What was Tenancy Tribunal case 4599929 about?

This case concerned a healthy homes dispute. The net award was $2,020.44.

How much money was awarded in case 4599929?

Compensation: Healthy Homes standard…: $1,500.00 awarded to tenant; Compensation: Maintenance: $500.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4599929?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4599929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9605206-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4599929 about?

This case concerned a healthy homes dispute. The net award was $2,020.44.

How much money was awarded in case 4599929?

Compensation: Healthy Homes standard…: $1,500.00 awarded to tenant; Compensation: Maintenance: $500.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4599929?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4599929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9605206-Tribunal_Order_Redacted.pdf.

115 Athena Drive, Totara Vale, Auckland 0629 Tenancy Tribunal Case 4599929 — Healthy homes

Claims and awards in Tenancy Tribunal application 4599929 — net $2,020.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Healthy Homes standards	$1,500.00	Healthy Homes standards
Compensation: Maintenance	$500.00	Maintenance
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,020.44
Total payable by Landlord to Tenant	$2,020.44

Reasons

Both parties attended the hearing.
The tenant has applied in respect of a claim relating to the Healthy Homes Standards and for compensation related to maintenance issues during the tenancy. Healthy Homes Standards
[The tenant/s] claims 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 draught stopping standard.
Compliance dates for the HHS vary depending on the tenancy: a. All private rentals must comply within 90 days of any new or renewed tenancy between 1 July 2021 and 27 August 2022.
The tenancy began on 1 June 2022 so the compliance date for this tenancy (90 days after commencement) is 30 August 2022.
It is noted that the tenancy agreement signed by the parties on 17 June 2022 states on page 7: We confirm that the property and this agreement meets the obligations for the Residential Tenancies (Healthy Homes Standards) Regulations 2019. The landlord also confirms that they have sufficient records and documents so far as to provide reasonable proof of compliance with the regulations.
Included with the tenancy agreement is a Healthy Homes report prepared by All Clear NZ Ltd which states that as at 9 April 2021 the property is assessed as non-compliant with draught stopping – gaps/holes requirements, the underfloor insulation requirements and the moisture ingress requirements of the Residential Tenancies (Healthy Homes Standards) Regulations 2019. This meant that the statement above which was included in the tenancy agreement was incorrect.
At the hearing the landlord advised that the moisture barrier had been installed before this tenancy began and therefore complied. The landlord acknowledged that the window gaps was not fixed until October 2022, four months after commencement of the tenancy.
While the premises complied in relation to heating as at April 2021 it was acknowledged by the landlord that the heating did not work for much of the tenancy including the winter months of 2022. The heat pump which was faulty was eventually replaced with a new one in April 2023.
The result of these issues is that the tenants and their young children, including a new-born baby, lived in very cold conditions with no heating and large gaps in the windows.
The tenants should be compensated for the conditions that they lived in particularly during the winter months. The landlord failed to comply with the Healthy Homes standards for draughts for the period from 30 August 2022 until 11 October 2022, amounting to a period of six weeks. I have awarded the tenants compensation of $100.00 for each of those six weeks. I also award compensation of $900.00 for the three months of winter where they had no heating. The total compensation under the Healthy Homes standards amounts to $1,500.00. Maintenance
The tenant claimed in respect of other maintenance issues, in particular mould and gas leaks.
Under section 45 a landlord must provide and maintain the premises in a reasonable state of repair.
At the viewing the tenant asked if there was any mould in the property and she was told no. This was an important issue for the tenant because she and her daughter suffer from asthma.
It turned out that there was significant mould in the premises on two exterior walls in the main bedroom and one exterior wall in the small bedroom.
The landlord was aware of the mould because the tenant raised it on several occasions in August, September and October 2022 and in May 2023. The tenant produced photographs showing the mould on the walls.
The issue is whether the landlord took sufficient steps to investigate the cause of the mould and address that cause.
The landlord arranged for a roofing company to inspect the roof in October 2023 to see whether that was contributing toward the mould issue. At the hearing the landlord insisted that the company did not provide a report and instead only photographs of the issues. The photographs show small holes which have been filled with silicone and deteriorated flashing around the chimney. While the chimney is located on the roof, the internal part of what was a fireplace has been removed but the chimney has not been. This may be a risk for leaks but the mould at this property is at the other end of the house.
After the hearing the landlord produced a report from the roofing company which stated that 60 of the roof tiles were dented, which according to the report, poses a risk to crease marks tearing and causing leaks in the future. An invoice was produced dated 16 December 2022 for un-denting the roof tiles and waterproofing the flashing around the chimney.
What is not clear is whether any of this addressed the mould issue. It seems that it is unlikely that it did because the tenant had contacted the landlord about the mould issue five months after the roof repairs. Also, the roofing report does not confirm that the roof was leaking and therefore causing the mould so further investigation should have been carried out.
The other issue was the gas leaks. There was a leak identified in August 2022 and this was repaired. The landlord paid for one bottle of gas due to the leak. Another gas leak was identified in May 2023. That leak was at the gas hob in the kitchen.
The tenant thought that the gas may have been leaking for much of the tenancy. The tenant was sleeping in the lounge due to the mould issue and the lounge is open plan to the kitchen.
The tenant said that she and her family had suffered health issues which she attributes to the gas leak. She produced a letter from her doctor which states that the tenant’s symptoms over the past few months were consistent with the known effects of LPG poisoning.
The landlord produced documents from the plumber who attended for the second leak. It records that there was a very small leak on the gas hob. The leak was confirmed on the gas certificate prepared by the plumber.
The landlord says that she only found out about the possible gas poisoning at the final inspection.
On the evidence the landlord did act in a timely manner in relation to the gas leaks when raised by the tenant. What is not agreed is whether the second gas leak was small as described by the plumber and how long it had been leaking.
On the evidence I am not able to make an award for the gas leaks as the landlord acted reasonably, but I consider that the tenant should receive a small amount of compensation in relation to the mould. The tenant and her family were susceptible to health conditions related to mould and this impacted on them. I consider an award of $500.00 is reasonable.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4599929 — net $2,020.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Healthy Homes standards	$1,500.00	Healthy Homes standards
Compensation: Maintenance	$500.00	Maintenance
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,020.44
Total payable by Landlord to Tenant	$2,020.44

Reasons

Both parties attended the hearing.
The tenant has applied in respect of a claim relating to the Healthy Homes Standards and for compensation related to maintenance issues during the tenancy. Healthy Homes Standards
[The tenant/s] claims 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 draught stopping standard.
Compliance dates for the HHS vary depending on the tenancy: a. All private rentals must comply within 90 days of any new or renewed tenancy between 1 July 2021 and 27 August 2022.
The tenancy began on 1 June 2022 so the compliance date for this tenancy (90 days after commencement) is 30 August 2022.
It is noted that the tenancy agreement signed by the parties on 17 June 2022 states on page 7: We confirm that the property and this agreement meets the obligations for the Residential Tenancies (Healthy Homes Standards) Regulations 2019. The landlord also confirms that they have sufficient records and documents so far as to provide reasonable proof of compliance with the regulations.
Included with the tenancy agreement is a Healthy Homes report prepared by All Clear NZ Ltd which states that as at 9 April 2021 the property is assessed as non-compliant with draught stopping – gaps/holes requirements, the underfloor insulation requirements and the moisture ingress requirements of the Residential Tenancies (Healthy Homes Standards) Regulations 2019. This meant that the statement above which was included in the tenancy agreement was incorrect.
At the hearing the landlord advised that the moisture barrier had been installed before this tenancy began and therefore complied. The landlord acknowledged that the window gaps was not fixed until October 2022, four months after commencement of the tenancy.
While the premises complied in relation to heating as at April 2021 it was acknowledged by the landlord that the heating did not work for much of the tenancy including the winter months of 2022. The heat pump which was faulty was eventually replaced with a new one in April 2023.
The result of these issues is that the tenants and their young children, including a new-born baby, lived in very cold conditions with no heating and large gaps in the windows.
The tenants should be compensated for the conditions that they lived in particularly during the winter months. The landlord failed to comply with the Healthy Homes standards for draughts for the period from 30 August 2022 until 11 October 2022, amounting to a period of six weeks. I have awarded the tenants compensation of $100.00 for each of those six weeks. I also award compensation of $900.00 for the three months of winter where they had no heating. The total compensation under the Healthy Homes standards amounts to $1,500.00. Maintenance
The tenant claimed in respect of other maintenance issues, in particular mould and gas leaks.
Under section 45 a landlord must provide and maintain the premises in a reasonable state of repair.
At the viewing the tenant asked if there was any mould in the property and she was told no. This was an important issue for the tenant because she and her daughter suffer from asthma.
It turned out that there was significant mould in the premises on two exterior walls in the main bedroom and one exterior wall in the small bedroom.
The landlord was aware of the mould because the tenant raised it on several occasions in August, September and October 2022 and in May 2023. The tenant produced photographs showing the mould on the walls.
The issue is whether the landlord took sufficient steps to investigate the cause of the mould and address that cause.
The landlord arranged for a roofing company to inspect the roof in October 2023 to see whether that was contributing toward the mould issue. At the hearing the landlord insisted that the company did not provide a report and instead only photographs of the issues. The photographs show small holes which have been filled with silicone and deteriorated flashing around the chimney. While the chimney is located on the roof, the internal part of what was a fireplace has been removed but the chimney has not been. This may be a risk for leaks but the mould at this property is at the other end of the house.
After the hearing the landlord produced a report from the roofing company which stated that 60 of the roof tiles were dented, which according to the report, poses a risk to crease marks tearing and causing leaks in the future. An invoice was produced dated 16 December 2022 for un-denting the roof tiles and waterproofing the flashing around the chimney.
What is not clear is whether any of this addressed the mould issue. It seems that it is unlikely that it did because the tenant had contacted the landlord about the mould issue five months after the roof repairs. Also, the roofing report does not confirm that the roof was leaking and therefore causing the mould so further investigation should have been carried out.
The other issue was the gas leaks. There was a leak identified in August 2022 and this was repaired. The landlord paid for one bottle of gas due to the leak. Another gas leak was identified in May 2023. That leak was at the gas hob in the kitchen.
The tenant thought that the gas may have been leaking for much of the tenancy. The tenant was sleeping in the lounge due to the mould issue and the lounge is open plan to the kitchen.
The tenant said that she and her family had suffered health issues which she attributes to the gas leak. She produced a letter from her doctor which states that the tenant’s symptoms over the past few months were consistent with the known effects of LPG poisoning.
The landlord produced documents from the plumber who attended for the second leak. It records that there was a very small leak on the gas hob. The leak was confirmed on the gas certificate prepared by the plumber.
The landlord says that she only found out about the possible gas poisoning at the final inspection.
On the evidence the landlord did act in a timely manner in relation to the gas leaks when raised by the tenant. What is not agreed is whether the second gas leak was small as described by the plumber and how long it had been leaking.
On the evidence I am not able to make an award for the gas leaks as the landlord acted reasonably, but I consider that the tenant should receive a small amount of compensation in relation to the mould. The tenant and her family were susceptible to health conditions related to mould and this impacted on them. I consider an award of $500.00 is reasonable.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4599929 — Healthy homes at 115 Athena Drive, Totara Vale, Auckland 0629

At a glance

Tenancy Tribunal case 4599929 — Healthy homes at 115 Athena Drive, Totara Vale, Auckland 0629

At a glance

Award balance

Claims & awards

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions