What was Tenancy Tribunal case 5032528 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 5032528?

Compensation: $600.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5032528?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 5032528?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11113136-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5032528 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 5032528?

Compensation: $600.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5032528?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 5032528?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11113136-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5032528 — Healthy homes

Claims and awards in Tenancy Tribunal application 5032528 — net $627.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation failure to maintain and meet the HHS heating standard	$600.00	Compensation failure to maintain and meet the HHS heating standard
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$627.00
Total payable by Landlord to Tenant	$627.00

Claims and awards in Tenancy Tribunal application 5032528 — net $627.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation failure to maintain and meet the HHS heating standard	$600.00	Compensation failure to maintain and meet the HHS heating standard
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$627.00
Total payable by Landlord to Tenant	$627.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s and landlord’s name and identifying details.
The landlord must pay the tenant $627.00 immediately, as set out in the table below.
The landlord must bring the property up to HHS Heating compliance standard by 21 January 2025.

Reasons

[Redacted] and [redacted] appeared for the landlord. The tenants have appeared.
The tenancy commenced on 08 June 2024 and is current. The tenant filed their claims on 10 October 2024.
The tenant’s claims are: a. That the landlord has failed to provide and maintain the property in a reasonable state of repair, specifically: i. Holes in the kitchen wall, ii. A hole in the frame of the window in the main bedroom, iii. The chimney in the main living room not draught proofed, iv. Bathroom window, v. Kitchen window b. The tenant also claims that the landlord has failed to comply with the Healthy Homes Heating standard.
The tenant seeks: i. Work orders for (i) - (v). ii. Exemplary damages for non-compliance with the Healthy Homes Standards. iii. A rent reduction equivalent to $6,720.00.
The onus is on the tenant to prove these claims. The standard of proof in civil claims is on the balance of probabilities. The tenant must establish more likely than not the landlord has breached the terms of the tenancy agreement or the provisions of the Residential Tenancies Act 1986 (The “Act”). Law
Under section 45(1)(b) of the Act, the landlord must provide and maintain the property in a reasonable state of repair, having regard to the age and character of the premises.
The landlord has an obligation to investigate and repair any defect brought to their attention within a period which is reasonable in the circumstances. As to what that period is, depends on the gravity of the problem but also on the objective attempts made by the landlord to investigate, and put right whatever the problem might be.
Section 45(1) (bb) requires the landlord to comply with the Healthy Homes Standards Regulations 2019 (“HHS”), which set out the minimum requirements for heating, insulation, ventilation, drainage, and draught stopping for residential rental properties.
The HHS for heating, ventilation, drainage, and draught stopping for this tenancy came into effect on 06 October 2024, which was 120 days after the commencement of the tenancy on 08 June 2024.
The HHS standards for insulation and smoke alarms have applied to all rental properties since 01 July 2019.
Under section 45(1)(c), the landlord must comply with any requirements in respect of buildings, health, and safety under any applicable enactment.
Between the start of the tenancy to 06 October 2024, the property was subject to the Housing Improvement Regulations 1947 (“HIR”), which, like the HHS, set out minimum standards for residential rental properties. The HIR has not been replaced by the HHS but continues to run alongside. The obligations under the HHS are more extensive and prescriptive than those under the HIR.
Regulation 6 of the HIR requires the living room to have a fireplace and chimney or other approved form of heating.
Regulation 18 provides that every house, and all appurtenances, and appliances of every house shall at all times be kept in a state of good repair. This requirement aligns with the landlord’s general obligation under section 45(1)(b) of the Act.
Breaching any of the obligations in section 45(1)(a) – (ca) 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 of the Act.
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) of the Act.
Where the Tribunal considers 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) of the Act.
If the work order is not being made with the consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance. However, this provision does not apply to any work order, or part of a work order made in relation to the HHS. See sections 78(2) and 78(2AA)(b) of the Act. Failure to maintain.
The property is a three-bedroom villa over one hundred years old. The previous occupants were also the owners, who had been conducting ongoing renovations. Before completing these renovations, they travelled overseas, offering the property for rent. Bedroom window
On 06 June 2024, the landlord conducted a pre tenancy inspection. A copy was sent to the tenant inviting them to report any matters they felt had been overlooked.
On the day after moving in, the tenant discovered a rodent problem, and a hole in the wooden frame of the main bedroom window. On Monday, 10 June 2024, the tenant states they went into the offices of the landlord and reported both matters. The rodent issue was promptly addressed. The tenant states that they were invited to report damage using an app provided by the landlord. The tenant explained that they found this difficult due to a lack of technological proficiency. The tenant states that the landlord conducted a property inspection where the window was again raised. The tenant states a builder visited in September 2024 to provide a quote, and the window was finally repaired on 31 October 2024. The tenant claims that the delay was unreasonable.
The landlord cannot recall the window being raised on 10 June 2024, stating their focus was on the rodent issue. The landlord confirmed that they encourage tenants to use an app to report issues as it creates a chronology and is used to generate work orders. If tenants cannot use the app they can email, call, or visit the landlord. Text messaging is discouraged. The landlord claims the first they were aware of the window was during an inspection on 01 July 2024.
The tenant’s photographs show a hole in the corner of a wooden window frame. From the inside daylight can be seen, creating a draught and weathertightness issue.
The landlord states that the pre tenancy inspection focused on the interior but the window had not been noted. As the damage is obvious in the photographs the landlord questioned whether thy would have missed it during the pre- tenancy inspection, suggesting the tenant have been responsible. The tenant denies this.
The landlord states that upon being advised they created a work order. The landlord states that there are only three builders in the area, all of whom are presently engaged in major projects. The landlord states there is a general shortage of other qualified tradespeople in the area, and that the landlord has to look further afield, which unfortunately results in delay. The landlord states that in September 2024 a builder agreed to provide a quote for the window, and other repairs at the property, this had been accepted, and the work completed on 31 October 2024. Holes in kitchen
In July / August 2024, the tenant noticed a draught coming from the window behind the kitchen sink. Upon investigation, they found holes on either side of the window covered by electrical tape. The tenant has produced a photograph of the holes from inside and outside. Daylight can be seen through both. The tenant states they called the landlord, who again asked them to report the matter via the app, which they stated they could not. The tenant stated they then emailed the landlord but have been unable to produce the email. They state that the landlord advised that a tradesmen would visit on 29 August 2024, although this did not occur. The builder finally visited in September 2024, and the holes were repaired on 31 October 2024.
The landlord denies being informed of the holes until the inspection on 26 September 2024. The landlord states that they had been raised with the builder, included in their quote, and repaired on 31 October 2024. Chimney
There is an open fireplace in the dining / lounge room. The fireplace is not in use. At the commencement of the tenancy the tenant assumed that it had been blocked off, being an obvious draught issue. The builder who attended in September 2024 advised the tenant that the chimney had not been capped. The tenant states that they raised this with the landlord during the inspection on 26 September 2024. The chimney was capped on 31 October 2024.
The landlord states that a Healthy Homes report conducted 19 April 2024 did not identify the chimney as a draught issue, in fact the property had been deemed draught compliant by the assessor. The landlord states they had relied on the HHS report to complete their compliance statement included with the tenancy agreement. The landlord states they had been surprised by the find and contacted the assessor to query the matter. The landlord states that the assessor advised that while completing the assessment the property had been occupied, that there was a couch against the wall, and they were unaware there was a fireplace behind, adding that they did not move furniture while completing assessments. Bathroom window
The tenant claims that one of the panes of glass in the bathroom window was loose because of missing putty. The tenant has produced a photograph of the window. The tenant states that they mentioned it to the builder in September 2024, but cannot recall raising it with the landlord. The landlord states that the first they knew of the matter was when they received the application on 10 October 2024. It is unclear whether the matter was addressed on 31 October 2024, or is yet to be addressed. Kitchen window
The tenant claims that the kitchen window has moss growing on it, suggesting excessive moisture. However, there is no evidence that the matter has been previously reported. There is no evidence showing the window. Heating
The tenant states that the property, with its high stud ceilings, was difficult to heat, leading to an uncomfortable winter. The property has a heat pump in the dining / lounge room, and a wall heater in the hallway near the bedrooms. The tenant states that the wall heater in the hallway stopped working over winter, but the landlord has declined to replace it, as they are not required to. They are correct.
Under Regulation 6 of the HIR the landlord was obliged to provide an approved form of heating in the main living room only. Under the HHS standards, which apply to this tenancy from 06 October 2024, the obligations are greater to the extent that the landlord must provide a heat source in the main living room which is deemed capable of effectively heating the space.
Despite certifying compliance with the HHS heating standard from the commencement of the tenancy, it has been discovered that it does not, as the heat pump in the main living room is undercapacity for the space.
The landlord states that the HHS report dated 19 April 2024 concluded that the property failed the heating standard, and that the 9.0 kilowatt (“kW) heat pump on its own was insufficient, recommending a door be placed between the hallway and the living room, and an additional heat source of 0.8 kW, usually provided by a small wall heater mounted in the room.
Using the HHS report to complete the HHS compliance statement, the landlord contacted the owner of the property for clarification. The landlord states the owner advised that the property in fact complied as on 29 September 2022, they had installed a heat pump and a top up wall heater.
Recently the owner has provided the landlord with email correspondence dated 21 June 2022, between the installer, and another party, which includes a photograph of the wall heater.
On 06 June 2024, the landlord had completed a comprehensive pre tenancy inspection and taken photographs of the inside of the property, including the wall in the dining room where the heater concerned should be located. However, the heater cannot be seen. The landlord states that the only wall heater is the one in the hallway. The only heat source in the dining / lounge is the heat pump. The landlord states it is a mystery as to what happened to the wall heater. However, there is no doubt that the tenant is not responsible. Analysis
Regarding the bedroom window, I am satisfied that this was known to the landlord at the inspection on 01 July 2024. The damage compromised weathertightness. This was not repaired until 31 October 2024. Although I understand the challenges faced securing qualified tradespeople in rural areas, the delay was unreasonable.
For the holes in the kitchen. I find that the landlord was aware of these on 26 September 2024. They were repaired on 31 October 2024. The holes were covered with tape and not a defect obvious to the landlord at the pre tenancy inspection conducted on 01 July 2024. In my opinion the time from the report to the repair was not unreasonable.
When the couch was placed hard against the fireplace it may not have been a draught issue. However, removing the couch has resulted in one. Neither party was aware of this until raised by the builder in September, following which it was blocked off. I am not satisfied that there has been a breach.
There is insufficient evidence for the bathroom and kitchen windows claims. These are dismissed.
The heating issue constitutes a breach of the HHS heating standards from 06 October 2024. Prior to this date there is insufficient evidence to find that the heat pump, even if it was undercapacity for HHS purposes, was not an approved form of heating.
The breach in this case commences 07 October 2024 and continues until the property is made compliant. Having raised the issue of the wall heater in the hallway and the general coldness of the property, the landlord, in my view, could have investigated the matter more thoroughly. Being advised by the owner that there was a supplementary heater in the dining room a reasonably prudent course of action would have been to confirm this during the next inspection.
Although not significant on their own, the combined effect of the hole in the corner of the bedroom window and the property not meeting the HHS heating standard, has in my opinion, resulted in a loss of amenity for the tenant. In this case, the tenant has failed to receive what they had bargained on under the agreement: the bedroom window from at least August 2024 to October 2024, and the heating issue remains unresolved from the date of non-compliance.
It is acknowledged that now we are in spring, with less reliance on the heating function of the heat pump. As not all the claims have been proven, I am not satisfied that a rent reduction is appropriate. There is no evidence on which to base compensation for actual loss. I therefore award the tenant $600.00 for loss of amenity.
Although there have been breaches, I do not consider that exemplary damages are warranted. While I have suggested better due diligence was required concerning the heating, I accept that there appears to have been a genuine misunderstanding.
However, I am satisfied that a work order is appropriate, and I order that the landlord bring the property to HHS heating compliance standards by 21 January 2025.
If the landlord fails to comply with the work order they will be committing an intentional breach, for which exemplary damages may be considered appropriate. Costs
As the tenant has been partly successful, I order reimbursement of the filing fee. Name suppression.
Both parties seek name suppression.
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
I consider that both parties have been sufficiently successful, and both are entitled to name suppression. I also consider the ongoing tenancy relationship.

Tenancy Tribunal case 5032528 — Healthy homes

At a glance

Tenancy Tribunal case 5032528 — Healthy homes

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