What was the outcome of Tenancy Tribunal case 4845883?

The tribunal order states: The tenant’s application is dismissed.

How much money was awarded in case 4845883?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4845883?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4845883?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10509510-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4845883?

The tribunal order states: The tenant’s application is dismissed.

How much money was awarded in case 4845883?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4845883?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4845883?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10509510-Tenancy_Tribunal_Order.pdf.

34A West View Road, Westmere, Auckland 1022 Tenancy Tribunal Case 4845883 — Healthy homes

Order

The tenant’s application is dismissed.

Reasons

Both parties attended the hearing.
This claim concerns the rental of an original workers cottage in Westmere. The property has been divided into two flats, one of which was rented to Ms Wright.
The tenancy began on 19 January 2022 and ended on 20 April 2024. The Tenant’s claim – Breach of Healthy Homes Standards
Ms Wright filed an application on 29 March 2024, just prior to the end of the tenancy, claiming that the landlords have breached their 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).
Compliance dates for the HHS vary depending on the tenancy. For private rentals: a. For private rentals i. If the tenancy commenced between 1 July 2021 and before 28 August 2022, the rental must comply within 90 days of the commencement of any new or renewed tenancy; or ii. If the tenancy commenced between 28 August 2022 but before 3 March 2025, the rental must comply within 120 days of the commencement of any new or renewed tenancy. iii. All private rentals must comply by 1 July 2025.
The compliance date for this tenancy was therefore 90 days after the commencement of the tenancy, being 19 April 2022.
Ms Wright claims that the landlords failed to comply with the draft stopping standard. The draught stopping standard requires that residential premises be free from unreasonable gaps and holes that are not an intentional part of the building, which allow draughts to arise.
Ms Wright explained that there was a gap around the front door and gaps between and around the louvre windows in both the bedroom and the bathroom. She said that the gaps made the property draughty and cold and her health was affected.
Ms Wright explained further that in winter she resorted to sealing the windows in the bedroom herself with caravan window seals, blu-tak and tape.
The landlord said that they had checked all of the door and windows when they completed the Healthy Homes compliance section of the tenancy agreement and did not consider that there were any unreasonable gaps.
The landlord said that when Ms Wright raised the issue of gaps early on in the tenancy on 25 February 2023, they went over and replaced the existing weathering strips on 25 March 2023. They said that Ms Wright did not raise the issue again until 10 months later, on 24 January 2024, in the context of other issues regarding the deck and neighbouring cats (which are not relevant to this claim) and gave notice shortly afterwards.
I was provided with email correspondence between the parties confirming the dates above.

Was the property free from unreasonable gaps and holes?

The relevant date for determination is after 19 April 2024 as this is the compliance date.
The parties have both provided photos of the gaps towards the end and just following the tenancy.
Ms Wright provided photos of the gaps taken shortly before she moved out the property. The photos show: a. There is a gap at the edge of the base of the front door; b. There is a gap as the side of the front door; c. There are gaps at the sides of the louvre windows in the bedrooms; and d. There are gaps between the louvre windows in the bathroom and a larger gap at the edge on one side.
The landlord provided photos taken just after Ms Wright moved out, in the same position as Ms Wright’s photos but with a tape measure positioned against each gap. The landlord also produced further photos showing the current state of the gaps following additional steps taken following the tenancy, but these are not relevant to my enquiry.
The landlord’s photos show: a. There is a small gap at the base of the front door as the weathering strip does not quite meet the edge of the door on the opening side (approximately 3mm gap); b. There is a gap at the edge of the front door (approximately 3mm); c. There are weathering strips between the louvres in the bedroom which appear to all fit tightly but there are small gaps at the very edges of some louvres, between 3mm and 6mm; d. The louvre windows in the bathroom close completely and there is a small gap on one side at the edge of approximately 2mm.
The draught stopping standard is in my view the most difficult Healthy Homes standard to assess because, unlike the heating and insulation standards which have prescribed and measurable minimum standards, the test for draught stopping recognises that there will inevitably be some gaps in windows and doors, and simply prescribes that the property should free from “unreasonable gaps”.
As neither party provided a Healthy Homes inspection report (or other evidence such as a builder’s report) the task falls to me to determine whether the gaps were unreasonable on the basis of the evidence before me.
The healthy homes standards draught stopping guidance document 1 provides some assistance in determining whether a gap is unreasonable. The following factors should be considered: a. The size and location of the gap or hole; b. The extent of the draught that is allowed through the gap or hole; c. The extent of the total draught that occurs through the gap or holes if there is more of one at the premises. 1 Published November 2022 (TEN 8113) and available as a link from www.tenancy.govt.nz/healthy- homes/draught/
The guide also provides that: a. As a rule of thumb gaps with a width greater than 3mm in or around windows and doors that let air into or out of the home will usually require blocking; and b. there may however be gaps that allow for operation of the window and to allow the window or door to change size due to humidity and temperature changes throughout the year.
Having carefully considered all of the evidence I consider that the tenant has not proved that the property had unreasonable gaps for the following reasons: a. Door: The gap at the side of the door is within acceptable limits and the gap at the edge of the door stop on one side is very small and the extent of any draught would have been minor. b. Windows: These are louvre windows and so naturally have some gaps as part of their normal operation. From the evidence before me the louvres appear to close tightly without gaps in both the bedroom and the bathroom. In my view the 3mm rule of thumb assumes a gap all the way along the window, or at least for a significant portion. In this case there were some slightly larger than 3mm gaps at the edge of some louvres in the bedroom but only at the very edge of the window and so the gaps themselves were fairly negligible.
If follows that the landlord is not in breach of the Healthy Homes draught stopping standards and the tenant’s claim is dismissed.

Order

The tenant’s application is dismissed.

Reasons

Both parties attended the hearing.
This claim concerns the rental of an original workers cottage in Westmere. The property has been divided into two flats, one of which was rented to Ms Wright.
The tenancy began on 19 January 2022 and ended on 20 April 2024. The Tenant’s claim – Breach of Healthy Homes Standards
Ms Wright filed an application on 29 March 2024, just prior to the end of the tenancy, claiming that the landlords have breached their 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).
Compliance dates for the HHS vary depending on the tenancy. For private rentals: a. For private rentals i. If the tenancy commenced between 1 July 2021 and before 28 August 2022, the rental must comply within 90 days of the commencement of any new or renewed tenancy; or ii. If the tenancy commenced between 28 August 2022 but before 3 March 2025, the rental must comply within 120 days of the commencement of any new or renewed tenancy. iii. All private rentals must comply by 1 July 2025.
The compliance date for this tenancy was therefore 90 days after the commencement of the tenancy, being 19 April 2022.
Ms Wright claims that the landlords failed to comply with the draft stopping standard. The draught stopping standard requires that residential premises be free from unreasonable gaps and holes that are not an intentional part of the building, which allow draughts to arise.
Ms Wright explained that there was a gap around the front door and gaps between and around the louvre windows in both the bedroom and the bathroom. She said that the gaps made the property draughty and cold and her health was affected.
Ms Wright explained further that in winter she resorted to sealing the windows in the bedroom herself with caravan window seals, blu-tak and tape.
The landlord said that they had checked all of the door and windows when they completed the Healthy Homes compliance section of the tenancy agreement and did not consider that there were any unreasonable gaps.
The landlord said that when Ms Wright raised the issue of gaps early on in the tenancy on 25 February 2023, they went over and replaced the existing weathering strips on 25 March 2023. They said that Ms Wright did not raise the issue again until 10 months later, on 24 January 2024, in the context of other issues regarding the deck and neighbouring cats (which are not relevant to this claim) and gave notice shortly afterwards.
I was provided with email correspondence between the parties confirming the dates above.

Was the property free from unreasonable gaps and holes?

The relevant date for determination is after 19 April 2024 as this is the compliance date.
The parties have both provided photos of the gaps towards the end and just following the tenancy.
Ms Wright provided photos of the gaps taken shortly before she moved out the property. The photos show: a. There is a gap at the edge of the base of the front door; b. There is a gap as the side of the front door; c. There are gaps at the sides of the louvre windows in the bedrooms; and d. There are gaps between the louvre windows in the bathroom and a larger gap at the edge on one side.
The landlord provided photos taken just after Ms Wright moved out, in the same position as Ms Wright’s photos but with a tape measure positioned against each gap. The landlord also produced further photos showing the current state of the gaps following additional steps taken following the tenancy, but these are not relevant to my enquiry.
The landlord’s photos show: a. There is a small gap at the base of the front door as the weathering strip does not quite meet the edge of the door on the opening side (approximately 3mm gap); b. There is a gap at the edge of the front door (approximately 3mm); c. There are weathering strips between the louvres in the bedroom which appear to all fit tightly but there are small gaps at the very edges of some louvres, between 3mm and 6mm; d. The louvre windows in the bathroom close completely and there is a small gap on one side at the edge of approximately 2mm.
The draught stopping standard is in my view the most difficult Healthy Homes standard to assess because, unlike the heating and insulation standards which have prescribed and measurable minimum standards, the test for draught stopping recognises that there will inevitably be some gaps in windows and doors, and simply prescribes that the property should free from “unreasonable gaps”.
As neither party provided a Healthy Homes inspection report (or other evidence such as a builder’s report) the task falls to me to determine whether the gaps were unreasonable on the basis of the evidence before me.
The healthy homes standards draught stopping guidance document 1 provides some assistance in determining whether a gap is unreasonable. The following factors should be considered: a. The size and location of the gap or hole; b. The extent of the draught that is allowed through the gap or hole; c. The extent of the total draught that occurs through the gap or holes if there is more of one at the premises. 1 Published November 2022 (TEN 8113) and available as a link from www.tenancy.govt.nz/healthy- homes/draught/
The guide also provides that: a. As a rule of thumb gaps with a width greater than 3mm in or around windows and doors that let air into or out of the home will usually require blocking; and b. there may however be gaps that allow for operation of the window and to allow the window or door to change size due to humidity and temperature changes throughout the year.
Having carefully considered all of the evidence I consider that the tenant has not proved that the property had unreasonable gaps for the following reasons: a. Door: The gap at the side of the door is within acceptable limits and the gap at the edge of the door stop on one side is very small and the extent of any draught would have been minor. b. Windows: These are louvre windows and so naturally have some gaps as part of their normal operation. From the evidence before me the louvres appear to close tightly without gaps in both the bedroom and the bathroom. In my view the 3mm rule of thumb assumes a gap all the way along the window, or at least for a significant portion. In this case there were some slightly larger than 3mm gaps at the edge of some louvres in the bedroom but only at the very edge of the window and so the gaps themselves were fairly negligible.
If follows that the landlord is not in breach of the Healthy Homes draught stopping standards and the tenant’s claim is dismissed.

Tenancy Tribunal case 4845883 — Healthy homes at 34A West View Road, Westmere, Auckland 1022

At a glance

Tenancy Tribunal case 4845883 — Healthy homes at 34A West View Road, Westmere, Auckland 1022

At a glance

Claims & awards

Order

Reasons

Was the property free from unreasonable gaps and holes?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Was the property free from unreasonable gaps and holes?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions