What was Tenancy Tribunal case 4463765 about?

The tribunal order states: Angela Cai must pay [The tenant/s] $15,722.20 immediately, calculated as shown

How much money was awarded in case 4463765?

Compensation: Failure to Maintain- r…: $7,401.76 awarded to tenant; Property Damage: $2,200.00 awarded to tenant; Property Damage: $200.00 awarded to tenant; Property Damage: $5,000.00 awarded to tenant; Property Damage: $900.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4463765?

The primary dispute was State of repair. Related themes: Exemplary damages, Healthy homes.

Where can I read the official tribunal order for case 4463765?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9977139-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4463765 about?

The tribunal order states: Angela Cai must pay [The tenant/s] $15,722.20 immediately, calculated as shown

How much money was awarded in case 4463765?

Compensation: Failure to Maintain- r…: $7,401.76 awarded to tenant; Property Damage: $2,200.00 awarded to tenant; Property Damage: $200.00 awarded to tenant; Property Damage: $5,000.00 awarded to tenant; Property Damage: $900.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4463765?

The primary dispute was State of repair. Related themes: Exemplary damages, Healthy homes.

Where can I read the official tribunal order for case 4463765?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9977139-Tribunal_Order_Redacted.pdf.

23 Parramatta Place, Botany Downs, Auckland 2010 Tenancy Tribunal Case 4463765 — State of repair

Claims and awards in Tenancy Tribunal application 4463765 — net $15,722.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Failure to Maintain- rent abatement	$7,401.76	Failure to Maintain- rent abatement
Exemplary damages: Failure to Maintain	$5,000.00	Failure to Maintain
Exemplary damages: Breach of Quiet Enjoyment	$2,200.00	Breach of Quiet Enjoyment
Exemplary damages: Making a false or misleading statement - s13 (1F	$900.00	Making a false or misleading statement - s13 (1F
Exemplary damages: Failing to provide a HHS within 21 days of request	$200.00	Failing to provide a HHS within 21 days of request
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$15,722.20
Total payable by Landlord to Tenant	$15,722.20

Claims and awards in Tenancy Tribunal application 4463765 — net $15,722.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Failure to Maintain- rent abatement	$7,401.76	Failure to Maintain- rent abatement
Exemplary damages: Failure to Maintain	$5,000.00	Failure to Maintain
Exemplary damages: Breach of Quiet Enjoyment	$2,200.00	Breach of Quiet Enjoyment
Exemplary damages: Making a false or misleading statement - s13 (1F	$900.00	Making a false or misleading statement - s13 (1F
Exemplary damages: Failing to provide a HHS within 21 days of request	$200.00	Failing to provide a HHS within 21 days of request
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$15,722.20
Total payable by Landlord to Tenant	$15,722.20

Order

Angela Cai must pay [The tenant/s] $15,722.20 immediately, calculated as shown in table below:
The landlord’s claims are dismissed.
The tenant’s claim for breaches of smoke alarms and pest control are not proven and therefore dismissed.

Reasons

I heard this matter in two parts on July 2023 (see order of 1 August 2023) and on the 22 January 2024.
The landlord attended the first hearing but did not attend the hearing on the 22 January 2024. She had sought an adjournment some time before the hearing on the basis of both ill health and childcare issues, but as the hearing had already been delayed, the adjournment was not granted.
The tenant and his mother attended both hearings.
There has been extensive evidence filed in respect of this claim, and I confirm that I have reviewed all the evidence and submissions filed by both parties before completing my decision. Background
The tenancy began on the 19 November 2021 after Ms Cai purchased the property.
The property is 3-bedroom brick family home. It has an extensive patio/outside area and all the bedrooms and living areas open up to the patio area.
At the beginning of the tenancy the landlord managed the property herself, however after a dispute with the tenants arose after the first leak in May 2022 she appointed property managers. I summonsed the three property managers from different agencies who managed the property.
[Property Manager 1] from [Property Management Company 1] wrote to the Tribunal confirming that the agency agreement was cancelled before it began and therefore she had no knowledge and therefore no evidence regarding the property.
[Property Manager 2], from [Property Management Company 2] who was the manager from July 2022 to March 2023, was away on holiday and could not attend, however she provided the Tribunal with all documents in her possession that related to the property.
[Property Manager 3] who was the manager from March 2023 to May 2023 did not attend the hearing. The claims
The tenant has made the following claims: 1 1 The date of the application was 14 April 2023. a) That the landlord failed to repair and maintain the property, in respect of flooding and leaks on the 17 January 2022, 26 February 2022 (Hot water cupboard) July 2022 (Garage), bathroom and hallway (2023). b) That the landlord failed to provide the property with sufficient smoke alarms. (Continuing breach from 19 November 2021 to 18 April 2023). c) That the landlord failed to provide a secure property as the ranch sliders and window latches were broken. d) That the heat pump has not worked since December 2022. e) That the landlord has failed to provide any pest control and there is an infestation of cockroaches and whitetails. f) That the landlord failed to repair defects or inadequate gutters at the property allowing rain to flow inside (leaking) and gutters to overflow when raining. g) Breaches of Healthy Homes Standards, water ingress, insulation breach, ventilation breach of heating standard. h) That the landlord has breached the tenant’s quiet enjoyment of the property. i) That the landlord has failed to provide a healthy homes statement and or the healthy homes statement that has been provided is incorrect or false.
The tenant seeks compensation in the form of a rent abatement, compensation for damaged belongings as a result of the leaks and exemplary damages.
The landlord has claimed that tenant owes rent arrears. Failure to maintain.
Section 45(1)(b) of the RTA provides: The landlord shall provide and maintain the premises in a reasonable state of repair having regard to the age and character of the premises and the period during which the premises are likely to remain habitable and available for residential purposes. The first leak.
It is not disputed that on the 17 January 2022, an apprentice electrician who was working in the roof space installing a fan in the bathroom accidently hit a water main causing it to burst. There was a delay in being able to turn the water off at the mains until pliers could be found, and as a result the roof cavity, particularly where the point of the leak became saturated. The tenant advised the landlord of the problem immediately.
Both bathrooms in the home and the master bedroom wardrobe and hallway were damaged.
As a result of that the tenants’ towels (about 20) were used to clean up the leak, and as the water was contaminated with fibreglass from the insulation, the towels and the tenants bedding which had been water damaged could no longer be used and had to be thrown away. The tenant had a brand-new hair straightener which he had paid $700 for that was plugged into the wall socket at the time and was also damaged beyond repair. The first leak was an unexpected event which the landlord is not responsible for, therefore the tenant is not entitled to be paid by the landlord for the towels and the hair straightener as those were damaged in the unexpected event not as a result of the landlord’s failure to repair the damage.
The tenant claims that the landlord breached the RTA by not repairing the damage caused by this leak within a reasonable time.
As a result of the first leak the tenant had no power to one end of the house (2x bathrooms, master bedroom and hallway). The second leak- the hot water cupboard.
There was another leak discovered by the tenant in the hot water cupboard on the 27 February 2022. Both parties suspect that the leak has been there since the first leak in January but had not been detected.
The leak in the hot water cupboard was detected when the tenant found the carpet wet and noticed bulging in the walls. The tenant’s belongings in the cupboard were damaged with mould, and the shelves, walls and carpets were wet.
The landlord and the electrical company whose employee caused the initial damage dealt with each other over who would be liable for the damage caused by both leaks. The tenant was copied into most correspondence.
The landlord made a claim to her insurers for the damage. The electrical company who caused the burst water pipe paid the excess. The tenant dealt with the insurers. The delay in repair was initially as a result of the insurance company carrying out and assessment and organising the repairs but on the 20 April the insurers advised the tenant that the work would begin on the 5 May 2022.
However, on the day before the work was to have started (4 May 2022) the landlord agreed to take a lump sum pay out from the insurance company and complete repairs herself. The landlord says she did this because she could get the repair work completed quicker than the insurance company could.
The tenant says that the only work that the landlord did was to replace light fittings in both bathrooms, and a power point that had been water damaged. The tenant says that the landlord received compensation from her insurers for the scope of works which included replacing gib board, insulation, electrical fittings, vanities and fittings, painting and plumbing work. The tenant says that the landlord has had the benefit of the claimed amount without fixing the damage.
The tenant says that he has incurred the following losses as a result of the leaks and the failure to repair in a timely manner: -He has had to clean up the mess caused by both leaks, -He has had to replace items ruined by the leaks -He has paid for rug doctors and drying equipment. -He had no power to one end of the house for six months -He had to deal with the landlord’s insurers and electrics company. -He took time off work to assist tradesmen to look at the work (insurers). -He had numerous people inside his house for the period January to May 2022, which was disruptive and stressful.
The tenant says that the insulation was that was wet has never been replaced, and that a tradesman who has been the ceiling since the events have told him that the insulation is wet and there is a strong smell of mould in the ceiling. The tenant says that the gib and vanities are ‘warped’ from having been wet and that the bathroom smells musty and mouldy.
The wet shelves in the hot water cupboard have not been replaced. The tenant says that mould grows on his master wardrobe ceiling and that he has notified the landlord and her agents about this. The tenant says that when he goes to retrieve items of clothing in the wardrobe he has not worn for a while he finds mould on them.
The tenant says that he was unable to use the main bathroom since the floods because, first it had no power and secondly because the landlord did not replace the wet ceiling or walls and he did not trust that the electrics had been connected correctly 2 and was concerned about using them. The leak in the main bathroom – 2023.
The tenants concern regarding poor work in the main bathroom came to fruition on the 21 May 2023 when the tenant discovered another leak of water coming in through the light fittings in the bathroom after noticing that the door was wet and the carpet in the hallway. As the landlord appeared reluctant to have this work completed quickly (accusing the tenant of making a false complaint) the tenant had the work repaired himself. 2 The tenant was also concerned about whether the person who had done the electrical work was qualified to do that work. The garage ceiling leak.
On the 25 July 2022 the was a water pipe leak in the garage ceiling, the leaking required immediate attention. The landlord did not get the leak fixed for three days, and after fixing the leak the landlord did not repair the holes and warping in the ceiling. The leaks in the baby’s room.
Shortly after moving into the property the tenant notified the landlord that water came into the property whenever there was moderate or heavy rain as the gutters would overflow. Water flows directly through the joinery into the tenant’s daughters’ room and the office room, soaking carpet and wetting joinery, gib and curtains. Despite the landlord being notified of the problem on numerous occasions (the tenant says in correspondence that this was notified 20x), the problem is not fixed. The landlord installed an additional downpipe in May 2023, which has alleviated the problem but not fixed it.
It was also was noted in the December 2022 and March 2023 inspection reports completed by Ms Cai’s property manager at that time that the gutters needed attention.
The tenant says he cannot have any furniture near the windows, he has to mop out the water when it comes in and has to dry the carpet, using fans. He says that he runs a dehumidifier most days during the year, but this may drop down to 1-2 days per week in summer. He says that when it rains his daughter has to sleep with him as he does not want to leave her in a damp room. Analysis
The tenant provided evidence of all the leaks. The tenant’s videos and photographs show extensive and pervasive leaking which should have been investigated without delay and repaired immediately. The tenant says that the plumbers have told him that apart from the first leak (which was caused by the electrician kicking the water main) that the pipes are old, and subject to sudden failure, which caused all the other leaks in the ceiling.
The tenant also believes that the overflowing guttering issue is likely to be a design issue exacerbated when the pergola was affixed to the property. In other words that the volume of guttering/ downpipes is not sufficient for the surface area of the roof in heavy rain. This would appear correct as even on moderate rain showers the gutters overflow and water runs into the daughter’s bedroom.
The tenant and the former property manager provided me with copies of all the correspondence between the tenant and the landlord, the tenant has repeatedly told the landlord of the issues and the landlord often dismisses, deflects or delays the tenant’s concerns and the need for repairs.
I am satisfied that the landlord breached s45 (1)(b) by not repairing leaks and damage caused by leaks withing a reasonable time frame and not maintaining the property to a reasonable standard (guttering). The heatpumps
In December 2022 the tenant brought to the landlord’s attention that the heatpumps were not working, and that when turned on they dripped water constantly. Despite notifying the landlord in December 2022, the heat pumps were not fixed until May 2023.
I am satisfied that the landlord failed to repair the heatpumps in a timely fashion and beached s45(1)(b). Latches on the window sills.
The tenant notified that the landlord in December 2022 that some of the window latches were broken. The tenant says “No window latches still in ensuite, wedged partially closed with scissors’ it gets hotter it would nice to open these for ventilation.” In the landlord’s property inspection of July 2022, December 2022 and March 2023, the issues with the window latches were noted by the property manager and a copy of the inspection report sent to the landlord.
It was not until May 2023 that the window latches throughout the property were fixed.
I am satisfied that the landlord failed to repair the broken window latches within a reasonable time and therefore breached s 45(1)(b) RTA.

What is the remedy?

It is fair to say that the landlord’s attitude appears to be that she will only pay for items, after she has deemed it necessary that they need fixing. She treats all complaints from the tenant with a degree of scepticism. If the landlord did repair items, it was only to extent that it was necessary to fix the immediate problem (such as fixing the leak) but not the damage caused by the leak. [Property Manager 2] wrote in her report to the Tribunal, that as property manager they did not have authority to spend any money on the property.
The following exchanges are good examples of Ms Cai’s approach to dealing with maintenance issues.
On the 20 December 2022 the tenant emailed [Property Manager 2], the property manager who Ms Cai had appointed and whom the tenant worked well with, with a list of outstanding concerns. Afternoon [Property Manager 2] Hope all is well what a year it's been. Looking forward to Christmas. Sorry I forget the guys name that came for the inspection, just wanted to confirm he made note of the few things I mentioned. No window latches still in ensuite, wedged partially closed with scissors. As it gets hotter would be nice to open these for ventilation Water still coming inside baby’s room during med/heavy rain from the gutter issue. The roofers that assessed the roof few months back told Angela water will continue to come inside. They said it's bit more than work they would take on. Dampness smell master bedroom - running dehumidifier 1-2 days per week Note carpet at front door area showing signs of wear. It's only just myself living here so I avoid that area best I can. Due to height of door a rug wouldn't work. But just to note. Insurance work for the 3 flooding Incidents/areas of flooding which happened prior to you taking management yet to be carried out. Both bathrooms & Master bedroom wardrobe. Insurance had [Builders] booked to replace GIB wall panels affected and the sagging ceilings to both bathrooms. Both vanities were to be replaced in their scope of works. Old Insulation is rotting especially above hot water cupboard. Hall cupboard was planned lo be assessed during initial works (A) Garage ceiling which was most recent assessed by [Builders] yet to be done. Angela and insurance said work would take approximately 2 weeks for work to be completed to area (a) She also said I wouldn't be able to stay at address for this time but insurance were happy to work around and seal off one bathroom at a time. White tail spiders are still showing up. I've spent $80 doing bombs around the place which Angela should reimburse and I believe should have the place exterminated properly. One thing I forgot to bring up with him was the heat pumps Having some trouble with strangely both heat pumps at my place. One is excessively dripping water inside and, on my TV, (possibly drain blockage) and other doesn't seem to be cooling at all and Displaying a red light. [Property Manager 2] passed that email onto Ms Cai for her comments. Ms Cai responded to [Property Manager 2] as follows the same day. Hi [Property Manager 2], Please ignore my previous email about rd rent increase to $850 per week Give another thought, I would like to increase to $1000 per week instead of $850 per week for 23 Parramatta place. Regarding the heat pump , I have old one at my place , this Happened to me before , tell [The tenant/s] that can not turn to 18 or 19 degree straight away once he turns on the heat pump if the weather is too hot, he should have turned to 23 degree first and then reduce lo 20 degree and then maybe 19 degree after 10 mins, this is my experience . I think he needs find a brand new house to rent , as 23 is too old for him . [Property Manager 2] refused to increase the rent and advised Ms Cai that she wished to cancel the property management agreement saying “(I) pride myself working with landlords that not only want to abide by the Residential Tenancies Act but also want to maintain their home” Ms Cai responded “Hi [Property Manager 2] Give another thought. Could u please give notice to [The tenant/s] after Christmas to move out?

And we can do some maintenance as you suggested?

And you can find a good tenant for us, I think this will be easier for both of you and me. How do you think?” [Property Manager 2] correctly told Ms Cai she could not simply give [The tenant/s] a notice to leave as landlord’s were not able to give notices to terminate for no reason.

Another example is in correspondence between Ms Cai and the tenant regarding the gutters leaking in the baby’s room in July 2022 Ms Cai’s response is: “Look like you are not happy with this house- so I am ok if you give me notice to move out sooner and find a good home for yourself. I will do full repair after you move out. So how long you need to move out?”
The tenant did not want to move out. He liked the house, but just wanted these items repaired so that he could live in a warm dry well-ventilated home. Compensation awarded
Compensation should restore a party to the position that they would have been in had a breach not occurred.
The tenant says that the landlord agreed to a 50% rent abatement from the date of the first leak in January 2022 to the date of repair. He says that as the repairs to the insulation and the gib have not been carried out and taking into account the time he has spent dealing with all of the leaking and other issues then he should be given half rent until date of hearing. He also seeks that cost of replacement items lost as a result of the leaks.
The landlord disputes agreeing to a 50% rent reduction, she has counterclaimed for rent arrears totalling $3,660.73, this is because in the period 11 March 2022 to 6 May 2022 the tenant paid half rent.
Having considered all the evidence, I award the tenant the sum of $7,401.76 in compensation for these breaches.
This sum is made up as follows: a. a 50 % rent abatement from 17 January to 6 May, Rent @$750.00 per week for this period =$11,785.71. The tenant is liable for only half $5,892.85. The tenant has already deducted $3,660.73 meaning that the landlord owes the tenant $2,232.12 I consider this reasonable considering the extent of the damage, and the loss of amenity. This amount also takes into account the leaks from the guttering over this period. b. A 12.5% rent abatement for the period 7 May 2022 to 27 May 2023 = $5,169.6; this takes into account the loss of amenity caused by leaks in the baby’s room, the leaks in the garage which the tenant had to deal with for 3 days. The damage to the ceiling walls, which meant the tenant could not fully use the garage and the ongoing damage to the property (including wet insulation, gib board and not being ablet to safely use the main bathroom) from the first flooding that remains unfixed and power costs for running dehumidifiers and dryers. Exemplary damages for breaches of s45(1)(b).
Having found that the landlord beached its obligations in respect of the s45(1)(b) 45 (1ca) and 45 (1) (c) Breaching these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00 (see s 45(1A) and Schedule 1A RTA).
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
I am satisfied that the landlord acted intentionally and wilfully by refusing to repair the damage caused by the first leak. The landlord has received an insurance pay out based on a scope of work for remediation that she has not completed, she has in essence pocketed the money, whilst the tenant continues to live with the damage. She has not fixed the guttering and roofing and she takes a considerable period of time to fix even the most basic of items. She puts obstacles in the way to delay the repair of items, such as wanted to personally view the damage before sending tradespeople and she engages in long and in my view, unnecessary arguments and correspondence with the tenant over even the smallest requests.
Parliament has made it clear that tenants should expect to live in warm, dry and well-ventilated homes, especially when there are young children living at the property.
Taking into account the public interest, the nature and extent of the breaches, and the inordinate amount of time and stress that the tenant had to spend dealing with these issues, the fact that the landlord owns a number of residential tenancies and that she was warned by her property manager in August 2022 that she need to ensure compliance with her obligations of repair, not just at this property but another property she owned, or face fines from the Tribunal I consider that an award at the upper level of the scale to be appropriate and I award the tenant $5000.00 in exemplary damages for this breach. Did the landlord breach the tenant’s quiet enjoyment?
The tenant says that the landlord has breached his quiet enjoyment of the property in several ways: a) Blocking the driveway of his former partner in May 2022 preventing her from leaving the property. b) Coming to the property on multiple occasions and insisting that she be allowed into the property despite not having given notice. c) Coming to the property and yelling at him May 2023. d) Threatening him with eviction or a bad reference.
Section 38 of the RTA provides that the landlord must not interfere with the reasonable peace, comfort, or privacy of the tenant in the use of the premises by the tenant. A landlord commits an unlawful act if they breach the tenant’s quiet enjoyment in circumstances that amount to harassment. Harassment means "to trouble, worry or distress".
Breaching this obligation in circumstances that amount to harassment is an unlawful act for which exemplary damages may be awarded up to a maximum of $3,000.00 See section 38(3) and Schedule 1A RTA.
A single act can be harassment “Although the term usually refers to repeated acts of some kind, I take the view that it can extend to a single act on one occasion of sufficient seriousness." Whatiura v Shoulder [1987] NZTT 12 Palmerston North.
I have read the correspondence between the parties and watched video footage taken by the tenants’ surveillance cameras. The video footage in particular of a visit by the landlord to the property in May 2023 is distressing. The landlord’s behaviour is shocking and well below the standard expected of a landlord, let alone one who has professional job as a real estate agent.
In the video the landlord has come to the property with another person, she wants to come in and look at work that the tenant has said needs repair. She has not given notice, she stands on the doorway screaming at the tenant. The tenant calmly asks her to leave, she does not, she continues to scream and shout at him. During the interaction, the tenant’s two-year-old daughter was present, and the tenant tells me she was hiding behind him, in the footage the two-year-old can be heard becoming very distressed and upset by Ms Cai’s outburst. Eventually Ms Cai leaves. 3 Ms Cai’s message to the tenant was that this was her house, and she could tell him to do what she wanted, Ms Cai’s tone and message was belittling and derogatory. Ms Cai also threatens the tenant with a bad reference. It showed a complete disregard for the tenant’s rights and a lack of insight into her own behaviour.
The Tribunal is often given evidence of landlords and tenants who become upset with each other, but it is rare to see and hear behaviour like that of the landlord captured on video. In over five years in the Tribunal, it is one of the most shocking and disturbing pieces of evidence that I have seen or heard.
On another occasion when the tenant complained about work needing to be done the landlord raised an issue about the tenant’s sister, the correspondence implies that the landlord works with someone who manages the tenant’s sister’s employment or tenancy and that she will tell them about the tenant. The implication being that the tenant’s sister’s employment or tenancy could be jeopardy if the tenant continued to complain to the Tribunal.
In or about the11 May 2022 the tenant’s partner who was living at the house at that time, went to leave the property. This was at the time when the tenants had stopped paying full rent because of the work not being done from the first leak. The landlord had sought to have an inspection that day, but the tenant’s had asked them not to as it was the tenant’s birthday. The tenant agreed that they could attend the following day. Despite this the landlord came to the property and parked in the driveway behind the tenant’s partner. The tenant’s partner wanted to leave but the landlord would not let her out, she shouted at her and when the tenant’s mother came over, the landlord shouted at her as well. The Police were called and the landlord left.
I am satisfied that the landlord breached the tenant’s quiet enjoyment in May 2023 when she screamed at the tenant on his doorstep, in May 2022 when she yelled at the tenant’s partner and prevented her from leaving the property. I am also satisfied that the landlord engaged in conduct, like being present at the property 3 The tenant tells me that Ms Cai sat in her vehicle outside for a considerable time before going approximately 45 minutes. whilst a tradesman carried out work on a heat pump for a whole day that was designed to trouble, worry and wear out the tenant.
The tenant told me at the hearing he felt bullied. Having considered the nature of the breaches, the effect on the tenant who was stressed and worn out, the effect on the tenant’s young daughter who was clearly distressed and frightened in the May 2023 incident and the public interest, I award the tenant $2200.00 in exemplary damages for this breach. The Healthy Homes Statement.
The tenant says that Ms Cai did not provide him with a full copy of the tenancy agreement at the beginning of the tenancy. Indeed, despite filing a cross application I have not been provided with the full tenancy agreements with the healthy homes statements in them by the landlord. I do not know what statements that the landlord made to the tenant at the beginning of the tenancy about Healthy Homes Compliance.
However, in August 2022 the tenant requested the landlord provide him with a copy of the Healthy Homes report and the full tenancy agreement. He did not receive the report until 2 May 2023.
The Healthy Homes report given to the tenant by the landlord purports to have been completed on the 19 November 2021, It has that date on the front cover and states an inspection date on the 19 November 2021 on page 2.
When a tenant is provided with a Healthy Homes Report, that Report forms part of the tenancy agreement between the parties. It is in effect of statement of compliance pursuant to s 13(1B) to 13 (1F) this is especially so if there are no Healthy Homes Statements in the tenancy agreement.
Section 13(1F) provides that a landlord must not include anything in the statements provided to the tenant that the landlord knows to be false or misleading.
It would be a mockery if the Healthy Homes Report could be false and misleading and for a landlord to absolve themselves of any liability by simply not making statements in the tenancy agreement.
The tenant claims that the landlord gave him the Healthy Homes Report knowing it to be false and misleading because the house was not inspected on the 19 November 2021 and that the date the report was completed was not 19 November 2021.
The tenant does not believe that the Healthy Homes Report dated 19 November 2021 (before the tenancy began) provided to him on the 2 May 2023 was completed on the 19 November 2021 because: a) There are photographs in the report under smoke alarms (page 4) that show the tenant’s belongings namely his shoe collection in the house. b) The bathroom extractor fan was only installed in January 2022 (that is what the electrician was doing when he kicked the water pipe). c) The PDF version shows edits made in May 2022, if you examine the properties of those edits they show material scribbled out relating to another property. d) The tenant was at the property on the 19 November 2021 waiting to move in 2021 as the elderly couple were moving out. There was only a short space (a few minutes) where the house was empty. The landlord looked over the property and took photographs at that time, but did not have a Healthy Homes inspector or anyone else with her. e) There are mistakes in the way some of the bedrooms are described. For instance, all of the bedrooms have doors that lead out to the patio area, but the report states no doors.
I am satisfied that the Healthy Homes Report was false and misleading as it the house was not inspected on the 19 November by the report writer and that some of the photographs which were taken and produced in the report were taken after the date of the report. I consider that the landlord has knowingly given the tenant a false and misleading report.
I consider the falsifying of a Healthy Homes Report to be an egregious breach of the RTA and as such I award the tenant the full amount of exemplary damages of $900.00 under this section. Failure to give the tenant a copy of the Healthy Homes Report
A landlord must provide a tenant with a copy of the Healthy Homes report within 21 days of a receipt of a request for same. Failure to comply with this section is an unlawful act of which a maximum of $750.00 in exemplary damages can be awarded.
The tenant asked for the Healthy Homes Report on 11 August 2022, the tenant says that they did not receive it until May 2023. The landlord says that the report was given to the tenant by [Property Manager 2] on that date. That cannot be correct because in late December 2022 and early January 2023 there is an email conversation between [Property Manager 2] and Ms Cai about how [Property Manager 2] is still waiting on the Healthy Homes Report.
I am satisfied that the landlord did not provide the tenant with the Healthy Homes report within 21 days of requesting same and I award the tenant $200 in exemplary damages for this breach. Compliance with the Healthy Homes Standards.
The tenant has claimed breaches of Healthy Homes Standards, water ingress, insulation breach, ventilation breach of heating standard.
As I have found that the Healthy Homes Statement is falsified, then it cannot be relied upon.
The tenant has proven that the landlord has breached her obligations by allowing water ingress and failing to provide working heat pumps. However in the decision of Manage My Rental v Baxter [2015] NZDC 12011, the District Court held that a party cannot be censured for the same breach twice. As I have censured the landlord for these same acts under a failure to maintain, I cannot censure her again for a failure to meet her obligations under the Healthy Homes Standards.
There was no evidence offered by the tenant which proved that the insulation was not up to the required standard, or the other standards had not been met. Smoke alarms. (Continuing breach from 19 November 2021 to 18 April 2023).
All tenancies must have at least one working smoke alarm and have a smoke alarm within 3 metres of al bedrooms or sleeping spaces.
The tenant complained that there were insufficient smoke alarms at the property, the landlord had a smoke alarm contractor attend the property on the 18 April 2023 which resulted in two extra smoke alarms being installed.
I am not satisfied from the tenant’s evidence that this necessarily means that there was a breach of regulations, rather that it may have been good practice to install further smoke alarms. For example, the house may have technically complied with having a smoke alarm in the hallway which was within 3 meters of each sleeping space but none in the kitchen or living room. This house would still be compliant, but it would be good practice to install extra alarms in the kitchen and living areas. The tenant has not proven their claim for breaches of smoke alarms. Pest Control.
The tenant says that the landlord failed to control whitetail spiders at the property. The tenant says that they have been problematic throughout the tenancy. The issue of pest control for insects and spiders can be a difficult one, as there is no specific obligation on a landlord or tenant to provide pest control. The tenant would need to show that the landlord breached their responsibilities (such as not providing the property in a clean state) to the tenant which resulted in ‘infestation’.
The tenant has not provided evidence of an unclean property, nor that there was an infestation of white tails (There was no evidence provided of what would be consider a normal amount of white tails spiders to be spotted at this property at different times of the year), and therefore the tenant’s claim for the landlord failing to control pests at the property fails. Filing fee and name suppression.
As the tenant has been successful in most of their claims the tenant is awarded the filing fee and tis granted name suppression.
The names of the landlord’s property managers and the firms they work for are suppressed. Landlords claims not proven and dismissed.
The landlord did not attend the hearing on the 22 January 2024, and has not proven her claims. The landlord’s claims are dismissed.

Tenancy Tribunal case 4463765 — State of repair at 23 Parramatta Place, Botany Downs, Auckland 2010

At a glance

Tenancy Tribunal case 4463765 — State of repair at 23 Parramatta Place, Botany Downs, Auckland 2010

At a glance

Award balance

Claims & awards

Order

Reasons

What is the remedy?

And we can do some maintenance as you suggested?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

What is the remedy?

And we can do some maintenance as you suggested?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions