What was Tenancy Tribunal case 4939600 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4939600?

Filing Fee: $27.00 awarded to tenant; Weeks: $2,550.00 awarded to tenant

What type of tenancy dispute was case 4939600?

The dispute type was not classified.

Where can I read the official tribunal order for case 4939600?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11154749-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4939600 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4939600?

Filing Fee: $27.00 awarded to tenant; Weeks: $2,550.00 awarded to tenant

What type of tenancy dispute was case 4939600?

The dispute type was not classified.

Where can I read the official tribunal order for case 4939600?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11154749-Tribunal_Order_Redacted.pdf.

Unit/Flat 1, 598A Fergusson Drive, Trentham, Upper Hutt Tenancy Tribunal Case 4939600 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4939600 — net $2,577.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
weeks	$2,550.00	weeks
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,577.00
Total payable by Landlord to Tenant	$2,577.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
Rentcare Property Management Limited must pay [The tenant/s] $2,577.00 immediately, calculated as shown in table below:
Rentcare Property Management Limited must have an independent Healthy Homes Assessment completed at the tenancy premises and this must be completed by 20 December 2024.
BY CONSENT - Rentcare Property Management Limited must make arrangements for a tradesperson to check the drainage system and carry out any work required to make sure the drain outside the house by the driveway stops overflowing when it rains and this must be completed by 20 December 2024.
All other claims are dismissed.

Reasons

Both parties attended the hearing.
This application relates to a current tenancy. The tenant is concerned that the house is not healthy homes compliant. He has also asked for work orders. The questions I have to decide include: • Is there a need for repairs? • Does the house comply with the Healthy Homes Standards? • Should the tenant get compensation? • Is the tenant paying market rent?

Is there a need for repairs?

The tenant claims that the landlord did not carry out repairs at the house. The tenant wants the problems fixed. Under section 45(1)(a) - (ca) Residential Tenancies Act 1986 (RTA), the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements. Where the Tribunal finds the landlord has failed to comply with any of these obligations, it may make an order for the landlord to carry out the work. See section 78(1)(e) RTA.
Since the application was filed the landlord has carried out repairs to the back fence, removed the hedge, fixed the front door lock and repaired the back door lock. I saw photos at the hearing. I am not persuaded further work orders need to be made for these.
The landlord has agreed to have the drain at the side of the house by the driveway checked because that drain is still overflowing when it rains and floods the driveway where the tenant is allowed to park his car. The landlord thought this problem had been resolved and is happy to have the drains checked again. The work order is made by consent.

Does the house comply with the Healthy Homes Standards?

The tenancy premises should comply with the Healthy Homes Standards. All residential premises must be insulated and the insulation must be in reasonable condition. The ventilation standard requires that each kitchen has an extractor fan 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. The moisture ingress and drainage standard requires residential tenancies to have efficient systems to drain storm water, surface water and ground water, and that includes gutters, downpipes and drains. See section 45(1)(bb) RTA which requires compliance Residential Tenancies (Healthy Homes Standards) 2019 (HHS).
The tenant was given a report carried out by [the assessor] as part of the tenancy agreement. Both parties have subsequently found out that the report was not accurate. I was given a copy of an email from [the assessor] to the landlord dated 20 June 2024 which states: During the latest assessment the kitchen rangehood was seen to not be vented to the exterior. The original report may have mistakenly stated as vented to the exterior. As for the insulation in the ceiling, at the time of the original assessment it likely was compliant however currently it is not, as per photos.
The landlord said once it received notice about the original HHS report it arranged for remedial work to be carried out at the tenancy premises. This work included a new extractor fan, the gaps in the insulation removed, the drainage resolved, the gutters cleared, and the draughts stopped. The landlord did not provide me with any invoices to support the submission the house now complies with the HHS.
The tenant is grateful for all the work that has been completed, but he is still concerned about draughts and the drain at the side of the house by the driveway. He wants an independent HHS report to be completed.
A new HHS report seems reasonable to me. The landlord must arrange for a new HHS report to check current compliance and give a copy to the tenant.

Should the tenant get compensation?

The tenant has applied for compensation because the house has been cold and his children get sick when they stay with him. He said his power bills have been higher than usual.
The landlord submitted it should not have to pay compensation because it was entitled to rely on the first HHS report written by [the assessor] and had done nothing wrong. I accept the landlord was entitled to rely on the report, however there has been a loss of amenity for the tenant. He has been paying rent for a house that is HHS compliant, when this was not the reality. The extractor fan did not vent to the outside. Given the issues with insulation and draught stopping it seems most likely to me there have been increased heating costs. There has also been stress and frustration, and additional time communicating with the landlord.
I find compensation in the amount of $30 a week to be fair. This is allowed from the start of the tenancy to the start of November 2024. The tenant’s information about draughts was not clear and so the start of November is a reasonable end date.

Is the tenant paying market rent?

The rent for most of the tenancy has been $555 a week. The rent increased in June 2024 to $605 a week. The tenant has applied for a market rent assessment because he thinks his rent is too high. Sections 25(1) and (3) RTA provide: (1) On an application made to it at any time by the tenant, the Tribunal may, ... on being satisfied that the rent payable ... exceeds the market rent by a substantial amount, make an order reducing the rent to an amount, to be specified in the order, that is in line with the market rent. (3) For the purposes of this Act, the market rent for any tenancy shall be the rent that, without regard to the personal circumstances of the landlord or the tenant, a willing landlord might reasonably expect to receive and a willing tenant might reasonably expect to pay for the tenancy, taking into consideration the general level of rents ... for comparable tenancies of comparable premises in the locality or in similar localities and such other matters as the Tribunal considers relevant.
The test for market rent is the amount “a willing landlord might reasonably expect to receive and a willing tenant might reasonably expect to pay for the tenancy”. The factors the Tribunal may have regard to are “the general level of rents ... for comparable tenancies of comparable premises in the locality or in similar localities and such other matters as the Tribunal considers relevant”. The tenant must prove on the balance of probabilities that the rent exceeds market rent by a “substantial amount”.
The tenant did not provide any evidence at all in support of his claim. Tenants usually provide photos of the house and section to show the condition of the property. This is relevant because the 'market rent' statistics published by Tenancy Services include rents for upper and lower quartile tenancy premises, so it is important to be able to compare the tenancy premises with other properties for rent in the area. I find the tenant has not proved his claim, and it is dismissed. Other orders
Because the tenant has substantially succeeded with the claim, I have reimbursed the filing fee.
The tenant’s application for suppression is allowed because the tenant is the most successful party. The landlord’s name will be published because there is public interest when landlords have to pay compensation. See section 95A RTA.

Claims and awards in Tenancy Tribunal application 4939600 — net $2,577.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
weeks	$2,550.00	weeks
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,577.00
Total payable by Landlord to Tenant	$2,577.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
Rentcare Property Management Limited must pay [The tenant/s] $2,577.00 immediately, calculated as shown in table below:
Rentcare Property Management Limited must have an independent Healthy Homes Assessment completed at the tenancy premises and this must be completed by 20 December 2024.
BY CONSENT - Rentcare Property Management Limited must make arrangements for a tradesperson to check the drainage system and carry out any work required to make sure the drain outside the house by the driveway stops overflowing when it rains and this must be completed by 20 December 2024.
All other claims are dismissed.

Reasons

Both parties attended the hearing.
This application relates to a current tenancy. The tenant is concerned that the house is not healthy homes compliant. He has also asked for work orders. The questions I have to decide include: • Is there a need for repairs? • Does the house comply with the Healthy Homes Standards? • Should the tenant get compensation? • Is the tenant paying market rent?

Is there a need for repairs?

The tenant claims that the landlord did not carry out repairs at the house. The tenant wants the problems fixed. Under section 45(1)(a) - (ca) Residential Tenancies Act 1986 (RTA), the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements. Where the Tribunal finds the landlord has failed to comply with any of these obligations, it may make an order for the landlord to carry out the work. See section 78(1)(e) RTA.
Since the application was filed the landlord has carried out repairs to the back fence, removed the hedge, fixed the front door lock and repaired the back door lock. I saw photos at the hearing. I am not persuaded further work orders need to be made for these.
The landlord has agreed to have the drain at the side of the house by the driveway checked because that drain is still overflowing when it rains and floods the driveway where the tenant is allowed to park his car. The landlord thought this problem had been resolved and is happy to have the drains checked again. The work order is made by consent.

Does the house comply with the Healthy Homes Standards?

The tenancy premises should comply with the Healthy Homes Standards. All residential premises must be insulated and the insulation must be in reasonable condition. The ventilation standard requires that each kitchen has an extractor fan 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. The moisture ingress and drainage standard requires residential tenancies to have efficient systems to drain storm water, surface water and ground water, and that includes gutters, downpipes and drains. See section 45(1)(bb) RTA which requires compliance Residential Tenancies (Healthy Homes Standards) 2019 (HHS).
The tenant was given a report carried out by [the assessor] as part of the tenancy agreement. Both parties have subsequently found out that the report was not accurate. I was given a copy of an email from [the assessor] to the landlord dated 20 June 2024 which states: During the latest assessment the kitchen rangehood was seen to not be vented to the exterior. The original report may have mistakenly stated as vented to the exterior. As for the insulation in the ceiling, at the time of the original assessment it likely was compliant however currently it is not, as per photos.
The landlord said once it received notice about the original HHS report it arranged for remedial work to be carried out at the tenancy premises. This work included a new extractor fan, the gaps in the insulation removed, the drainage resolved, the gutters cleared, and the draughts stopped. The landlord did not provide me with any invoices to support the submission the house now complies with the HHS.
The tenant is grateful for all the work that has been completed, but he is still concerned about draughts and the drain at the side of the house by the driveway. He wants an independent HHS report to be completed.
A new HHS report seems reasonable to me. The landlord must arrange for a new HHS report to check current compliance and give a copy to the tenant.

Should the tenant get compensation?

The tenant has applied for compensation because the house has been cold and his children get sick when they stay with him. He said his power bills have been higher than usual.
The landlord submitted it should not have to pay compensation because it was entitled to rely on the first HHS report written by [the assessor] and had done nothing wrong. I accept the landlord was entitled to rely on the report, however there has been a loss of amenity for the tenant. He has been paying rent for a house that is HHS compliant, when this was not the reality. The extractor fan did not vent to the outside. Given the issues with insulation and draught stopping it seems most likely to me there have been increased heating costs. There has also been stress and frustration, and additional time communicating with the landlord.
I find compensation in the amount of $30 a week to be fair. This is allowed from the start of the tenancy to the start of November 2024. The tenant’s information about draughts was not clear and so the start of November is a reasonable end date.

Is the tenant paying market rent?

The rent for most of the tenancy has been $555 a week. The rent increased in June 2024 to $605 a week. The tenant has applied for a market rent assessment because he thinks his rent is too high. Sections 25(1) and (3) RTA provide: (1) On an application made to it at any time by the tenant, the Tribunal may, ... on being satisfied that the rent payable ... exceeds the market rent by a substantial amount, make an order reducing the rent to an amount, to be specified in the order, that is in line with the market rent. (3) For the purposes of this Act, the market rent for any tenancy shall be the rent that, without regard to the personal circumstances of the landlord or the tenant, a willing landlord might reasonably expect to receive and a willing tenant might reasonably expect to pay for the tenancy, taking into consideration the general level of rents ... for comparable tenancies of comparable premises in the locality or in similar localities and such other matters as the Tribunal considers relevant.
The test for market rent is the amount “a willing landlord might reasonably expect to receive and a willing tenant might reasonably expect to pay for the tenancy”. The factors the Tribunal may have regard to are “the general level of rents ... for comparable tenancies of comparable premises in the locality or in similar localities and such other matters as the Tribunal considers relevant”. The tenant must prove on the balance of probabilities that the rent exceeds market rent by a “substantial amount”.
The tenant did not provide any evidence at all in support of his claim. Tenants usually provide photos of the house and section to show the condition of the property. This is relevant because the 'market rent' statistics published by Tenancy Services include rents for upper and lower quartile tenancy premises, so it is important to be able to compare the tenancy premises with other properties for rent in the area. I find the tenant has not proved his claim, and it is dismissed. Other orders
Because the tenant has substantially succeeded with the claim, I have reimbursed the filing fee.
The tenant’s application for suppression is allowed because the tenant is the most successful party. The landlord’s name will be published because there is public interest when landlords have to pay compensation. See section 95A RTA.

Tenancy Tribunal case 4939600 — Tenancy dispute at Unit/Flat 1, 598A Fergusson Drive, Trentham, Upper Hutt

At a glance

Tenancy Tribunal case 4939600 — Tenancy dispute at Unit/Flat 1, 598A Fergusson Drive, Trentham, Upper Hutt

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Is there a need for repairs?

Does the house comply with the Healthy Homes Standards?

Should the tenant get compensation?

Is the tenant paying market rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Is there a need for repairs?

Does the house comply with the Healthy Homes Standards?

Should the tenant get compensation?

Is the tenant paying market rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions