Cases

Question 1

Residential Tenancy Case: Who was Involved and Where?

Answer 1

Xiao & Zhao vs Shiyu Dong -
Glenfield, Auckland

Question 2

Residential Tenancy Case: Key Issue?

Answer 2

Severe mould and dampness made the rental property uninhabitable. The landlord neglected necessary maintenance, causing health issues for the tenants (cold and rashes).

Question 3

Residential Tenancy Case: Outcome?

Answer 3

The Tenancy Tribunal awarded the tenants $9,904 in compensation for living in poor conditions and extra damages for no insulation, no front door key, and incorrect water charges.

Question 4

Residential Tenancy Case: Takeaway

Answer 4

Landlords must maintain healthy living standards (e.g., addressing mould) to avoid tenant health risks and legal action.

Question 5

Commercial Rent Arrears Case: Who was Involved?

Answer 5

WestCity NZ Pty v Yu

Question 6

Commercial Rent Arrears Case: Key Issue?

Answer 6

The tenant fell into rent arrears, and the lease was cancelled after 5 months of unpaid rent. The tenant claimed that a new lease existed, but had no proof.

Question 7

Commercial Rent Arrears Case: Outcome?

Answer 7

The court rejected the tenant’s claims and upheld the original lease. The tenant was ordered to pay $69,153.23 in unpaid rent, plus additional costs for restoration.

Question 8

Commercial Rent Arrears Case: Takeaway?

Answer 8

Lease enforcement is strict, and tenants cannot avoid obligations without clear, written agreements. Courts uphold lease terms, including rent arrears and termination clauses.

Question 9

Disasters Case: Who was Involved?

Answer 9

Whirlpool & Rameko v Dixon

Question 10

Disasters Case: Key Issue?

Answer 10

The tenants rented a Christchurch house with over $100,000 in earthquake damage. The landlord failed to make repairs due to financial difficulties, and the tenants sought compensation for the poor living conditions.

Question 11

Disasters Case: Outcome?

Answer 11

The Tribunal awarded $4,000 to the tenants, noting that the landlord’s financial struggles did not excuse neglecting repairs.

Question 12

Disasters Case: Takeaway?

Answer 12

Landlords cannot delay necessary repairs even in financial hardship. Tenants can seek compensation for poor living conditions, especially after natural disasters.

Question 13

Commercial Seismic Case: Who was Involved?

Answer 13

Oyster Group v MSC Consulting

Question 14

Commercial Seismic Case: Key Issue?

Answer 14

The seismic strength of an Albany building was rated below 20% NBS by Beca, prompting the tenant (ANZ) to vacate. Oyster Group sued MSC for negligence, claiming losses from ANZ’s departure and seismic upgrade costs.

Question 15

Commercial Seismic Case: Outcome?

Answer 15

The court ruled that the claim was too late under the Building Act 2004’s 10-year limitation period, dismissing Oyster’s negligence claim.

Question 16

Commercial Seismic Case: Takeaway?

Answer 16

Seismic assessments and compliance with NBS standards are critical for tenant retention. Timing matters when filing claims under the Building Act.