What was Tenancy Tribunal case 5151871 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 5151871?

Compensation: $50.00 awarded to tenant; Compensation: $50.00 awarded to tenant; Compensation: Breach S24 RTA (Rent: $510.00 awarded to tenant; Compensation: Failure to maintain- k…: $150.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5151871?

The primary dispute was State of repair.

Where can I read the official tribunal order for case 5151871?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11630876-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5151871 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 5151871?

Compensation: $50.00 awarded to tenant; Compensation: $50.00 awarded to tenant; Compensation: Breach S24 RTA (Rent: $510.00 awarded to tenant; Compensation: Failure to maintain- k…: $150.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5151871?

The primary dispute was State of repair.

Where can I read the official tribunal order for case 5151871?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11630876-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5151871 — State of repair

Claims and awards in Tenancy Tribunal application 5151871 — net $787.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Breach s24 RTA (rent	$510.00	Breach s24 RTA (rent
Filing fee reimbursement	$27.00	Filing fee reimbursement
Compensation: Failure to maintain- kitchen	$150.00	Failure to maintain- kitchen
Compensation – failure to maintain- bathroom window	$50.00	Compensation – failure to maintain- bathroom window
Compensation – breach of s45(1)(c) toilet	$50.00	Compensation – breach of s45(1)(c) toilet
Net award	$787.00
Total payable by Landlord to Tenant	$787.00

Claims and awards in Tenancy Tribunal application 5151871 — net $787.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Breach s24 RTA (rent	$510.00	Breach s24 RTA (rent
Filing fee reimbursement	$27.00	Filing fee reimbursement
Compensation: Failure to maintain- kitchen	$150.00	Failure to maintain- kitchen
Compensation – failure to maintain- bathroom window	$50.00	Compensation – failure to maintain- bathroom window
Compensation – breach of s45(1)(c) toilet	$50.00	Compensation – breach of s45(1)(c) toilet
Net award	$787.00
Total payable by Landlord to Tenant	$787.00

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.
must pay immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing held on the 19 February 2025.
The tenancy began on the 25 June 2021 and was initially fixed for one year. The tenancy then reverted to a periodic tenancy.
The tenant lives in a brick 2-bedroom unit, with her adult son. Throughout the tenancy Ms N has been the tenant’s property manager. Inspections of the property have been regular (every quarter). The tenant or her son have been present at all inspections apart from one.
The property manager confirmed that the tenant takes good care of the property, and the house is kept clean and tidy for inspections. The tenant pays rent on time.
The tenant claims: a. That the landlord has failed to meet healthy homes standards, namely ventilation in the bathroom and the kitchen. b. That the landlord has failed to maintain the property: c. That the landlord has breached s24 by increasing rent before the first anniversary of her tenancy and before the expiration of 12 months for the next rent increase.
The tenant seeks compensation for these breaches. Healthy Homes Standards.
The tenant claims that the landlord has failed to comply with the Healthy Homes Standards, namely that there is no ventilation in the kitchen or bathroom and there are draughts in the house.
As this tenancy commenced before 1 July 2021 and the tenancy was extended rather than renewed after the end of the fixed term, the landlord did not have to comply with the Residential Tenancies Healthy Homes Standards until 2025 1 and therefore there can be no breach of s 45(1)(bb). The tenant’s claims for failure to comply with the Healthy Homes Standards are therefore struck out. Failure to Maintain.
The tenant claims that the landlord has failed to maintain the following items to a reasonable standard or repair within a reasonable time period. a. The kitchen ceiling. b. The front door. c. The shower floor. d. The window in the bathroom/ laundry e. The window in the toilet. f. The hot water cylinder. 1 The Residential Tenancies (Healthy Homes) Regulations 2019 take effect in accordance with Subpart 1AA. As this tenancy commenced before 1 July 2021 the obligation to comply with the Standards does not take effect until July 2025 g. The porch.
Section 45(1)(b) requires a landlord to provide and maintain the premises in a reasonable state of repair having regard to the age and character of the premises and the period during which the premises are likely to remain habitable and available for residential purposes. The kitchen ceiling.
The tenant notified that landlord of the paint peeling in the kitchen ceiling which was directly above the stove top. The issue got worse over time and is noted in many inspections reports that Ms N completed. At the beginning there was a small patch of bubbling paint, by January 2025 there was a hole in the fibrous ceiling and a bare area where the paint had flaked off. After the tenant issued the14 day notice on the 29 January 2025, the landlord repaired the ceiling.
The tenant and the landlord agree that the problem is likely caused by steam/ heat rising from the stove. The tenant says that an extraction fan would have stopped the paint flaking away leaving a hole, she says she was led to believe that the extraction fan would be installed well before the due date for the healthy homes compliance, because the property manager sent her details of a quote and work that the landlord was planning on doing at the property.
The tenant says that she believes that paint flakes and pieces of the ceiling have likely fallen into food cooking on the stove.
The landlord says that whilst it was aware of the problem, it was planning on repairing the issue when it put in an extraction fan before the compliance date of 1 July 2025. The landlord says it made sense to fit the extraction fan then repair and repaint the roof. The landlord also says that it fixed the problem as soon as the tenant issued a 14-day notice.
I am satisfied that the landlord failed to repair the ceiling in a timely manner. The position of the paint flaking and the defect in the ceiling was directly above the stove. It was both unsightly and it was likely that paint flakes and fibre from the ceiling could fall into food cooking on the stove and be ingested.
I award the tenant $150.00 for this breach. The front door.
The tenant says that the front door had a gap between the door and the brickwork.
The tenant provided an email dated 7 July 2021. which she sent the landlord at the beginning of the tenancy where she noted issues with the property the tenant wanted remedied. Included in that list was that there was a gap between the front door and the outside wall.
After the tenant raised the issue in her first email to the landlord, she put her own foam insulation in. The tenant did not raise the issue with the landlord until the 14 day notice on the 29 January 2025., after which the landlord had the insulation foam removed and permanently sealed the gap. The landlord said it was unaware of an ongoing problem.
I am not satisfied that the landlord failed to repair the gap because the tenant temporarily fixed the problem and did not raise the concerns with the landlord until the 14-day notice. The landlord remedied the problem quickly upon receiving the 14-day notice. I also note that in the Healthy Homes assessment that the landlord had completed, no gap was noted. The shower floor.
The shower is wheelchair accessible and some of the floor covering has lifted. The cause of this is likely because the lino has not been installed far enough into the drain meaning water can seep up under the lino causing bubbling. The photographs of the property show an issue with the floor. Whilst this floor will need replacement at some point in the near future, I do not consider that the landlord has failed to maintain the shower to date because the tenant can still fully utilise the shower. The tenant said that the shower space has been lessened and she almost slipped on one occasion recently because of the unevenness of the floor. I accept that the floor is becoming problematic over time, and I consider that the landlord should be investigating the cause of the problem and attending to remedying the problem. The window in the bathroom/ laundry
The laundry is in the bathroom. There has been no mechanical ventilation in the bathroom/laundry for almost all the tenancy. However, there is a large window in the laundry. There are security stays on the window, meaning it can only open a short distance. The tenant says this has meant that it is difficult to ventilate the bathroom and laundry.
In the inspection report completed on the 18 November 2024, the landlord noted that the ‘some of the windows the lounge and laundry have come off and need replacing and window in the laundry- the window when opened and closed has a large gap showing in the corner.’
The tenant complained that the window was had fallen out off joinery (the hinge that kept it in place had moved) this caused the window to have gaps. The tenant has been reluctant to use the window for fear of it falling out completely, this means it either must be open or closed.
The tenant complained about mould problems in the bathroom and other rooms because of the lack of ventilation- in the August 2024 inspection report it notes mould problems in the ceilings of two bedrooms, but not the bathrooms. The tenant says that mould could have occurred because the ventilation in the bathroom was inadequate meaning more moisture was going to other areas of the home.
The landlord arranged for the mould to be cleaned on the ceilings.
The landlord fixed the window when it received a 14-day notice in January 2025.
I am satisfied that the window should have been repaired before this date as the bathroom needed to be ventilated and the only ventilation was the window. It is clear that due to age the hinges are failing, the landlord was aware of the problem in November and did not take any steps to remedy the issue until January.
I do not know if the problems with the windows have caused mould in the property but, I do consider that it would not have helped the problem. I also note that the paint is flaking in the ceiling of the bathroom and toilet. This is again likely to the amount of moisture in the room.
I award the tenant $50 compensation for this failure, this recognises the ongoing inconvenience to the tenant. As the landlord paid the cost of mould and has now repaired the window, I consider that only a nominal amount of compensation should be awarded. The window in the toilet
The same problem has occurred with the toilet in the bathroom. On the 4 January 2025 the window in the toilet fell off the hinge and the tenant had to tape it shut. The tenant says that she notified the landlord immediately but did not get any response for over a week and therefore issues a 14 day notice to repair on the 14 January 2025, after which time the window was fixed.
The landlord says that the delay is as a result of the time of year and not being able to source the correct hinges/ windows needed and tradespeople over that time.
Whilst I accept that this would have been a difficult time of year to get repairs completed, the landlord was aware of the issue from the inspections and it can be argued that if the work had been completed when first identified, it would not have become urgent.
A tenant must have ventilation in the toilet, this can be either mechanical ventilation or an opening window. 2 . The tenant had over 3 weeks in some in the middle of summer where her toilet window was taped shut.
Having taken into account both parties’ submissions, I do not find that the landlord took an unreasonable period of time to fix the toilet window, but I do consider that the landlord should have offered a tenant some compensation for being without a window over this period.
I am satisfied that the landlord breached s45(1)(c) RTA (a failure to comply with building and safety requirements) by providing a window that opened and closed over this period and award the tenant $50 compensation for this breach. 2 See regulation 9.1 of the Housing Improvements Regulations 1947. The hot water cylinder.
The tenant complained about the water pressure at the beginning of the tenancy. The landlord had the pressure checked and the plumber told the landlord that the pressure problems were due to the age of the hot water cylinder. The plumber reported that the pressure was normal for a cylinder of that size.
The tenant says that the hot water cylinder is 52 years old and should be replaced. The tenant says that it takes too long for water to heat up for the shower and the pressure is so poor it can take her half an hour to wash her hair.
The landlord says that the hot water cylinder is still working and that there has been no degradation in performance. The landlord says that they should not have to fix a hot water cylinder simply due to age when it is working.
I agree with the landlord, the tenant has not proven that the hot water cylinder is in need of repair, it is not broken. The tenant has not proven that it is at a reduced capacity. A landlord has no obligation to repair an item simply because it is aged and there are newer or more efficient items. A landlord’s obligation is to repair an item that is broken.
It is likely that the hot water cylinder will need to be replaced soon. I remind the landlord when hot water cylinders fail, they can cause significant damage. The landlord should consider replacing the hot water cylinder which is well past its usual lifespan. The porch
The porch area is wooden joinery, it is wearing and there are areas on the exterior where the wood is rotting. However, there is no area where there is a hole in the cladding. Whilst this structure is aging and deteriorating, I do not consider that there is a breach of the landlord’s obligation to maintain as currently there is no issue with the functionality of the porch, it is not leaking or has holes in it. The rent increases.
A landlord cannot increase the rent more than once every 12 months and can only increase the rent in a fixed term tenancy if the tenancy agreement allows. See s 24 (1)(g) and (d)and (e).
The landlord increased the rent as follows. a. On the 10 June 2022 from $420 per week to $440 per week. b. On the 31 March 2023 from $440.00 per week to $460.00 per week. c. On the 22 March 2024 from $460 per week to $490.00
On the 28 January the landlord sought to increase the rent again to $510.00 effective on the 29 March 2025.
The tenant disputed the amount of the rent increase especially in light of what the tenant perceived as a lack of maintenance and repair.
It was then discovered that the rent increases had occurred more than 12 monthly and the first increase had occurred during the first fixed term period (i.e less than a year after the tenancy began). The landlord says that this occurred because the agents transferred over their software system and the wrong date for the beginning of the tenancy was entered in the system.
The landlord conducted an audit of the tenant’s rent and found that the rent increases had taken place before they were able to, and refunded the tenant the difference between the increase and the normal rent for the period that the landlord was not entitled to increase the rent. The landlord refunded the tenant $760.00 which it says was the amount it collected in rent in periods it was not lawfully able to do so.
I am satisfied that the landlord breached s 24(1)(d) and (e) of the RTA by increasing the rent more frequently than once every 12 months.

What is the remedy?

The Tribunal is required under s85 RTA to determine matters not just in accordance with the legal principles but also considering the merits and justice of the matter. I do not consider that invalidating the rent increases entirely would give a just outcome as that would be unjust to the landlord who I accept made a honest mistake of inputting the incorrect data and would unfairly penalise the landlord. The landlord was entitled to increase the rent in line with the market every 12 months, and I consider it appropriate that the landlord has repaid the tenant back any increase for the time that the amount was received when it should not have been.
I also consider it appropriate to award the tenant $510 (the equivalent of one weeks rent) as general damages for this breach. A tenant should not be in a position where it must question rent notices given, especially ones issued by a reputable property manager. The tenant spent considerable time and energy bringing this matter to the landlord’s attention and trying to resolve it. I consider it appropriate to award one weeks rent as general damages for this breach. Name suppression and filing fee
As the tenant has been somewhat successful, I grant the tenant name suppression and award the tenant the filing fee.
As the landlord has successful defended the healthy homes claims and some of the failure to maintain claims I also award the landlord’s name suppression. The landlord’s agent may be referred to as Ms N.

Tenancy Tribunal case 5151871 — State of repair

At a glance

Tenancy Tribunal case 5151871 — State of repair

At a glance

Award balance

Claims & awards

Order

Reasons

What is the remedy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

What is the remedy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions