What was Tenancy Tribunal case 4752308 about?

The tribunal order states: Pro Management (Auckland) Limited must pay [the tenants] $20.44

How much money was awarded in case 4752308?

Compensation: $1,309.99 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4752308?

The primary dispute was Healthy homes. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4752308?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10147314-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4752308 about?

The tribunal order states: Pro Management (Auckland) Limited must pay [the tenants] $20.44

How much money was awarded in case 4752308?

Compensation: $1,309.99 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4752308?

The primary dispute was Healthy homes. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4752308?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10147314-Tribunal_Order_Redacted.pdf.

Unit 2006, 8 Airedale Street, Auckland Central, Auckland Tenancy Tribunal Case 4752308 — Healthy homes

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4752308. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Compensation		$1,309.99	Compensation
Filing fee reimbursement		$20.44	Filing fee reimbursement

The first-named tenant attended the hearing for the tenants.

Jerry Li attended for the landlord’s agent.

The tenants claim the landlord breached the Healthy Homes Standard by failing to provide a heater.

Under reg 6 of the Housing Improvement Regulations 1947: Every living room shall be fitted with a fireplace and chimney or other approved form of heating

[The tenant/s]nder s 45(1)(bb) of the Residential Tenancies Act 1986 (RTA), which requires compliance with the Residential Tenancies (Healthy Homes Standards) 2019, the landlord has failed to comply with the HHS heating standard.

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. An on-line calculator has been produced in order to determine what level of heating is required for any particular premises, and that can be found at https://www.tenancy.govt.nz/heating-tool/

The HHS does provide exemptions in specific circumstances.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00.

The landlord did not provide heating as required under the Housing Improvement Regulations or the HHS.

I find Pro Management (Auckland) Limited committed an unlawful act.

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. 1

I accept Mr Li’s evidence that the landlord had obtained a HHS Report that advised (albeit erroneously) the premises was exempt from the HHS heating standard. Mr Li only realised the exemption finding was incorrect and a heater should be installed (even if only partial compliance could be achieved) after the tenants complained and he made enquiries as to what could be done. I am not satisfied that the landlord committed the unlawful act intentionally. Therefore, exemplary damages are unavailable.

The Tribunal will not likely find that this landlord did not intentionally breach the HHS heating standard again if this issue recurs. From now on, the landlord must proactively ensure compliance with the HHS. It should not wait for a 1 Residential Tenancies Act 1986, s 109(3). complaint from the tenant that they are cold to see whether it should provide a heater.

Mr Li says that unfortunately, the landlord could not provide a wall heater of adequate capacity to comply with the HHS for the premises. If that is so, the landlord should provide an additional portable heater to make up the deficit. That would not formally meet the standard but would show the landlord takes them seriously.

The Tribunal orders compensation for loss of amenity calculated at 5 per cent of the weekly rent for cooler five months of the years of the tenancy between 1 May and 30 September.

Because the tenants have substantially succeeded in the claim, the landlord must reimburse them for the filing fee.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The tenants seek non-publication. They have been substantially successful in the proceedings. I do not consider publication is in the public interest or is justified by the tenants’ conduct or any other circumstances.

An order for non-publication is made.

Reasons

Claims and awards in Tenancy Tribunal application 4752308. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Compensation		$1,309.99	Compensation
Filing fee reimbursement		$20.44	Filing fee reimbursement

The first-named tenant attended the hearing for the tenants.

Jerry Li attended for the landlord’s agent.

The tenants claim the landlord breached the Healthy Homes Standard by failing to provide a heater.

Under reg 6 of the Housing Improvement Regulations 1947: Every living room shall be fitted with a fireplace and chimney or other approved form of heating

The HHS does provide exemptions in specific circumstances.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00.

The landlord did not provide heating as required under the Housing Improvement Regulations or the HHS.

I find Pro Management (Auckland) Limited committed an unlawful act.

The Tribunal orders compensation for loss of amenity calculated at 5 per cent of the weekly rent for cooler five months of the years of the tenancy between 1 May and 30 September.

Because the tenants have substantially succeeded in the claim, the landlord must reimburse them for the filing fee.

An order for non-publication is made.

Tenancy Tribunal case 4752308 — Healthy homes at Unit 2006, 8 Airedale Street, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 4752308 — Healthy homes at Unit 2006, 8 Airedale Street, Auckland Central, Auckland

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions