What was Tenancy Tribunal case 5014388 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 5014388?

Filing Fee: $27.00 awarded to landlord; Previous Order Application 4866002 D…: $20.44 awarded to landlord; Rent Arrears: $10,604.28 awarded to landlord

What type of tenancy dispute was case 5014388?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5014388?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11417645-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5014388 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 5014388?

Filing Fee: $27.00 awarded to landlord; Previous Order Application 4866002 D…: $20.44 awarded to landlord; Rent Arrears: $10,604.28 awarded to landlord

What type of tenancy dispute was case 5014388?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5014388?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11417645-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5014388 — Rent arrears

Claims and awards in Tenancy Tribunal application 5014388 — net $9,271.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 February 2025	$10,604.28	Rent arrears to 13 February 2025
Previous order application 4866002 dated 02/07/2024	$20.44	Previous order application 4866002 dated 02/07/2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,271.72
Total payable by Tenant to Landlord	$9,271.72

Claims and awards in Tenancy Tribunal application 5014388 — net $9,271.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 February 2025	$10,604.28	Rent arrears to 13 February 2025
Previous order application 4866002 dated 02/07/2024	$20.44	Previous order application 4866002 dated 02/07/2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,271.72
Total payable by Tenant to Landlord	$9,271.72

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The tenancy of Deborah Anne Taylor and Judith Taylor at 100 Merewhira Road, Paremoremo, RD 3, Auckland 0793 is terminated, and possession is granted to [The landlord], at 11:59pm on Tuesday 11 February 2025.
The Bond Centre is to pay the bond of $1,380.00 ([Bond number suppressed]) to [The landlord] immediately.
Deborah Anne Taylor and Judith Taylor must pay [The landlord] $9,271.72 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenants did not.
I am satisfied that the tenants have received proper notice of the hearing time, date and place and chose not to attend. The Tribunal tried several times unsuccessfully to reach Deborah Anne Taylor on her mobile phone number and delayed the start of the hearing by 30 minutes to allow time for the tenants to attend the scheduled hearing. The hearing proceeded in their absence.

Who are the parties to this dispute?

There is a note on the tenants’ application that records Deborah Anne Taylor asking the mediator to remove her mother’s name from the proceedings. I have reviewed the tenancy agreement and the bond lodgement form, both of which have both Judith Taylor and Deborah Taylor listed as tenants that are jointly and severally liable for any debts owing to the landlord and for whom the Bond Centre has held their bond on trust.
In joint tenancies, the tenant who is leaving the premise needs written agreement from the landlord and the other tenant(s) to be either removed from the tenancy agreement or replaced with another tenant. The variation must be signed by both the landlord and tenant(s) and state what date it takes effect.
The landlord has confirmed that there was no application by Judith Taylor to be removed from the tenancy agreement and no variation has been agreed or signed by the parties to remove Judith Taylor from the tenancy. Therefore, Judith Taylor remains jointly liable for the $9,271.72 debt owed to the landlord and can be pursued for payment of all or part of this debt. Prior Order
On 2 July 2024 the Tribunal made an order relating to this tenancy issuing a conditional termination of the tenancy, an award of rent arears and reimbursing the filing fee of $20.44. The previous order for application 4866002 is incorporated into this order for enforcement purposes. The amount still owing from this order is $20.44. The parties claims
The tenants have applied for compensation, general damages, exemplary damages and reimbursement of the filing fee.
The landlord has made a cross application for termination, possession, rent arrears, compensation, general damages, exemplary damages and reimbursement of filing fee. LANDLORD’S CLAIMS

Should the tenancy be terminated?

The landlord served a 14-day notice on the tenants on 14 August 2024 requiring the tenants to remedy her recidivist breaches of the tenancy agreement. The tenants did not remedy their rent breaches within the required period and have continued to incur increasing amounts of rent arrears.
The landlord applied for termination of the tenancy and possession, on 26 September 2024, as the rent arrears as at the date of the landlord’s application was $5,665.00.
Therefore, the rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenants were in rent arrears of $10,445.70 as of 11 February 2025.
Section 138(1)(a) of the District Court Act 2016 confirms the landlord cannot, enforce this eviction order for 48 hours, and is unlikely to be able to take possession of the premise until Thursday 13 February 2025. This gives the tenant time to move any belongings out of the premise that they want to retain.
The rent arrears to 13 February 2025 have been awarded to the landlord and the $10,604.28 ordered has been proven by rent records produced by the landlord.

Did the tenants sublet or assign the premise?

[The landlord] claims the tenants have sublet or parted with possession of the premises without their prior written consent.
In the absence of a specific provision in the tenancy agreement prohibiting subletting or parting of possession of the tenancy, a tenant may do so but only with the prior written consent of the landlord. The landlord may not withhold consent unreasonably. See section 44(2) and (3) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 44(2A)(b) and Schedule 1A Residential Tenancies Act 1986.
The landlord says that the tenants have rented out part of the premise to a friend that is building a house and that this friend has confirmed she is paying rent to the tenants and has lived in the premise for well over three months. Further, the landlord says that the tenants have not lived in the house for long periods of time and that this unnamed additional tenant has moved in without the prior written consent of the landlord.
Clause 13(i) of the tenancy agreement states “the tenant shall not assign, sublet or part wit possession of the occupation of the property or any part thereof or of any item included in the inventory or chattels supplied during the term of this agreement”.
Clause 13(k) of the tenancy agreement confirms that the maximum number of persons permitted to occupy the premise is 3 adults and 1 child at any one time.
There is no evidence the tenants have assigned or sublet the premises. The evidence produced by the landlord suggests the tenants have a friend staying with them while her house is being built, and that she is a boarder or flatmate that pays rent to the tenants.
The landlord has proven it has asked for the boarder’s name and contact details for insurance purposes and that the tenants have refused to supply that information. The tenants are not required to provide the names and contact details of a flatmate or boarder, only the names and contact details of any additional tenant the tenants may have wanted added to the tenancy agreement by variation.
I am satisfied that the evidence proves the tenants have not sublet or assigned the tenancy to their boarder/flatmate and dismiss the landlord’s claim for exemplary damages accordingly.

TENANTS CLAIMS

Has the landlord breached its section 45(1 (bb) obligations to the tenant?

The tenants says the landlord has breached its s45(1)(bb) of the RTA obligations to her.
Under section 45(1)(bb) of the RTA, a landlord must also comply with all the healthy homes standards.
Breaching this s45(1) obligation 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 Residential Tenancies Act 1986.
General damages may also be awarded in the form or rent reductions, water rates reductions or compensation for the stress, inconvenience and loss of amenity suffered by the tenant. Healthy Homes Standards Compliance
The tenants claim the landlord has breached its obligations under section 45(1)(bb) of the RTA, which requires compliance with the Residential Tenancies (Healthy Homes Standards) 2019 (HHS).
The Residential Tenancies (Healthy Homes Standards) 2019 (“HHS”) provides for a minimum set of requirements for residential tenancies as it relates to heating, ventilation, insulation, draught stopping, moisture ingress and drainage.
The tenants consider that the landlord has failed to comply with the HHS insulation 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. b. All boarding houses must comply by 1 July 2021. c. All houses rented by Kāinga Ora and registered Community Housing Providers must comply by 1 July 2024.
Tenancies that commenced after 1 July 2019 and before 1 July 2021 are not required to meet all the healthy homes standard until 1 July 2025, but must comply with the Smoke Alarms and Insulation Regulations set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016.
The tenancy agreement commenced on 29 May 2015 and has rolled over into a periodic tenancy but has not been renewed. As such, the landlord was required to comply with the insulation standard by 1 July 2019 and all the remaining healthy homes’ standards by 1 July 2025.
The landlord commissioned a healthy homes assessment report, dated 10 August 2020. This report proves the premise did not comply with the following healthy homes standards at the start of the tenancy: a. No fixed heater that complies with the heating standard; b. No ground moisture barrier; and c. The kitchen extractor fan not externally ventilating.
The landlord has proven a complaint heat pump was installed and the kitchen fan was made compliant on 3 September 2024. It has also proven that it is currently investigating a leaking hot water cylinder and water damage to the floor and that the ground moisture barrier will be installed under the front exterior floor of the premise, post this remedial work being completed.
The tenants say they do not believe that the healthy homes assessment report is accurate and that the rental premise does not meet the healthy homes insulation standard. Insulation Standard
From 1 July 2019, all residential premises must be insulated to a minimum standard. Where the premises were insulated before 1 July 2016, the ceiling insulation must have an R-value of at least 1.9 (or 1.5 for houses of a brick or concrete block construction). The underfloor insulation must have an R-value of at least 0.9. The insulation must be in reasonable condition.
Where insulation is installed after 1 July 2016, the minimum R-value for ceiling insulation is 2.9 in Zones 1 and 2, and 3.3 for Zone 3 (Zone 3 covers the South Island and central North Island). The minimum R-value for underfloor insulation is 1.3.
There are exceptions to these requirements, for example, where it is not reasonably practicable, or where there is a habitable space above or below the ceiling or floor that would otherwise have to be insulated.
Houses constructed between 1978 and 2016 often had draped foil underfloor insulation, which was an acceptable solution for meeting energy efficient requirements in the Building Code. The healthy homes insulation standard permits an exemption to the current insulation standard requirements for foil underfloor insulation that remains in reasonable condition, where the landlord has compliance documents to prove the home was built to meet these requirements of the time.
If the foil underfloor insulation is not in reasonable condition (such as where it is damaged, ripped or no longer shiny) or it doesn’t meet the criteria for an R-value exemption, it needs to be replaced with new underfloor insulation that is not foil and that meets the required minimum R-value. Retrofitting or repairing foil insulation has been prohibited under the Building Act since 1 July 2016 because of the high risk of electric shock.
The landlord has proven the premise was constructed between 1978 and 2016 and that the foil underfloor insulation remains in reasonable condition and the landlord has compliance documents to prove the home was built to meet these requirements of the time.
The landlord has also proven the ceiling insulation is compliant with the current healthy homes insulation standard and that it has an R-value of 2.9 or greater of at least 120mm of segmented glass.
I find the landlord has met the requirements of the healthy homes ceiling and underfloor insulation standard and that it has not breached any of its healthy homes’ standards obligations. In fact, the landlord has proactively taken steps to ensure the premise will be fully compliant with all five of the healthy homes’ standards on or before the 1 July 2025.
The tenants have not disproven any of the landlord’s evidence that proves on the balance of probabilities the premise is compliant with the landlord’s statutory obligations, pursuant to s45(1)(bb) of the RTA, but for the ground moisture barrier which will be installed before 1 July 2025.
The tenants claim for compensation, general damages and exemplary damages for breach of the healthy homes’ insulation standard is dismissed. The tenants have not proven this claim and the landlord has successfully disproven the claim. Reimbursement of filing fee
Section 102(4) of the RTA provides for reimbursement of the filing fee to applicants that are wholly or substantially successful in their claims.
Because [The applicant] has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression
The landlord applies for non-publication of its name and identifying details.
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 landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication is ordered.
The tenants also applied for name suppression of their names and identifying details.
The tenants have not appeared at today’s hearing and have been recidivist in falling into rent arrears over a prolonged period and have also shown a pattern of non-communication with the landlord when falling into rent arrears rather than working with the landlord to address the ongoing breaches of their tenancy agreement and their statutory obligations to pay their rent in full and on time.
I am satisfied that the public interest in this matter outweighs any duress publishing the tenants’ names could result in when they are seeking rental accommodation in the future. I therefore decline to grant the tenants suppression of their name and identifying details.

Tenancy Tribunal case 5014388 — Rent arrears

At a glance

Tenancy Tribunal case 5014388 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Who are the parties to this dispute?

Should the tenancy be terminated?

Did the tenants sublet or assign the premise?

TENANTS CLAIMS

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Who are the parties to this dispute?

Should the tenancy be terminated?

Did the tenants sublet or assign the premise?

TENANTS CLAIMS

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions