What was Tenancy Tribunal case 5092008 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 5092008?

Compensation: Diesel: $218.98 awarded to tenant; Compensation: lack of maintenance at…: $500.00 awarded to tenant; Compensation: rent rebate due to lac…: $1,757.14 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5092008?

The dispute type was not classified.

Where can I read the official tribunal order for case 5092008?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11645440-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5092008 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 5092008?

Compensation: Diesel: $218.98 awarded to tenant; Compensation: lack of maintenance at…: $500.00 awarded to tenant; Compensation: rent rebate due to lac…: $1,757.14 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5092008?

The dispute type was not classified.

Where can I read the official tribunal order for case 5092008?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11645440-Tribunal_Order_Redacted.pdf.

99 Ngaruawahia Road, Ngaruawahia, RD 8, Ngaruawahia Tenancy Tribunal Case 5092008 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 5092008 — net $2,503.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: diesel	$218.98	diesel
Compensation: rent rebate due to lack of functioning central heating	$1,757.14	rent rebate due to lack of functioning central heating
Compensation: lack of maintenance at start of tenancy and inconvenience	$500.00	lack of maintenance at start of tenancy and inconvenience
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,503.12
Total payable by Landlord to Tenant	$2,503.12

Claims and awards in Tenancy Tribunal application 5092008 — net $2,503.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: diesel	$218.98	diesel
Compensation: rent rebate due to lack of functioning central heating	$1,757.14	rent rebate due to lack of functioning central heating
Compensation: lack of maintenance at start of tenancy and inconvenience	$500.00	lack of maintenance at start of tenancy and inconvenience
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,503.12
Total payable by Landlord to Tenant	$2,503.12

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
Quality Rental Management Limited As Agent For 99 Ngaruawahia Limited must pay [The tenant/s] $2,503.12 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing on 12 Feb 2025. (CD and RM for the agent company and AW for the landlord company).
This is the [The tenant/s] application. She has applied for:- a. A contribution of $218.98 towards diesel to run the central heating system because it was not functioning correctly and used more fuel than it should have; and b. Compensation or exemplary damages (fines) alleging the landlord breached its maintenance obligations and/or the Healthy Homes Standards relating to:- i. the diesel-powered central heating system not working properly; ii. an unsafe or deficient mains electrical connection to the house; iii. several other smaller maintenance issues that were either problems from the start of the tenancy and/or not addressed within a reasonable time.
[The tenant/s] said she seeks acknowledgement of the stress and extra expense caused by a lack of heating over the entire winter and contractors and/or landlords disregarding her information and requests. She also noted uncertainty over the safety and security of the power supply. It was revealed during the hearing that the tenant’s 13-year-old son suffers from lung disease so was especially vulnerable. Background
This tenancy started on 21 March 2024 and was for an initial fixed term of 5 months.
The landlord said this house is on land it purchased for future development and, when was delayed, it decided to rent the house out.
The rental was $950.00 per week.
When she viewed the house, the tenant was told there was a diesel central- heating system. She says this was attractive to her as she knew of these and wanted a warm home.
The tenancy had ended by the date of the hearing. [The tenant/s] gave notice and moved out on 6 November 2024.

What are the relevant landlord obligations?

A landlord has legal obligations under the Residential Tenancies Act 1986 (RTA).
This includes to provide a written and signed tenancy agreement with insurance, insulation, and Healthy Homes Standards compliance statements completed and signed by the landlord; s13A RTA.
There are also maintenance and compliance obligations in s45 RTA to:- a. provide and maintain the premises in a reasonable state of repair; b. comply with all requirements in respect of smoke alarms set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016; c. comply with the Healthy Homes Standards (including insulation requirements) within 90 days of any new, or renewed, tenancy that commences on a date between 1 July 2021 and 27 August 2022 or within 120 days if the tenancy commences after 27 August 2022, 1 d. comply with any relevant enactment in relation to buildings, health and safety; and e. provide an adequate means for the collection and storage of water if there is no reticulated supply.
All obligations apply even if a tenant knows the state of the premises at the time that the tenancy is entered into; see s45(3) RTA.
The Healthy Homes Standards (HHS) are detailed compliance requirements for heating in the main living area capable of maintaining a temperature in that room of 18° celsius, compliant ceiling and underfloor insulation, ventilation from windows and bathroom and kitchen extractor fans, draught stopping, an efficient drainage system and a moisture prevention barrier under the house (if there is an enclosed subfloor). 2
For this tenancy, the landlord was required to comply with the HHS by 20 July 2024. 3
Breaching any of the section 45 obligations 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 RTA. Healthy Homes Standards and Statement
[The tenant/s] raised her concerns as breaches of the Healthy Homes Standards.
The landlord was required to comply with the HHS by 20 July 2024. The evidence shows that all Standards were met by that date. An updated ‘Healthy Homes Certificate of Compliance’ was emailed to the tenant on 4 June 2024 which is before the 120-day deadline.
The heating system is stated to be of 30 kilowatts capacity which is sufficient for the main living area. The fact that it did not work as it should is a maintenance issue which I address below. 1 Clause 2 of Schedule 1, Residential Tenancies (Healthy Homes Standards) Regulations 2019. 2 See the Residential Tenancies (Healthy Homes Standards) Regulations 2019. 3 120 days after the date of commencement of the Tenancy.
I raised another issue during the hearing which is about the Healthy Homes Standards compliance statements.
Tenancy agreements must include insulation and healthy homes standards compliance statements that are signed by the landlord.
The purpose of these statements is so that a tenant is fully informed before they sign a binding contract and so that the landlord is legally liable for the accuracy of the information.
Section 13A(1A) requires an insulation statement. Section 13A(1CA)(a) is a statement that the landlord will comply, or does already comply, with the healthy homes standards by the date it is required to (“statement of intent”). Section 13A(1CA)(b) is a statement which includes the information about each of the individual Standards themselves (this information is contained in regulations). Section 13A(1D) says the compliance statements must be signed by the landlord separately from them signing the tenancy agreement.
The tenant was emailed and signed the tenancy agreement on 20 February 2024.
The tenancy agreement contains a section entitled ‘Insulation & Healthy Homes Statement’ which is signed by the landlord’s agent. This statement does not comply with section 13A RTA because it does not include the specific information about each of the HHS.
The Statement says that there is another “attached statement” but:- a. The tenant says there was no other statement attached to the tenancy agreement and the landlord has not proved that there was 4 ; b. Even if the landlord had attached the second “Healthy Homes Statement” dated 31/01/2024, this is not a compliant document. It is not signed by the landlord and does not contain all the prescribed information.
In summary, the landlord has breached its legal obligations by not providing all signed compliance statements as part of the tenancy agreement. This is an unlawful act for which exemplary damages of up to $750.00 may be awarded; s13A(1F)(a) RTA.
The reason this is important is because, as the tenant said in the hearing, if she had been supplied the compliance information as part of the tenancy agreement she may not have agreed to the tenancy.
The house did not comply with all the HHS at the start of the tenancy. The HHS statement dated 31/01/2024 prepared and signed by the contracted company 4 The landlord sent evidence after the hearing that it provided the ‘Healthy Homes Statement’ with a ‘Welcome letter’ but did not prove this was provided to the tenant as part of the Tenancy agreement or on the same date as the Tenancy agreement – as is required by s13A RTA. says that the bathroom extractor fans (2) are not working and that there is no heating.
I say all this because it highlights the exact reason a landlord themselves must complete the HHS compliance statements. It is the landlord who takes responsibility for the information, not a contractor. And this needs to be fully disclosed to a tenant, with all the required information, before they sign up for the tenancy.
How could [the tenant/s] make an informed decision about paying $950.00 per week for this house if she was not told that the house did not, at that time, comply with the HHS?
I have not awarded exemplary damages for this breach. Partly this is because the tenant did not raise the issue – it became apparent only during the course of the hearing.
Also, I am satisfied the landlord was not trying to avoid its responsibilities. It had engaged a contractor and was in the process of making sure all HHS were complied with.
The evidence shows it did have the bathroom fans fixed and the heating system checked. As mentioned, an updated ‘Healthy Homes Certificate of Compliance’ was emailed to the tenant on 4 June 2024.
However, once again, this certificate is not signed by the landlord but instead by the contracted company.
This Certificate also provides the compliance information in a complex format because a tenant must go back and read the previously sent “Healthy Homes Statement” document from the contracted company to discover the mandatory details such as the type of heating system or capacity of extraction fans.
I recommend the landlord reviews its processes. Tenancy Services provides all required compliance statements as free templates on its website at https://www.tenancy.govt.nz/starting-a-tenancy/tenancy-agreements/ Did the landlord breach its obligations regarding the central heating “diesel boiler system”?
A tenant has a duty to notify a landlord of the need for any repairs and a landlord should ordinarily be given a reasonable opportunity to remedy a defect before being held to be in breach of its duty.
The central heating system was the only heating provided for the main living area. There was a separate lounge with a wood fire, but this does not qualify as the required heating because both the Housing Improvement Regulations 1947 and the more recent Healthy Homes Standards require that heating is provided in the main living area.
The central heating system is designed to be fuelled by a diesel boiler which was in the garage. Both parties gave oral and written evidence detailing what happened.
The short story is that the boiler was checked at the start of the tenancy and appeared to be working but at first use when the weather gets colder, the problems start.
The tenant notifies the landlord, sends comprehensive emails describing what is happening including saying that the thermostat is not functioning, and she has had to override it, and waits patiently.
The landlord’s plumber attends twice (12 June and 17 July 2024) and replaces certain parts on both occasions.
The tenant continues to report high diesel consumption, water leaking from the base of the boiler, and a failure to heat the house. She also buys three electric heaters to use, saying in one email that “it was 8 to 11 degrees throughout the house”. It is mid-winter.
On 6 August, the landlord’s plumber concludes that the boiler cannot be used.
On 29 August 2024, a heat-pump is installed in the main living area as a replacement heating source.
There was discussion in the hearing about whether the plumber took notice of [the tenant/s] emailed information or understood the operation of the system sufficiently. I make no finding on that as the plumber was not at the hearing so could not comment.
However, what we can say is that the tenant and her family were without properly functioning heating from about 6 May until 29 August 2024 which is essentially the whole of the winter period.
The evidence shows appropriate sincerity from the landlord and agent but, perhaps partly due to the complexity of the boiler system and the several parties involved, I think it is fair to say that attention to detail and timeliness was lacking.
On at least two occasions, it took more than 2 weeks for [the tenant/s] to receive a reply and 2 or more further weeks longer for the plumber to attend. This is too long when it is winter and there is a problem with heating.
I find there to be a maintenance breach and a breach of the contract. The tenant contracted for a house with central heating and did not receive this.
[The tenant/s] seeks compensation for some of her heating costs and for the lack of heating. The landlord acknowledged this during the tenancy and provided a two-week rent reduction totalling $200.00 and contributed $414.41 towards the cost of her power bills. This was helpful.
The tenant has supplied the Tribunal with receipts showing diesel expenses of $674.61 during the tenancy. The purchase cost of electric heaters cost $267.00.
From what I can see in the correspondence, the tenant received little benefit from the diesel heating system. The excessive use of diesel was noted by both her and the landlord’s plumber. This appears to have been related to the leaking boiler meaning that as water leaked out, new cold water was coming in and having to be heated. She has applied for compensation of $218.98 towards the cost of diesel and I award this amount.
I do not award the cost of the heaters as [the tenant/s] now has these as an asset. However, I note this was a cost she didn’t expect.
In addition, the tenant paid rent of $950.00 per week. This is a high rental.
My assessment is that she should be compensated $100.00 for every week that she was without the central heating. This is 16 weeks and 4 days which is $1,657.14. I award $1,457.14 (allowing for the $200.00 already received from the landlord).
I also award an additional $50.00 per week for another 6 weeks to recognise that although she may have had a heatpump from 29 August, she had contracted for a heating system throughout the entire house and did not receive this. I estimate at least 6 weeks where she had to use her electric heaters. This is a further $300.00.
There is also the inconvenience and frustration. [The tenant/s] and the landlord were consistently polite and professional in their dealings with each other however [the tenant/s] had to be very persistent. She investigated issues herself, read the system manual, discussed the issues with her father (qualified in boiler systems) and even had a video call with another plumber contact to try to get to the bottom of things. She wrote comprehensive and helpful emails to the agents. She spent time buying heaters, mopping up the leaks, dealing with multiple visits from the plumbers and agents. She also worried about her son who is vulnerable to illness and reports that she and her children were affected by ill-health and the cold.
Stress, inconvenience and ongoing frustration related to your living environment are as significant as extra costs. I note them here and will address compensation for stress and inconvenience later in the decision as part of looking at the other, smaller, maintenance issues and annoyances.

Was there a deficient or unsafe electrical connection to the property?

An unexpected issue arose when [the tenant/s] began to use the electric heaters at the property which was that the power connection failed leading to an investigation by the tenant’s supplier. This in turn resulted in the tenant being told in writing by the supplier that it appeared unauthorised electrical work had been done at the site that may need to be remedied by the landlord.
The landlord has supplied an Electrical Certificate of Compliance and supporting letter from the registered electrician who did the work in question. This is evidence sufficient to prove that the connection to the premises is safe and compliant.
The confusion seems to have arisen because of earlier work being done on the proposed development at the address.
I find there to be no breach by the landlord in this regard. Other maintenance issues
[The tenant/s] has raised other less significant maintenance issues because she says that the sheer number of them added to the stress and frustration she experienced during the tenancy.
The issues include:- a. On move-in day when she picked up the keys, she was told by the agent’s receptionist she would need to organise to buy an LPG gas bottle for the kitchen stove and that this would be reimbursed. She went to Bunnings and did this. This is a landlord’s task. b. There was no hot water on the first night. [The tenant/s] father (a registered electrician) attended and replaced the hot water cylinder thermostat. c. There was no letter-box or street number meaning she could not receive mail. The landlord installed an urban letterbox about 6 weeks into the tenancy, but NZ Post refused to deliver to it advising this was a rural location, so it was not adequate or safe. I am unsure if this was ever resolved. d. The lights in two of the bedrooms flickered from the start of the tenancy. The tenant noted this when returning the ingoing inspection report. These were repaired in late September 2024. e. The ingoing inspection report notes several other minor issues such as missing handles, leaking kitchen faucet, loose shower bracing and a dirty rangehood.
Several of these issues date back to the start of the tenancy. I find the landlord has failed to provide the premises in a reasonable state of repair. This is an unlawful act and poor practice.
I discussed the relevance of stress, inconvenience, and frustration above. [The tenant/s] herself said that she was prepared to put up with the myriad of more minor issues “but for” the ongoing and significant lack of heating and worrying information about the power supply.
Overall, the impression I got was that the landlord had not expected to rent this house out (as it is intending a property development) and the decision to do so was made perhaps without full attention to making sure it was fully functional. This is not fair to a tenant. I award additional compensation of $500.00 to recognise the above issues and the overall stress and inconvenience.
The Tribunal may award exemplary damages where a breach is intentional. In this case, the poor maintenance at the start of the tenancy can be seen as intentional. I do not award a fine on this occasion as I consider the compensation to be sufficient. Filing fee and suppression of name
The tenant has substantially succeeded so I award the filing fee and suppress her name. I do not suppress the landlord’s name.
The total award to the tenant is $2,503.12. To put this in context, the total rent paid by the tenant over this 33-week tenancy was $31,150.00.

Tenancy Tribunal case 5092008 — Tenancy dispute at 99 Ngaruawahia Road, Ngaruawahia, RD 8, Ngaruawahia

At a glance

Tenancy Tribunal case 5092008 — Tenancy dispute at 99 Ngaruawahia Road, Ngaruawahia, RD 8, Ngaruawahia

At a glance

Award balance

Claims & awards

Order

Reasons

What are the relevant landlord obligations?

Was there a deficient or unsafe electrical connection to the property?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

What are the relevant landlord obligations?

Was there a deficient or unsafe electrical connection to the property?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions