Published tribunal order
Tenancy Tribunal case 5055993 — State of repair
Decided 14 Apr 2025 · Published 14 Apr 2025 · Application 5055993
- State of repair
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
- This order determines both case numbers 5055993 and 5159195.
- [The tenant/s] must pay [The landlord/s] $0.00 from the bond as calculated in the table below:
- The Bond Centre is to pay the bond of $2,520.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $256.51 [The tenant/s]: $2,263.49
Reasons
- Both parties attended the hearing on 14 February 2025.
- Three staff members of [The property management company] attended together with the owner [redacted] who is trustee of [the Trust]. [The tenant/s] [redacted] attended also.
- The parties entered in to a one-year fixed term tenancy which began on 19 January 2024.
- [The tenant/s] applied for compensation for breach of Healthy Homes Standards and failure to maintain the premises.
- Since [The tenant/s] application was filed [The tenant/s] vacated the premises on 10 December 2025. [The landlord/s] consent to 10 December 2025 being the end date of the tenancy.
- At the hearing [The tenant/s] advised that they have reduced their compensation claim to the amount of the bond and seek a full bond refund.
- [The landlord/s] has cross applied for bond refund, rent arrears of $1110.00 and water rates of $256.51. [The landlord/s] claims were only recently filed but by consent have been combined so that this order will determine all outstanding matters in relation to this tenancy.
- [The tenant/s] seek a full refund of their bond and state that any rent arrears should be waived on the basis of healthy homes breaches and failure to maintain by [The landlord/s]. [The landlord/s] claims Do [The tenant/s] owe rent and water arrears?
- This tenancy ended on 10 December 2024. [The landlord/s] have applied for rent arrears to the end of the tenancy in the sum of $1110.00. A rent summary has been provided which proves the amount sought. [The landlord/s] seek water arrears in the sum of $256.51. [The landlord/s] have provided a water summary of the amounts invoiced to [The tenant/s] for water usage and a copy of water invoices. [The tenant/s] advised that they agree to pay the water charges. [The tenant/s] claims Did [The landlord/s] fail to comply with Healthy Homes Standards?
- [The tenant/s] claimed that [The landlord/s] failed to comply with Healthy Homes Standards and claim that [The landlord/s] have breached the landlord’s obligation under section 45(1)(bb) of the Residential Tenancies Act 1986 (RTA), which requires compliance with the Residential Tenancies (Healthy Homes Standards) 2019 (HHS).
- [The landlord/s] disputed this.
- Compliance dates for the HHS vary depending on the tenancy. 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.
- The Tribunal was provided with three Healthy Homes reports; The first report was dated 6 December 2023 from [redacted] and provides a certificate of compliance. The second report was obtained by [The tenant/s] and dated 10 September 2024. This report stated that the premises were not compliant in respect of ventilation and draughts. This report highlighted the issues with the windows and a gap in the front door. The third report was obtained by [The landlord/s] after repairs had been done and was dated 14 November 2024. This report stated that the premises were compliant.
- Having considered the evidence I do not have sufficient evidence before me to find that the Healthy Homes Report done prior to the tenancy commencing was not correct. I also do not have evidence that the premises were not compliant within 120 days of the tenancy commencing. Therefore, I have insufficient evidence before me to prove on the balance of probabilities that [The landlord/s]’ did not comply with the Healthy Homes Standards.
- It is possible that at the time of the Healthy Homes Report provided at the commencement of the tenancy the premises were compliant, however, maintenance is an ongoing responsibility of landlords and is much broader than the strict requirements of Healthy Homes compliance.
- I will consider [The tenant/s] claim in respect of [The landlord/s] responsibilities to repair and maintain the premises. Did [The landlord/s] fail to maintain the premises in a reasonable state of repair?
- [The tenant/s] claim that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
- Under section 45, a landlord has obligations including to provide and maintain the premises in a reasonable state of repair.
- These premises were a 45 year old home. There is no expectation that the premises will be maintained in as new condition, however, a landlord has a responsibility to maintain the premises to a reasonable standard. At the commencement of the tenancy [The tenant/s] were told that [The landlord/s] would not be repainting the exterior of the premises during the tenancy.
- The inspection report dated 21 March 2024 records “The nets are ripped and have been for a while. Do we give her a budget of $100 to buy some more?” This was not done, and the nets were not replaced during the tenancy.
- The inspection report dated 6 June 2024 records “window sill to be painted in the summer” and recorded in respect of Bedroom 3 “this window needs redoing in summer”
- The inspection report dated 17 September 2024 records “The windows in the property are in desperate need of being repaired I have sent out a work order to get a quote to look at these things. The painting at the side of the property and back is pretty bad as well and will need to be looked at in the future. The priority is the rotting windows.” The report records rot on windows in two bedrooms.
- [The tenant/s] claim that they notified [The landlord/s] of issues with the windows at the inspection in June 2024. Although there is no formal record of this there is mention in the inspection of the need for window sills to be painted.
- On 22 August 2022 [The tenant/s] texted the [The property manager/s] and notified her of maintenance issues with a rotten window frame in a bedroom “we can’t open and close the window without risk of the glass falling out and smashing” and also of the taps in the bathroom becoming increasingly difficult to turn off properly.
- [The property manager/s] replied requesting photographs of the windows which [The tenant/s] provided.
- [The property manager/s] then responded that she would look at them at the upcoming inspection.
- The inspection that took place on 17 September 2024 records the window damage and also that a work order has been sent.
- The windows were repaired on 30 October 2024.
- [The tenant/s] claim that this delay in the repairs caused them loss of enjoyment of the premises. During this period of time they gave birth to another baby and stated that they were concerned at the poor state of repair of the premises for their young child and new baby. They stated that the windows were draughty, and water came inside when it rained. Photographs were provided showing the rot, the gaps in the window frames and the ingress of water into a bedroom.
- [The landlord/s] denied any delay with repairs and claimed that the first they knew of [The tenants/] concern about the rotting windows was on 27 October 2024. [The landlord/s] claimed that this maintenance request coincided with [The tenant/s] request to end the fixed term tenancy. [The landlord/s] further stated that other unrelated maintenance issues had been responded to during the tenancy and dealt with promptly.
- Having carefully considered the evidence of both parties I find that [The landlord/s] failed to maintain the premises in a reasonable state of repair for the following reasons: (a)[The landlord/s] were aware in March 2024 of the need to replace the net curtains but did not do this. (b)[The landlord/s] was aware of the need for the exterior of the premises to be repainted and chose to defer this. The result of this decision was that the windows deteriorated during the tenancy. (c)The first written record of the tenant notifying [The landlord/s] of these maintenance issues is on 22 August 2024 which is well before 27 October 2024. (d)The inspection report in June 2024 notes the need for windowsill repainting. The inspection report in September 2024 records that by this stage the windowsills were in desperate need of being repaired. (e)The windows were not repaired until 30 October 2024, more than a month after the inspection on 17 September and more than two months after the tenant written notification on 22 August. (f) [The landlord/s] made a choice to delay maintenance at the premises and not repaint the exterior. This resulted in deterioration of the windows during the tenancy and affected [The tenant/s] enjoyment of the premises particularly after the birth of a new baby where they had heightened concern over moisture ingress and draught issues.
- I find that [The landlord/s] breached the obligation to maintain the premises in a reasonable state of repair. Compensation
- The Tribunal can order a landlord to pay such sum by way of damages or compensation as the Tribunal shall assess in respect of the breach of any provision of the Residential Tenancies Act (section 77(2)(n)).
- Rather than out of pocket expenses [The Tenant/s] claim for compensation is in the nature of general damages for the loss of amenity due to living in premises with poorly maintained windows. The Tribunal has jurisdiction to make such award pursuant to section 77(2)(n) of the Act: Eayrs v Hindmarsh, DC Wellington, TT223/93, 12 November 1993. [The tenant/s] seek compensation by way of relief from the two weeks rent arrears claimed. Having considered the factors in this case I find that this award of compensation is appropriate. Filing fee/Suppression
- As both parties have had some success with their applications, I make no order for reimbursement of either party filing fee.
- The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. 1 Both parties have applied for suppression, and both have had some success with their applications. Having considered the factors in this case the Tribunal grants suppression as sought.