What was Tenancy Tribunal case 4670849 about?

The tribunal order states: Laurene Lindor and Robinson Cabezas must pay [The tenant/s] $4,256.25

How much money was awarded in case 4670849?

Compensation: reimbursement of cost…: $235.81 awarded to tenant; Property Damage: $3,500.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Property Damage: $500.00 awarded to tenant

What type of tenancy dispute was case 4670849?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4670849?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9859583-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4670849 about?

The tribunal order states: Laurene Lindor and Robinson Cabezas must pay [The tenant/s] $4,256.25

How much money was awarded in case 4670849?

Compensation: reimbursement of cost…: $235.81 awarded to tenant; Property Damage: $3,500.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Property Damage: $500.00 awarded to tenant

What type of tenancy dispute was case 4670849?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4670849?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9859583-Tribunal_Order_Redacted.pdf.

93 Te Puea Avenue, Meremere, Mercer 2474 Tenancy Tribunal Case 4670849 — Healthy homes

Claims and awards in Tenancy Tribunal application 4670849 — net $4,256.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages in respect of failure to meet Healthy Homes insulation and heating standards	$3,500.00	Exemplary damages in respect of failure to meet Healthy Homes insulation and heating standards
Compensation: reimbursement of cost of Healthy Homes Standards report incurred by tenant	$235.81	reimbursement of cost of Healthy Homes Standards report incurred by tenant
d inconvenience and general damages for loss of amenities on landlord’s failure to meet Healthy Homes insulation and hea	$500.00	d inconvenience and general damages for loss of amenities on landlord’s failure to meet Healthy Homes insulation and hea
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,256.25
Total payable by Landlord to Tenant	$4,256.25

Claims and awards in Tenancy Tribunal application 4670849 — net $4,256.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Exemplary damages in respect of failure to meet Healthy Homes insulation and heating standards

$3,500.00

Exemplary damages in respect of failure to meet Healthy Homes insulation and heating standards

Compensation: reimbursement of cost of Healthy Homes Standards report incurred by tenant

$235.81

reimbursement of cost of Healthy Homes Standards report incurred by tenant

d inconvenience and general damages for loss of amenities on landlord’s failure to meet Healthy Homes insulation and hea

$500.00

d inconvenience and general damages for loss of amenities on landlord’s failure to meet Healthy Homes insulation and hea

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$4,256.25

Total payable by Landlord to Tenant

$4,256.25

Reasons

Both parties attended the hearing.

[The tenant/s] claims that the landlord has breached the obligations under section 45(1)(bb) of the Residential Tenancies Act 1986 by failing to insulate the premises in accordance with the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016.

From 1 July 2019, all residential premises must be insulated to a minimum standard. Where the premises were insulated before 1 July 2016, the ceiling insulation must have an R-value of at least 1.9 (or 1.5 for houses of a brick or concrete block construction). The underfloor insulation must have an R-value of at least 0.9. The insulation must be in reasonable condition.

Where insulation is installed after 1 July 2016, the minimum R-value for ceiling insulation is 2.9 in Zones 1 and 2, and 3.3 for Zone 3 (Zone 3 covers the South Island and central North Island). The minimum R-value for underfloor insulation is 1.3.

There are exceptions to these requirements, for example, where it is not reasonably practicable, or where there is a habitable space above or below the ceiling or floor that would otherwise have to be insulated.

[The tenant/s] also 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 heating 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 after 1 July 2021, with all private rentals complying by 1 July 2024. b. All boarding houses must comply by 1 July 2021. c. All houses rented by Kāinga Ora and registered Community Housing Providers must comply by 1 July 2023.

The heating standard requires landlords to provide one or more ‘qualifying heaters’, with a capacity to heat the room to a required level. The heating standard defines what a qualifying heater would be and confirms that certain types of heaters are unacceptable heaters for the purpose of the HHS. The heating standard requires that heaters in the particular tenancy have a minimum heating capacity.

Breaching the landlord’s obligations under the above insulation and HHS heating standards is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A).

I find Laurene Lindor and Robinson Cabezas committed an unlawful act. The under floor insulation does not have an R-value of 1.3 or more and it is also not in reasonable condition as at 9 August 2023, more than 8 months after the start of the tenancy in December 2022. The main living room requires an approved fixed heating device with minimum heating capacity of 3.5kW. The main living room currently has no heating device with 3.5kW heating capacity and it requires a heating device to meet a required minimum heating capacity.

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 interest of the other party, and the public interest. See section 109(3) RTA.

Considering those factors, I have determined that a cumulative award of exemplary damages totalling $3,500.00 is appropriate on the landlord’s failure to meet Healthy Homes insulation and heating standards.

I also award compensation of $500.00 for loss of amenities suffered by the tenant on the landlord’s failure to meet Healthy Homes insulation and heating standards; this award includes general damages for stress and inconvenience suffered by the tenant on account of the landlord’s breach of their obligations.

I decline to award any exemplary damages against the landlord of failing to lodge the bond within 23 working days from December 2022. I accept the landlord’s explanation that the breach was not intentional and the bond was subsequently lodged in March 2023 with no prejudice to the tenant.

Finally, I award the tenant reimbursement of the cost of the Healthy Homes Standards report dated 9 August 2023 incurred by tenant as well as the Tribunal filing fee paid by the tenant.

Claims and awards in Tenancy Tribunal application 4670849 — net $4,256.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages in respect of failure to meet Healthy Homes insulation and heating standards	$3,500.00	Exemplary damages in respect of failure to meet Healthy Homes insulation and heating standards
Compensation: reimbursement of cost of Healthy Homes Standards report incurred by tenant	$235.81	reimbursement of cost of Healthy Homes Standards report incurred by tenant
d inconvenience and general damages for loss of amenities on landlord’s failure to meet Healthy Homes insulation and hea	$500.00	d inconvenience and general damages for loss of amenities on landlord’s failure to meet Healthy Homes insulation and hea
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,256.25
Total payable by Landlord to Tenant	$4,256.25

Claims and awards in Tenancy Tribunal application 4670849 — net $4,256.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Exemplary damages in respect of failure to meet Healthy Homes insulation and heating standards

$3,500.00

Exemplary damages in respect of failure to meet Healthy Homes insulation and heating standards

Compensation: reimbursement of cost of Healthy Homes Standards report incurred by tenant

$235.81

reimbursement of cost of Healthy Homes Standards report incurred by tenant

d inconvenience and general damages for loss of amenities on landlord’s failure to meet Healthy Homes insulation and hea

$500.00

d inconvenience and general damages for loss of amenities on landlord’s failure to meet Healthy Homes insulation and hea

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$4,256.25

Total payable by Landlord to Tenant

$4,256.25

Order

Laurene Lindor and Robinson Cabezas must pay [The tenant/s] $4,256.25 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing.
[The tenant/s] claims that the landlord has breached the obligations under section 45(1)(bb) of the Residential Tenancies Act 1986 by failing to insulate the premises in accordance with the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016.
From 1 July 2019, all residential premises must be insulated to a minimum standard. Where the premises were insulated before 1 July 2016, the ceiling insulation must have an R-value of at least 1.9 (or 1.5 for houses of a brick or concrete block construction). The underfloor insulation must have an R-value of at least 0.9. The insulation must be in reasonable condition.
Where insulation is installed after 1 July 2016, the minimum R-value for ceiling insulation is 2.9 in Zones 1 and 2, and 3.3 for Zone 3 (Zone 3 covers the South Island and central North Island). The minimum R-value for underfloor insulation is 1.3.
There are exceptions to these requirements, for example, where it is not reasonably practicable, or where there is a habitable space above or below the ceiling or floor that would otherwise have to be insulated.
[The tenant/s] also 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 heating 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 after 1 July 2021, with all private rentals complying by 1 July 2024. b. All boarding houses must comply by 1 July 2021. c. All houses rented by Kāinga Ora and registered Community Housing Providers must comply by 1 July 2023.
The heating standard requires landlords to provide one or more ‘qualifying heaters’, with a capacity to heat the room to a required level. The heating standard defines what a qualifying heater would be and confirms that certain types of heaters are unacceptable heaters for the purpose of the HHS. The heating standard requires that heaters in the particular tenancy have a minimum heating capacity.
Breaching the landlord’s obligations under the above insulation and HHS heating standards is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A).
I find Laurene Lindor and Robinson Cabezas committed an unlawful act. The under floor insulation does not have an R-value of 1.3 or more and it is also not in reasonable condition as at 9 August 2023, more than 8 months after the start of the tenancy in December 2022. The main living room requires an approved fixed heating device with minimum heating capacity of 3.5kW. The main living room currently has no heating device with 3.5kW heating capacity and it requires a heating device to meet a required minimum heating capacity.
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 interest of the other party, and the public interest. See section 109(3) RTA.
Considering those factors, I have determined that a cumulative award of exemplary damages totalling $3,500.00 is appropriate on the landlord’s failure to meet Healthy Homes insulation and heating standards.
I also award compensation of $500.00 for loss of amenities suffered by the tenant on the landlord’s failure to meet Healthy Homes insulation and heating standards; this award includes general damages for stress and inconvenience suffered by the tenant on account of the landlord’s breach of their obligations.
I decline to award any exemplary damages against the landlord of failing to lodge the bond within 23 working days from December 2022. I accept the landlord’s explanation that the breach was not intentional and the bond was subsequently lodged in March 2023 with no prejudice to the tenant.
Finally, I award the tenant reimbursement of the cost of the Healthy Homes Standards report dated 9 August 2023 incurred by tenant as well as the Tribunal filing fee paid by the tenant.

Tenancy Tribunal case 4670849 — Healthy homes at 93 Te Puea Avenue, Meremere, Mercer 2474

At a glance

Tenancy Tribunal case 4670849 — Healthy homes at 93 Te Puea Avenue, Meremere, Mercer 2474

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions