in case 5050489?

Compensation: Excess Electricity: $141.32 awarded to tenant; Compensation: General Compensation: $1,000.00 awarded to tenant; Compensation: Loss Of Use Of Room: $871.43 awarded to tenant; Filing Fee: $27.00 awarded to tenant; Rent Overpayment: $72.86 awarded to tenant

What type of tenancy dispute was case 5050489?

The dispute type was not classified.

Where can I read the official tribunal order for case 5050489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12081671-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5050489?

The tribunal order states: Iron Bridge Property Management (Auck) Limited As Agent For E. Guo Chante

How much money was awarded in case 5050489?

Compensation: Excess Electricity: $141.32 awarded to tenant; Compensation: General Compensation: $1,000.00 awarded to tenant; Compensation: Loss Of Use Of Room: $871.43 awarded to tenant; Filing Fee: $27.00 awarded to tenant; Rent Overpayment: $72.86 awarded to tenant

What type of tenancy dispute was case 5050489?

The dispute type was not classified.

Where can I read the official tribunal order for case 5050489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12081671-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 113 Lynwood Road, New Lynn, Auckland 0600 Tenancy Tribunal Case 5050489 — Tenancy dispute

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Reasons

Claims and awards in Tenancy Tribunal application 5050489 — net $2,112.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Rent overpayment	$72.86	Rent overpayment
Compensation: Excess electricity	$141.32	Excess electricity
Compensation: Loss of use of room	$871.43	Loss of use of room
Compensation: General compensation	$1,000.00	General compensation
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,112.61
Total payable by Landlord to Tenant	$2,112.61

Both parties attended the hearing on 16 May 2025. Background

The tenancy was from 1 June 2021 until 21 October 2024.

During the tenancy, there had been issues with pipes bursting at the premises.

On 28 June 2021, the hot water cylinder leaked. The hot water cylinder had to be replaced entirely. Commercial dryers and dehumidifiers were used to dry out the house over the course of three days. The tenant says that he was not compensated for the increased electricity consumption or the increased water bill due to the water leaks at the time.

On 15 August 2022, there was a leak in the pipes and 5 metres of piping was replaced by the landlord.

On 20 December 2022, there was a leak in the ceiling and water came through the ceiling light. Another 5 metres of piping was replaced as well as the pipe connector.

On 22 August 2024, it was discovered that the ceiling of a room had collapsed due to the pipe leaking in the ceiling. This was discovered during a routine inspection. As the room was being used as a storage, it was unclear since when the ceiling had been leaking. However, the tenant’s daughter was at the premises the week before and confirmed that the ceiling was intact then.

On 9 September 2024, there was a leak by the bathroom and the hot water cylinder cupboard. A plumber was sent out and the leak was repaired.

On 11 September 2024, another leak occurred. A plumber was sent out.

On 16 September 2024, the tenant was given 90 days to move out due to the premises having to be extensively renovated. The final date was to be 15 December 2024.

In early October 2024, the tenant informed the landlord that they were moving out earlier. The final inspection took place 15 October 2024. The tenant had dropped off the keys on 24 October 2024. The tenant’s claims

The tenant sought for the following: a. Reimbursement for the increased utility cost due to the water leaks and the operation of commercial dryers and dehumidifiers - $141.32. b. Compensation for the damages to the tenant’s personal belongings including clothes, shoes, two leather jackets, bed, bedding, cupboard - $1,710.00. c. Reduction of rent between 17 August 2024 to 21 October 2024 due to the collapsed ceiling in one of the bedrooms. Rent compensation of $1,602.86 based on $170.00 per week. d. Compensation for moving costs - $150.00. e. Compensation for the cost of hiring a truck and disposing of damaged property - $286.00. f. Compensation for the undue mental and physical stress experienced due to circumstances surrounding the tenancy - $5,000.00. The tenant had health issues and was unable to recover in the comfort of his own home due to ongoing dehumidifiers which he had to turn off at night to sleep. g. Refund of the filing fee - $27.00.

The tenant said that the landlord should have had qualified plumbers to come out and test the premises and plumbing to recommend for the entire piping to be replaced much earlier on. The tenant said that the water system was over 40 years old and that the pipes were beyond their useful lifespan. One of the pipes went over the centre of the room that ended up leaking and the design was wrong to begin with.

The landlord said that the tenant had been willing to stay on as a tenant by extending the tenancy each year. The landlord had previously encouraged the tenant to have contents insurance and that the tenant had also raised the possibility of moving out before the leak in August 2024.

The landlord said that the plumbers that had attended to the leaks were all qualified plumbers and that there were months or years in between the leaks.

The landlord said that the tenant was not given a chance to help the tenant out with emotional stress from the noise of the commercial fans or the dehumidifiers running through the night as he had never told the landlord about the issue.

In relation to the claims, the landlord did not dispute the need for compensation of $141.32 for the utility costs.

The landlord also confirmed that there was an overpayment of rent of $72.86.

Under section 45 of the Residential tenancies Act 1986 (“RTA”), a landlord must provide and maintain the premises in a reasonable state of repair.

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) and Schedule 1A RTA.

I find that the landlord had responded adequately to the leaks as they happened. The landlord had sent out qualified plumbers and acted on the professional advice given. There was no evidence that the landlord neglected on any advice given by the plumbers for the entire set up to be replaced.

Although it was an unfortunate deterioration of the piping, I do not find that it was due to the landlord’s failure to maintain the premises in a reasonable condition.

There is always a risk of damage to the tenant’s belongings in the premises and it is up to the tenant to have contents insurance for compensation from unforeseen damage.

If the issue was the landlord’s fault, there may be some room for compensation but in this case, I do not find that the landlord has failed in the landlord’s duties to maintain the premises. Therefore, I do not grant any compensation for the damaged items or associated disposal costs.

However, I do accept that the tenant needs to be reimbursed for the loss of use of the one of the three bedrooms that was being used as a storage at the time.

Both parties only discovered that the ceiling had collapsed in that room on 22 August 2024 during a routine inspection. The tenant had kept the door closed and did not know. There is nothing to prove that the room was unusable before that date.

I calculate $100.00 reduction per week being around 20 percent of the rent. For 8 weeks and 5 days of the room not being available, I order the tenant to compensate the tenant by a payment of $871.43.

I do not grant any extra moving costs as the landlord was entitled to terminate the tenancy for renovations.

However, I acknowledge the need for general compensation related to the loss of use of the premises due to the leak and drying issues whenever it leaked.

I agree with the landlord’s suggested compensation of $1,000.00. I order the landlord to pay this amount to the tenant.

Finally, because the tenant has substantially succeeded with the claim, I order the landlord to reimburse the tenant’s filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5050489 — net $2,112.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Rent overpayment	$72.86	Rent overpayment
Compensation: Excess electricity	$141.32	Excess electricity
Compensation: Loss of use of room	$871.43	Loss of use of room
Compensation: General compensation	$1,000.00	General compensation
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,112.61
Total payable by Landlord to Tenant	$2,112.61