What was Tenancy Tribunal case 4538620 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4538620?

Compensation: Breach of quiet enjoym…: $200.00 awarded to tenant; Compensation: Failure to provide hea…: $600.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4538620?

The dispute type was not classified.

Where can I read the official tribunal order for case 4538620?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9516181-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4538620 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4538620?

Compensation: Breach of quiet enjoym…: $200.00 awarded to tenant; Compensation: Failure to provide hea…: $600.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4538620?

The dispute type was not classified.

Where can I read the official tribunal order for case 4538620?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9516181-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4538620 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4538620 — net $820.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Failure to provide heating	$600.00	Failure to provide heating
Compensation: Breach of quiet enjoyment	$200.00	Breach of quiet enjoyment
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$820.44
Total payable by Landlord to Tenant	$820.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
The tenant claim for breach of Healthy Homes Standards is dismissed.
[The landlord/s] must pay [The tenant/s] $820.44 immediately, calculated as shown in table below: DescriptionTenant Compensation: Failure to provide heating $600.00 Compensation: Breach of quiet enjoyment $200.00 Filing fee reimbursement $20.44 Total award $820.44 Total payable by Landlord to Tenant $820.44

Reasons

Both parties attended the hearing which took place by teleconference.
On 3 July 2023 the Tribunal refunded the bond to the tenants and adjourned the matter to hear the remainder of the tenant claims.
The Tribunal directed that if the landlord also has a claim they want dealt with, they must file their application with Tenancy Services within 14 days of this order and refer to the current application number.
The landlord did not file a counter claim.
The tenants seek compensation for breaches by the landlord of Healthy Homes standards, failure to provide heating, unlawful entry and breach of quiet enjoyment and reimbursement of the filing fee.
The tenants rented a 2-bedroom apartment in a large apartment block in the city. The tenancy commenced in January 2021 and ended in January 2023 following notice from the tenants. Healthy Homes Standards
[The tenant/s] claim that the landlord has breached the landlord’s 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 tenant/s] considers that the landlord has failed to comply with the HHS heating and ventilation standard.
Compliance dates for the HHS vary depending on the tenancy. All private rentals must comply within 120 days of any new or renewed tenancy after 1 July 2021, with all private rentals complying by 1 July 2025.
As this tenancy commenced prior to 1 July 2021 the healthy homes compliance is not required until 1 July 2025, therefore, the landlord is not in breach of the Healthy Homes Standards and this claim is dismissed.

Did the landlord breach section 45 by failing to provide heating?

[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45(1) (b) and (c), a landlord has responsibilities including that the landlord must provide and maintain the premises in a reasonable state of repair and comply with any relevant enactment in relation to buildings, health and safety.
The tenants claimed that the landlord failed to provide heating. They stated that they requested heating at the commencement of the tenancy and produced communication that took place at the beginning of the tenancy referring to “no heat pump yet” and an email in March 2022 where the property manager stated “Apologies this has been a hectic start of the year. The building management has confirmed we can install a heat pump if it is approved by the body corporate.” No heating was installed by the end of the tenancy.
The landlord responded that they were aware of the need to provide a power source but not aware of a requirement to provide heating and the body corporate did not approve the installation of a heat pump.
The requirement to provide heating in homes predates the Healthy Homes Standards and has been a requirement for buildings since the 1947 Housing Improvement Regulations which sets out minimum standards of fitness for houses. The regulations state at clause 6 “Every living room shall be fitted with a fireplace and chimney or other approved form of heating.” Reference to this requirement is included in the information on the government Tenancy Services website which provides information to landlords and tenants.
As the landlords failed to provide heating they were in breach of their obligations.
The Tribunal can order a landlord to pay such sum by way of damages or compensation as the Tribunal shall assess in respect of the breach of any provision of the Residential Tenancies Act (section 77(2)(n)).
Rather than out of pocket expenses the Tenants’ claim for compensation is in the nature of general damages for the loss of amenity of living in cold premises without heating. The Tribunal has jurisdiction to make such award pursuant to section 77(2)(n) of the Act: Eayrs v Hindmarsh, DC Wellington, TT223/93, 12 November 1993. Awards of compensation are generally modest. The landlord responded that the premises are in a sunny position. Having considered the evidence I find that it is appropriate to award the tenants compensation for the colder months of the tenancy due to the lack of heating. The tenancy continued for two years, and I order compensation of $50.00 per month for the six cooler months of each year totalling 12 months over the two years. I order compensation of $600.00 being 12 x $50.00. Did the landlord breach the tenants’ quiet enjoyment of the premises?
[The tenant/s] claims the landlord has entered the premises without consent or notice and this breached their quiet enjoyment of the premises.
With the prior consent of tenants the landlord may enter the premises at any reasonable time for the purpose of showing the premises to prospective tenants. See section 48(3) and (3A) Residential Tenancies Act 1986.
A landlord must not interfere with the reasonable peace, comfort or privacy of the tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986.
After the tenants gave notice to end the tenancy the landlord wished to show prospective tenants through the premises. The parties produced copies of messages indicating that the landlord sent notice prior to entering and claimed these messages followed verbal discussions where the tenants had agreed to prospective tenants being shown through the premises. However, the tenants claimed that although notice was sent it was not sent to both tenants and did not give sufficient notice. In particular, [The tenant/s] referred to an incident during the day towards the end of December where she was in bed and the door to the room was opened. The property manager acknowledged that they used a wrong email address and only notified one tenant initially. Both parties agreed that this was corrected on 31 December 2022.
I am satisfied that there was a miscommunication regarding the viewing towards the end of December which resulted in the tenants’ quiet enjoyment of the premises being breached.
The Tribunal can order a landlord to pay such sum by way of damages or compensation as the Tribunal shall assess in respect of the breach of any provision of the Residential Tenancies Act (section 77(2)(n)). I order compensation of $200.00 for the breach of the tenants’ quiet enjoyment where viewing took place without the landlord ensuring that the tenant was aware and consented prior. Filing fee/Suppression
Because [The tenant/s] have substantially succeeded with the claim I have reimbursed the filing fee.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. Having considered the factors in this case the Tribunal grants suppression of all party details as sought.

Claims and awards in Tenancy Tribunal application 4538620 — net $820.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Failure to provide heating	$600.00	Failure to provide heating
Compensation: Breach of quiet enjoyment	$200.00	Breach of quiet enjoyment
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$820.44
Total payable by Landlord to Tenant	$820.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
The tenant claim for breach of Healthy Homes Standards is dismissed.
[The landlord/s] must pay [The tenant/s] $820.44 immediately, calculated as shown in table below: DescriptionTenant Compensation: Failure to provide heating $600.00 Compensation: Breach of quiet enjoyment $200.00 Filing fee reimbursement $20.44 Total award $820.44 Total payable by Landlord to Tenant $820.44

Reasons

Both parties attended the hearing which took place by teleconference.
On 3 July 2023 the Tribunal refunded the bond to the tenants and adjourned the matter to hear the remainder of the tenant claims.
The Tribunal directed that if the landlord also has a claim they want dealt with, they must file their application with Tenancy Services within 14 days of this order and refer to the current application number.
The landlord did not file a counter claim.
The tenants seek compensation for breaches by the landlord of Healthy Homes standards, failure to provide heating, unlawful entry and breach of quiet enjoyment and reimbursement of the filing fee.
The tenants rented a 2-bedroom apartment in a large apartment block in the city. The tenancy commenced in January 2021 and ended in January 2023 following notice from the tenants. Healthy Homes Standards
[The tenant/s] claim that the landlord has breached the landlord’s 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 tenant/s] considers that the landlord has failed to comply with the HHS heating and ventilation standard.
Compliance dates for the HHS vary depending on the tenancy. All private rentals must comply within 120 days of any new or renewed tenancy after 1 July 2021, with all private rentals complying by 1 July 2025.
As this tenancy commenced prior to 1 July 2021 the healthy homes compliance is not required until 1 July 2025, therefore, the landlord is not in breach of the Healthy Homes Standards and this claim is dismissed.

Did the landlord breach section 45 by failing to provide heating?

[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45(1) (b) and (c), a landlord has responsibilities including that the landlord must provide and maintain the premises in a reasonable state of repair and comply with any relevant enactment in relation to buildings, health and safety.
The tenants claimed that the landlord failed to provide heating. They stated that they requested heating at the commencement of the tenancy and produced communication that took place at the beginning of the tenancy referring to “no heat pump yet” and an email in March 2022 where the property manager stated “Apologies this has been a hectic start of the year. The building management has confirmed we can install a heat pump if it is approved by the body corporate.” No heating was installed by the end of the tenancy.
The landlord responded that they were aware of the need to provide a power source but not aware of a requirement to provide heating and the body corporate did not approve the installation of a heat pump.
The requirement to provide heating in homes predates the Healthy Homes Standards and has been a requirement for buildings since the 1947 Housing Improvement Regulations which sets out minimum standards of fitness for houses. The regulations state at clause 6 “Every living room shall be fitted with a fireplace and chimney or other approved form of heating.” Reference to this requirement is included in the information on the government Tenancy Services website which provides information to landlords and tenants.
As the landlords failed to provide heating they were in breach of their obligations.
The Tribunal can order a landlord to pay such sum by way of damages or compensation as the Tribunal shall assess in respect of the breach of any provision of the Residential Tenancies Act (section 77(2)(n)).
Rather than out of pocket expenses the Tenants’ claim for compensation is in the nature of general damages for the loss of amenity of living in cold premises without heating. The Tribunal has jurisdiction to make such award pursuant to section 77(2)(n) of the Act: Eayrs v Hindmarsh, DC Wellington, TT223/93, 12 November 1993. Awards of compensation are generally modest. The landlord responded that the premises are in a sunny position. Having considered the evidence I find that it is appropriate to award the tenants compensation for the colder months of the tenancy due to the lack of heating. The tenancy continued for two years, and I order compensation of $50.00 per month for the six cooler months of each year totalling 12 months over the two years. I order compensation of $600.00 being 12 x $50.00. Did the landlord breach the tenants’ quiet enjoyment of the premises?
[The tenant/s] claims the landlord has entered the premises without consent or notice and this breached their quiet enjoyment of the premises.
With the prior consent of tenants the landlord may enter the premises at any reasonable time for the purpose of showing the premises to prospective tenants. See section 48(3) and (3A) Residential Tenancies Act 1986.
A landlord must not interfere with the reasonable peace, comfort or privacy of the tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986.
After the tenants gave notice to end the tenancy the landlord wished to show prospective tenants through the premises. The parties produced copies of messages indicating that the landlord sent notice prior to entering and claimed these messages followed verbal discussions where the tenants had agreed to prospective tenants being shown through the premises. However, the tenants claimed that although notice was sent it was not sent to both tenants and did not give sufficient notice. In particular, [The tenant/s] referred to an incident during the day towards the end of December where she was in bed and the door to the room was opened. The property manager acknowledged that they used a wrong email address and only notified one tenant initially. Both parties agreed that this was corrected on 31 December 2022.
I am satisfied that there was a miscommunication regarding the viewing towards the end of December which resulted in the tenants’ quiet enjoyment of the premises being breached.
The Tribunal can order a landlord to pay such sum by way of damages or compensation as the Tribunal shall assess in respect of the breach of any provision of the Residential Tenancies Act (section 77(2)(n)). I order compensation of $200.00 for the breach of the tenants’ quiet enjoyment where viewing took place without the landlord ensuring that the tenant was aware and consented prior. Filing fee/Suppression
Because [The tenant/s] have substantially succeeded with the claim I have reimbursed the filing fee.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. Having considered the factors in this case the Tribunal grants suppression of all party details as sought.

Tenancy Tribunal case 4538620 — Tenancy dispute

At a glance

Tenancy Tribunal case 4538620 — Tenancy dispute

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the landlord breach section 45 by failing to provide heating?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the landlord breach section 45 by failing to provide heating?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions