What was Tenancy Tribunal case 4867740 about?

The tribunal order states: Aisha Ah Mu must pay [The landlord/s] $1,101.86 immediately, calculated as

How much money was awarded in case 4867740?

Cleaning: $450.00 awarded to landlord; Cleaning: $240.00 awarded to landlord; Rent Arrears: $1,672.86 awarded to landlord; Garage Door (Agreed Estimate: $200.00 awarded to landlord; Rubbish Removal: $189.00 awarded to landlord

What type of tenancy dispute was case 4867740?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 4867740?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10864578-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4867740 about?

The tribunal order states: Aisha Ah Mu must pay [The landlord/s] $1,101.86 immediately, calculated as

How much money was awarded in case 4867740?

Cleaning: $450.00 awarded to landlord; Cleaning: $240.00 awarded to landlord; Rent Arrears: $1,672.86 awarded to landlord; Garage Door (Agreed Estimate: $200.00 awarded to landlord; Rubbish Removal: $189.00 awarded to landlord

What type of tenancy dispute was case 4867740?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 4867740?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10864578-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4867740 — Rent arrears

Claims and awards in Tenancy Tribunal application 4867740 — net $1,101.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,672.86	Rent arrears
Carpet Cleaning: and walls	$450.00	Carpet Cleaning: and walls
Cleaning: including oven (at /hour	$240.00	Cleaning: including oven (at /hour
Rubbish removal: skip removal	$189.00	Rubbish removal: skip removal
Repairs: Garage door (agreed estimate	$200.00	Repairs: Garage door (agreed estimate
Net award	$1,101.86
Total payable by Tenant to Landlord	$1,101.86

Order

Aisha Ah Mu must pay [The landlord/s] $1,101.86 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,650.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All other claims are dismissed or were withdrawn during the hearing.

Reasons

Both parties attended the hearing.
The landlord initially applied for termination for rent arrears, but the tenancy ended on 11 May 2024, so this application was no longer relevant.
The landlord applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant claimed for landlord breaches of the Healthy Homes Standards, breaches of the landlord’s obligations to allow tenants quiet enjoyment of the premises, breaches of the obligation to maintain the premises and reimbursement of the filing fee.
The tenant accepted several of the landlord’s claims immediately.
Once the parties had listened to the other’s point of view, the tenant withdrew some of her claims and the landlord then did the same.
The tenant’s claims for breaches of quiet enjoyment and failure to maintain were withdrawn at the hearing.
Landlord claims for compensation for carpet damage, wall damage and additional rubbish removal were withdrawn at the hearing.

How much is owed for rent?

The tenancy ended on 11 May 2024. The landlord provided oral evidence of the amount owing at the end of the tenancy ($1,672.86) and the tenant accepted the amount was accurate.
The amount ordered is accepted by the tenant.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy in all respects and did not remove all rubbish.
The landlord provided photographs (immediately after the hearing) and an invoice to show that the carpets and walls were left marked.
Some marks were able to be removed by an initial spot clean by a professional cleaner. An invoice was provided to support this claim ($450.00) and the tenant accepted responsibility for this amount.
The landlord provided oral evidence that some other cleaning was required following the end of the tenancy (including the oven) and the landlord said that she had spent eight hours cleaning. The tenant accepted liability for this cleaning, but I have reduced that amount claimed to $30.00 per hour for the landlord’s time which I consider reasonable.
The tenant had arranged a skip when she was moving out and had not had the skip removed. The tenant accepted responsibility for the cost of removal of the skip ($189.00).
The amounts ordered are accepted by the tenant.

Is the tenant responsible for the damage to the premises?

The tenant accepted that damage had been done to the garage door during the tenancy and that it was more than fair wear and tear.
The parties agreed that a reasonable amount to compensate for the damage (in the absence of any evidence) was $200.00 and the tenant accepted liability for that amount.
The amount ordered is accepted by the tenant.

Is the landlord in breach of the Healthy Homes Requirements?

Aisha Ah Mu 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). Aisha Ah Mu considers that the landlord has failed to comply with the HHS heating standard, the HHS ventilation standard and the HHS draught stopping standard.
Compliance dates for the HHS vary depending on the tenancy: 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 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 ventilation standard sets out minimum expectations around windows and doors, and in particular the area of doors and windows that are openable. The standard also requires that each kitchen and bathroom have extractor fans installed with a minimum defined extraction capacity.
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.
The HHS does provide exemptions in specific circumstances.
Breaching 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).
The landlord purchased the property in 2019 and at that time she was told that the property had to comply with insulation standards and that it did comply.
She was unaware that the requirements had changed, and she believed, at the beginning of this tenancy, that the property did comply with the existing obligations.
She acknowledged that she should have made further inquiries and kept herself informed of any changes to the requirements (noting that English is not her first language and information about the changes may not have come to her attention easily due to that).
Towards the end of the tenancy the landlord had a conversation with a friend who advised her that kitchen ventilation in residential tenancies had to be vented to the outside. She realised that the extraction in the kitchen at this property did not comply and she immediately arranged to have the kitchen extractor replaced with complying ventilation.
The tenant had concerns about draughts under the front door and thought that the pallet fire, although it may have complied, was not cleaned and did not work well until August 2023 when she had it cleaned at her own cost.
The landlord provided a copy of a healthy homes assessment completed in August 2024 (after this tenancy ended) showing that the property complied with all requirements.
She confirmed that no works were required to bring the property up to standard except clearing the gutters (the kitchen fan having already been replaced).
In this case I have determined that the landlord has committed an unlawful act by not complying with the ventilation standards of the HHS.

Should exemplary damages be awarded?

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.
The landlord was not aware that she had to comply with new standards following her purchase of the property and when she was made aware that the kitchen fan did not comply, she immediately had it replaced.
The tenant gave evidence that she was unaware of the non-compliance until after the fan was replaced and she did not have any issue with the fan prior to that so there was no negative effect on her as a consequence of the breach.
Although there is public interest in holding landlords accountable when they do not comply with HHS, I consider that the landlord’s immediate correction of the error, when it was brought to her attention, confirms that she was under the mistaken belief that the property complied with required standards and that, therefore, she did not intentionally breach her obligations.
In those circumstances, I do not consider that it is appropriate to award exemplary damages and no such damages are ordered. Filing fees and name suppression
As both parties have had some success, no costs are awarded either way.
The landlord requested name suppression in her application and as she has been partly successful, suppression has been ordered in her favour.

Claims and awards in Tenancy Tribunal application 4867740 — net $1,101.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,672.86	Rent arrears
Carpet Cleaning: and walls	$450.00	Carpet Cleaning: and walls
Cleaning: including oven (at /hour	$240.00	Cleaning: including oven (at /hour
Rubbish removal: skip removal	$189.00	Rubbish removal: skip removal
Repairs: Garage door (agreed estimate	$200.00	Repairs: Garage door (agreed estimate
Net award	$1,101.86
Total payable by Tenant to Landlord	$1,101.86

Order

Aisha Ah Mu must pay [The landlord/s] $1,101.86 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,650.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All other claims are dismissed or were withdrawn during the hearing.

Reasons

Both parties attended the hearing.
The landlord initially applied for termination for rent arrears, but the tenancy ended on 11 May 2024, so this application was no longer relevant.
The landlord applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant claimed for landlord breaches of the Healthy Homes Standards, breaches of the landlord’s obligations to allow tenants quiet enjoyment of the premises, breaches of the obligation to maintain the premises and reimbursement of the filing fee.
The tenant accepted several of the landlord’s claims immediately.
Once the parties had listened to the other’s point of view, the tenant withdrew some of her claims and the landlord then did the same.
The tenant’s claims for breaches of quiet enjoyment and failure to maintain were withdrawn at the hearing.
Landlord claims for compensation for carpet damage, wall damage and additional rubbish removal were withdrawn at the hearing.

How much is owed for rent?

The tenancy ended on 11 May 2024. The landlord provided oral evidence of the amount owing at the end of the tenancy ($1,672.86) and the tenant accepted the amount was accurate.
The amount ordered is accepted by the tenant.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy in all respects and did not remove all rubbish.
The landlord provided photographs (immediately after the hearing) and an invoice to show that the carpets and walls were left marked.
Some marks were able to be removed by an initial spot clean by a professional cleaner. An invoice was provided to support this claim ($450.00) and the tenant accepted responsibility for this amount.
The landlord provided oral evidence that some other cleaning was required following the end of the tenancy (including the oven) and the landlord said that she had spent eight hours cleaning. The tenant accepted liability for this cleaning, but I have reduced that amount claimed to $30.00 per hour for the landlord’s time which I consider reasonable.
The tenant had arranged a skip when she was moving out and had not had the skip removed. The tenant accepted responsibility for the cost of removal of the skip ($189.00).
The amounts ordered are accepted by the tenant.

Is the tenant responsible for the damage to the premises?

The tenant accepted that damage had been done to the garage door during the tenancy and that it was more than fair wear and tear.
The parties agreed that a reasonable amount to compensate for the damage (in the absence of any evidence) was $200.00 and the tenant accepted liability for that amount.
The amount ordered is accepted by the tenant.

Is the landlord in breach of the Healthy Homes Requirements?

Aisha Ah Mu 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). Aisha Ah Mu considers that the landlord has failed to comply with the HHS heating standard, the HHS ventilation standard and the HHS draught stopping standard.
Compliance dates for the HHS vary depending on the tenancy: 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 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 ventilation standard sets out minimum expectations around windows and doors, and in particular the area of doors and windows that are openable. The standard also requires that each kitchen and bathroom have extractor fans installed with a minimum defined extraction capacity.
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.
The HHS does provide exemptions in specific circumstances.
Breaching 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).
The landlord purchased the property in 2019 and at that time she was told that the property had to comply with insulation standards and that it did comply.
She was unaware that the requirements had changed, and she believed, at the beginning of this tenancy, that the property did comply with the existing obligations.
She acknowledged that she should have made further inquiries and kept herself informed of any changes to the requirements (noting that English is not her first language and information about the changes may not have come to her attention easily due to that).
Towards the end of the tenancy the landlord had a conversation with a friend who advised her that kitchen ventilation in residential tenancies had to be vented to the outside. She realised that the extraction in the kitchen at this property did not comply and she immediately arranged to have the kitchen extractor replaced with complying ventilation.
The tenant had concerns about draughts under the front door and thought that the pallet fire, although it may have complied, was not cleaned and did not work well until August 2023 when she had it cleaned at her own cost.
The landlord provided a copy of a healthy homes assessment completed in August 2024 (after this tenancy ended) showing that the property complied with all requirements.
She confirmed that no works were required to bring the property up to standard except clearing the gutters (the kitchen fan having already been replaced).
In this case I have determined that the landlord has committed an unlawful act by not complying with the ventilation standards of the HHS.

Should exemplary damages be awarded?

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.
The landlord was not aware that she had to comply with new standards following her purchase of the property and when she was made aware that the kitchen fan did not comply, she immediately had it replaced.
The tenant gave evidence that she was unaware of the non-compliance until after the fan was replaced and she did not have any issue with the fan prior to that so there was no negative effect on her as a consequence of the breach.
Although there is public interest in holding landlords accountable when they do not comply with HHS, I consider that the landlord’s immediate correction of the error, when it was brought to her attention, confirms that she was under the mistaken belief that the property complied with required standards and that, therefore, she did not intentionally breach her obligations.
In those circumstances, I do not consider that it is appropriate to award exemplary damages and no such damages are ordered. Filing fees and name suppression
As both parties have had some success, no costs are awarded either way.
The landlord requested name suppression in her application and as she has been partly successful, suppression has been ordered in her favour.

Tenancy Tribunal case 4867740 — Rent arrears

At a glance

Tenancy Tribunal case 4867740 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Is the landlord in breach of the Healthy Homes Requirements?

Should exemplary damages be awarded?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Is the landlord in breach of the Healthy Homes Requirements?

Should exemplary damages be awarded?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions