What was Tenancy Tribunal case 4774762 about?

The tribunal order states: This order replaces the original order dated 2

How much money was awarded in case 4774762?

Compensation: Refund Of Rent: $34,000.00 awarded to tenant; Property Damage: $2,500.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4774762?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4774762?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11027534-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4774762 about?

The tribunal order states: This order replaces the original order dated 2

How much money was awarded in case 4774762?

Compensation: Refund Of Rent: $34,000.00 awarded to tenant; Property Damage: $2,500.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4774762?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4774762?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11027534-Tribunal_Order_Redacted.pdf.

878 West Coast Road, Waiatarua, Auckland 0604 Tenancy Tribunal Case 4774762 — Exemplary damages

Claims and awards in Tenancy Tribunal application 4774762 — net $36,520.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: refund of rent	$34,000.00	refund of rent
Exemplary damages: Lack of CCC	$2,500.00	Lack of CCC
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$36,520.44
Total payable by Landlord to Tenant	$36,520.44

Order

This order replaces the original order dated 2 nd October 2024.
must pay immediately, as per below.

Reasons

Both parties attended the hearing on 23 rd September 2024. The tenant attended in person. Andrew Holgate appeared on behalf of the owner Wilhelmina Broekhoff. Sonia Martinez attended on behalf of Barfoot & Thompson.
The tenant sought refund of the rent, exemplary damages for the premises not meeting Healthy Homes Standards (HHS) and the premises being non- compliant with the buildings, health and safety under the required enactments.
The primary ground of this application was that the building did not have a Code Compliance Certificate (CCC) until 6 th November 2023, 9 days before the end of the tenancy. Background
The tenancy was from 15 th July 2022 to 15 th November 2023.
On 15 th July 2021, Barfoot & Thompson was signed up to manage the premises. The owner did not mention that the premises did not have a CCC.
In the same month, HHS assessment was completed. The premises failed the HHS assessment and required the heating, ventilation and draught stopping to be remedied.
From September 2021 to June 2022, the premises was tenanted with another tenant. During that time, a heat pump was installed.
From 15 th July 2022, the tenant began his tenancy. In the same month, the ventilation and draught stopping work began to make the premises HHS compliant.
Although work was done for HHS compliance, no final assessment took place to confirm that the premises was actually compliant with HHS. However, I am satisfied that the premises would have been HHS compliant at this stage.
However, the premises had issues with the plumbing and electrical work throughout the tenancy. The tenant raised issues with the premises smelling foul and all the light bulbs blowing out.
To investigate the issues raised, Barfoot & Thompson engaged plumbers and electricians. It was discovered that both the plumbing and the electrical works seemed to have been done by non-professionals.
There was an invoice dated 11 April 2023 from Astro Electrical Services Ltd that stated “the wiring at this property is an electrical and fire hazard due to the numerous electrical issues found while onsite. Multiple blow marks in the switchboard including appliance wiring used as installing wiring. Loose terminations at switches with twin and earth used as a strap. Poor connections of fittings etc. Highly recommend re wiring and retermination of all electrical fittings in the property. Including full switchboard upgrade. Wiring does not seem to have been done by an electrician.”
On 13 th June 2023, a plumber from Mr Walker Electrical and Plumbing attended the site and found the terminal vent had been cut off, both kitchen sinks were leaking/flooding the cupboard with incorrect plumbing, the main bathroom stunk of drainage, and the basin was leaking, along with an incorrect pan connector used to connect the toilet to the main drain, so the smell was pouring out of that connection, and the basin in the main ensuite had incorrect plumbing as well, which was also venting the drain into the house. The laundry also had no trap and was venting the drain into the dining area adjacent.
On the same day, Barfoot & Thompson emailed the owner and advised “the plumber had just called to advise we have a very poor drainage system in the entire house where substantial and important parts of the drainage are missing. Just to mention some of the issue: no vents on showers or toilets, pipes are not placed correct or non-existent, i.e. kitchen sink is not connected vents all inside the house same with ensuite shower. Toilet is not ducted to the septic/damage pipes. Repairs are urgently required as it is a matter of health and affinity of our tenants who had been inhaling the fumes for days now.”
In August 2023, the owner expressed a desire to sell the premises. That is when Barfoot & Thompson was made aware of the fact that the premises did not have a CCC.
In September 2023, work to get the CCC issued commenced.
On 6 th November 2023, the premises was issued with a CCC.
On 15 th November 2023, the tenancy ended. Compensation for unlawful residential premises
The Tribunal may declare any premise to be unlawful residential premises. See section 77(2)(ac) Residential Tenancies Act 1986 (RTA). Residential premises are unlawful if they cannot be lawfully occupied for residential purposes, and the landlord has caused or contributed to the unlawful occupation by failing to comply with sections 36 or 45(1)(c) RTA. See section 78A(2) RTA.
Where the Tribunal declares the residential premises to be unlawful, the Tribunal may order the return of all rent paid by the tenant, although it may deduct an amount from that sum if, in the special circumstances of the case, it would be fair to do so. The Tribunal may also make a work order requiring the landlord to remove any impediment to lawful occupation or to comply with any building, health or safety requirements. The Tribunal may make any of these orders on its own initiative, even if the tenant has not applied for a particular order. See sections 78A(3)(a), (4) and (5) RTA.
There was no dispute that the premises did not have CCC when the premises was initially rented out.
I find that the premises should have never been rented out without having a CCC. Although the premises became HHS compliant, CCC is required to be the base of all residential tenancies.
I order the landlord to refund the tenant $34,000.00 of rent. This is calculated at $500.00 per week for 68 weeks between 15 th July 2022 and 6 th November 2023.
I have allowed the landlord the rent of $110.00 per week due to the special circumstances of the case, that it would be fair to allow for some deduction for the fact that the premises was HHS compliant. I also note that the owner’s deceased husband was responsible for the premises being rented out without the CCC and not the current owner. Exemplary damages for HHS and non-compliance
Under section 45 RTA, a landlord must comply with any relevant enactment in relation to buildings, health and safety and HHS.
Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A RTA.
I find that the landlord has intentionally failed to obtain a CCC for the premises. The building was moved onto the site and the plumbing and the electrical work must have been done on site.
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) RTA.
The plumbing was a health and safety issue for the tenant. The electrical work was a fire hazard. It was sheer luck that nothing more disastrous occurred at the premises. There is public interest in denouncing this conduct and ensuring that landlords never rent out premises that does not have CCC.
I do not award any exemplary damages for HHS as I have found that it was HHS compliant.
I order the landlord to pay the tenant $2,500.00 in exemplary damages for renting out the premises without having a CCC. Filing fee reimbursement
Because the tenant has wholly succeeded with the claim, I order the landlord to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4774762 — net $36,520.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: refund of rent	$34,000.00	refund of rent
Exemplary damages: Lack of CCC	$2,500.00	Lack of CCC
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$36,520.44
Total payable by Landlord to Tenant	$36,520.44

Order

This order replaces the original order dated 2 nd October 2024.
must pay immediately, as per below.

Reasons

Both parties attended the hearing on 23 rd September 2024. The tenant attended in person. Andrew Holgate appeared on behalf of the owner Wilhelmina Broekhoff. Sonia Martinez attended on behalf of Barfoot & Thompson.
The tenant sought refund of the rent, exemplary damages for the premises not meeting Healthy Homes Standards (HHS) and the premises being non- compliant with the buildings, health and safety under the required enactments.
The primary ground of this application was that the building did not have a Code Compliance Certificate (CCC) until 6 th November 2023, 9 days before the end of the tenancy. Background
The tenancy was from 15 th July 2022 to 15 th November 2023.
On 15 th July 2021, Barfoot & Thompson was signed up to manage the premises. The owner did not mention that the premises did not have a CCC.
In the same month, HHS assessment was completed. The premises failed the HHS assessment and required the heating, ventilation and draught stopping to be remedied.
From September 2021 to June 2022, the premises was tenanted with another tenant. During that time, a heat pump was installed.
From 15 th July 2022, the tenant began his tenancy. In the same month, the ventilation and draught stopping work began to make the premises HHS compliant.
Although work was done for HHS compliance, no final assessment took place to confirm that the premises was actually compliant with HHS. However, I am satisfied that the premises would have been HHS compliant at this stage.
However, the premises had issues with the plumbing and electrical work throughout the tenancy. The tenant raised issues with the premises smelling foul and all the light bulbs blowing out.
To investigate the issues raised, Barfoot & Thompson engaged plumbers and electricians. It was discovered that both the plumbing and the electrical works seemed to have been done by non-professionals.
There was an invoice dated 11 April 2023 from Astro Electrical Services Ltd that stated “the wiring at this property is an electrical and fire hazard due to the numerous electrical issues found while onsite. Multiple blow marks in the switchboard including appliance wiring used as installing wiring. Loose terminations at switches with twin and earth used as a strap. Poor connections of fittings etc. Highly recommend re wiring and retermination of all electrical fittings in the property. Including full switchboard upgrade. Wiring does not seem to have been done by an electrician.”
On 13 th June 2023, a plumber from Mr Walker Electrical and Plumbing attended the site and found the terminal vent had been cut off, both kitchen sinks were leaking/flooding the cupboard with incorrect plumbing, the main bathroom stunk of drainage, and the basin was leaking, along with an incorrect pan connector used to connect the toilet to the main drain, so the smell was pouring out of that connection, and the basin in the main ensuite had incorrect plumbing as well, which was also venting the drain into the house. The laundry also had no trap and was venting the drain into the dining area adjacent.
On the same day, Barfoot & Thompson emailed the owner and advised “the plumber had just called to advise we have a very poor drainage system in the entire house where substantial and important parts of the drainage are missing. Just to mention some of the issue: no vents on showers or toilets, pipes are not placed correct or non-existent, i.e. kitchen sink is not connected vents all inside the house same with ensuite shower. Toilet is not ducted to the septic/damage pipes. Repairs are urgently required as it is a matter of health and affinity of our tenants who had been inhaling the fumes for days now.”
In August 2023, the owner expressed a desire to sell the premises. That is when Barfoot & Thompson was made aware of the fact that the premises did not have a CCC.
In September 2023, work to get the CCC issued commenced.
On 6 th November 2023, the premises was issued with a CCC.
On 15 th November 2023, the tenancy ended. Compensation for unlawful residential premises
The Tribunal may declare any premise to be unlawful residential premises. See section 77(2)(ac) Residential Tenancies Act 1986 (RTA). Residential premises are unlawful if they cannot be lawfully occupied for residential purposes, and the landlord has caused or contributed to the unlawful occupation by failing to comply with sections 36 or 45(1)(c) RTA. See section 78A(2) RTA.
Where the Tribunal declares the residential premises to be unlawful, the Tribunal may order the return of all rent paid by the tenant, although it may deduct an amount from that sum if, in the special circumstances of the case, it would be fair to do so. The Tribunal may also make a work order requiring the landlord to remove any impediment to lawful occupation or to comply with any building, health or safety requirements. The Tribunal may make any of these orders on its own initiative, even if the tenant has not applied for a particular order. See sections 78A(3)(a), (4) and (5) RTA.
There was no dispute that the premises did not have CCC when the premises was initially rented out.
I find that the premises should have never been rented out without having a CCC. Although the premises became HHS compliant, CCC is required to be the base of all residential tenancies.
I order the landlord to refund the tenant $34,000.00 of rent. This is calculated at $500.00 per week for 68 weeks between 15 th July 2022 and 6 th November 2023.
I have allowed the landlord the rent of $110.00 per week due to the special circumstances of the case, that it would be fair to allow for some deduction for the fact that the premises was HHS compliant. I also note that the owner’s deceased husband was responsible for the premises being rented out without the CCC and not the current owner. Exemplary damages for HHS and non-compliance
Under section 45 RTA, a landlord must comply with any relevant enactment in relation to buildings, health and safety and HHS.
Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A RTA.
I find that the landlord has intentionally failed to obtain a CCC for the premises. The building was moved onto the site and the plumbing and the electrical work must have been done on site.
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) RTA.
The plumbing was a health and safety issue for the tenant. The electrical work was a fire hazard. It was sheer luck that nothing more disastrous occurred at the premises. There is public interest in denouncing this conduct and ensuring that landlords never rent out premises that does not have CCC.
I do not award any exemplary damages for HHS as I have found that it was HHS compliant.
I order the landlord to pay the tenant $2,500.00 in exemplary damages for renting out the premises without having a CCC. Filing fee reimbursement
Because the tenant has wholly succeeded with the claim, I order the landlord to reimburse the filing fee.

Tenancy Tribunal case 4774762 — Exemplary damages at 878 West Coast Road, Waiatarua, Auckland 0604

At a glance

Tenancy Tribunal case 4774762 — Exemplary damages at 878 West Coast Road, Waiatarua, Auckland 0604

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