What was Tenancy Tribunal case 5183374 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 5183374?

Cleaning: $200.00 awarded to landlord; Property Damage: $2,400.00 awarded to tenant; Filing Fee: $27.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns: $200.00 awarded to landlord; Property Damage: $131.50 awarded to landlord; Rent Arrears: $6,600.00 awarded to landlord; Rubbish Removal: $250.30 awarded to landlord; Water Rates: $1,061.30 awarded to landlord

What type of tenancy dispute was case 5183374?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 5183374?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11856990-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5183374 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 5183374?

Cleaning: $200.00 awarded to landlord; Property Damage: $2,400.00 awarded to tenant; Filing Fee: $27.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns: $200.00 awarded to landlord; Property Damage: $131.50 awarded to landlord; Rent Arrears: $6,600.00 awarded to landlord; Rubbish Removal: $250.30 awarded to landlord; Water Rates: $1,061.30 awarded to landlord

What type of tenancy dispute was case 5183374?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 5183374?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11856990-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5183374 — Rent arrears

Claims and awards in Tenancy Tribunal application 5183374 — net $6,043.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 5 March 2025	$6,600.00		Rent arrears to 5 March 2025
Water rates	$1,061.30		Water rates
Rubbish removal	$250.30		Rubbish removal
Lawns	$200.00		Lawns
Lock/key replacement	$131.50		Lock/key replacement
Cleaning	$200.00		Cleaning
Filing fee reimbursement	$27.00		Filing fee reimbursement
Exemplary damages: Failure to meet the healthy homes		$2,400.00	Failure to meet the healthy homes
Filing fee reimbursement		$27.00	Filing fee reimbursement
Total award	$8,470.10	$2,427.00
Net award	$6,043.10
Total payable by Tenant to Landlord	$6,043.10

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord names and identifying details. 2.

Reasons

Background

[The tenant/s] is [The landlord/s] nephew by marriage.
The house has been owned by [The tenant/s] family for three generations.
This tenancy began in August 2023. At that time, [The tenant/s] was working for a business owned by his uncle and [The landlord/s].
On 5 December 2024, [The landlord/s] gave [The tenant/s] notice to terminate the tenancy on the grounds that the property had been sold with vacant possession. The end date per the notice was 5 March 2025.
The landlord’s application seeks rent arrears, water, and end of tenancy costs (cleaning, rubbish removal, change of locks, lawn mowing).
The tenant’s application raises issues relating to healthy homes compliance and the termination of the tenancy.
Both parties attended the hearing, which took place in [Event location suppressed] on 16 May 2025. Landlord application Rent and water
The claims for rent arrears and water rates are proven, and were not disputed by [The tenant/s].
I have awarded water rates per the WDC invoice dated 20 December 2024, less the supply charge (tenants are not liable for this cost).
I note that this invoice includes water use up to 2 December 2024, but it does not appear that the landlord is seeking the cost of water used from then to the end of the tenancy. Cleaning, rubbish, locks, lawns
Tenants must remove all rubbish, leave the premises reasonably clean and tidy, and return all keys at the end of the tenancy. 1
[The landlord/s] provided photographs from the end of the tenancy in support of the claim.
[The tenant/s] did not dispute that the premises were not reasonably clean and tidy at the end of the tenancy, but he said that his uncle had told him that he could have until the weekend (8 & 9 March) to tidy up and move out, but [The landlord/s] then refused to allow this and insisted that he move out. 1 Section 40(1)(e)(iii) Residential Tenancies Act 1986
[The landlord/s] is the sole named landlord in the written tenancy agreement. I accept that she did not agree to extending the tenancy until 8 / 9 March, and therefore she was entitled to require [The tenant/s] move out on the 6 th .
The amounts claimed for cleaning, lawns, rubbish removal, and replacement of locks are proven, and are fair and reasonable. Tenant application Healthy homes
[The tenant/s] said that the premises were damp and draughty.
In September 2024 he obtained a healthy homes report from [assessment company] New Zealand.
The report stated that the premises met the standards in respect of heating and insulation, but did not meet the standards in respect of ventilation, moisture ingress and drainage, and draught stopping.
[The landlord/s] said that she had gone through “the scheme” with the property and she understood that it was healthy homes compliant. She said that [The tenant/s] did not raise this issue until a year into his tenancy.
I understand that “the scheme” that [The landlord/s] refers to relates to funded programs for insulation in tenanted premises.
Insulation is only one part of healthy homes compliance.
[The tenant/s] provided a copy of the [home assessment] report. The report establishes that the premises did not meet the standards for ventilation (no mechanical ventilation in bathroom), moisture ingress and drainage (gutters in need of repair, no ground moisture barrier), and draught stopping (missing window latches allowing draughts).
Failure to meet the healthy homes standard is an unlawful act. 2 Exemplary damages of up to $7,200 can apply.
In considering an award of exemplary damages, the Tribunal must have regard to: 3 a. The intention of the person who committed the unlawful act; and b. The effect of the unlawful act; and c. The interests of the person against whom the act was committed; and d. The public interest. 2 Section 45(1A) RTA 3 Section 109 RTA
The usual approach of the Tribunal with exemplary damages is to award one third of the maximum, unless there are aggravating or excusing factors in play. 4
In this instance: a. I accept [The tenant/s] statement that he found the property to be damp and draughty. That is why he sought a healthy homes assessment. b. The property was non-compliant in several respects. c. The actual compliance issues are relatively minor. d. [The landlord/s] genuinely believed that the premises were lawful and compliant. e. [The landlord/s] is a first-time landlord. f. [The landlord/s] continued to resist the idea that she is (and always was) responsible for complying with the healthy homes standards, instead arguing that [The tenant/s] should have raised the issue sooner. It is not the tenant’s responsibility to raise this issue. It is the landlord’s duty to ensure that the premises are compliant.
There is a mix of aggravating and mitigating factors. On balance, there is no strong reason to deviate from the usual approach of awarding exemplary damages at one-third of the maximum. Termination
The landlord gave notice to terminate the tenancy on the grounds that the property had been sold.
[The tenant/s] said that he moved out on 6 March and the property has still not been sold.
It is an unlawful act for a landlord to give notice terminating a tenancy knowing that they do not have grounds. 5
[The landlord/s] explained that they entered into an agreement for the sale of the house, with vacant possession to the purchaser. The purchaser then had difficulty in obtaining the deposit, which led to a re-negotiation and extension of the settlement.
[The landlord/s] confirmed that the property will be sold pursuant to that new agreement.
[The landlord/s] provided documentation in support of this. 4 Wellington Property Management Ltd v Hardie [2022] NZTT 4399281 4374781 5 Section 60AA RTA
I accept that there were grounds for giving the notice of termination in December 2024. Filing fee, name suppression
Both parties were successful in their applications, and both are awarded the filing fee for their applications. 6
[The tenant/s] sought name suppression. Name suppression is granted on the grounds that [The tenant/s] was substantially successful in his application. 7 Given the family connection between landlord and tenant, to protect the identity of the tenant I will also suppress the name of the landlord in the published version of this order.

Claims and awards in Tenancy Tribunal application 5183374 — net $6,043.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 5 March 2025	$6,600.00		Rent arrears to 5 March 2025
Water rates	$1,061.30		Water rates
Rubbish removal	$250.30		Rubbish removal
Lawns	$200.00		Lawns
Lock/key replacement	$131.50		Lock/key replacement
Cleaning	$200.00		Cleaning
Filing fee reimbursement	$27.00		Filing fee reimbursement
Exemplary damages: Failure to meet the healthy homes		$2,400.00	Failure to meet the healthy homes
Filing fee reimbursement		$27.00	Filing fee reimbursement
Total award	$8,470.10	$2,427.00
Net award	$6,043.10
Total payable by Tenant to Landlord	$6,043.10

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord names and identifying details. 2.

Reasons

Background

[The tenant/s] is [The landlord/s] nephew by marriage.
The house has been owned by [The tenant/s] family for three generations.
This tenancy began in August 2023. At that time, [The tenant/s] was working for a business owned by his uncle and [The landlord/s].
On 5 December 2024, [The landlord/s] gave [The tenant/s] notice to terminate the tenancy on the grounds that the property had been sold with vacant possession. The end date per the notice was 5 March 2025.
The landlord’s application seeks rent arrears, water, and end of tenancy costs (cleaning, rubbish removal, change of locks, lawn mowing).
The tenant’s application raises issues relating to healthy homes compliance and the termination of the tenancy.
Both parties attended the hearing, which took place in [Event location suppressed] on 16 May 2025. Landlord application Rent and water
The claims for rent arrears and water rates are proven, and were not disputed by [The tenant/s].
I have awarded water rates per the WDC invoice dated 20 December 2024, less the supply charge (tenants are not liable for this cost).
I note that this invoice includes water use up to 2 December 2024, but it does not appear that the landlord is seeking the cost of water used from then to the end of the tenancy. Cleaning, rubbish, locks, lawns
Tenants must remove all rubbish, leave the premises reasonably clean and tidy, and return all keys at the end of the tenancy. 1
[The landlord/s] provided photographs from the end of the tenancy in support of the claim.
[The tenant/s] did not dispute that the premises were not reasonably clean and tidy at the end of the tenancy, but he said that his uncle had told him that he could have until the weekend (8 & 9 March) to tidy up and move out, but [The landlord/s] then refused to allow this and insisted that he move out. 1 Section 40(1)(e)(iii) Residential Tenancies Act 1986
[The landlord/s] is the sole named landlord in the written tenancy agreement. I accept that she did not agree to extending the tenancy until 8 / 9 March, and therefore she was entitled to require [The tenant/s] move out on the 6 th .
The amounts claimed for cleaning, lawns, rubbish removal, and replacement of locks are proven, and are fair and reasonable. Tenant application Healthy homes
[The tenant/s] said that the premises were damp and draughty.
In September 2024 he obtained a healthy homes report from [assessment company] New Zealand.
The report stated that the premises met the standards in respect of heating and insulation, but did not meet the standards in respect of ventilation, moisture ingress and drainage, and draught stopping.
[The landlord/s] said that she had gone through “the scheme” with the property and she understood that it was healthy homes compliant. She said that [The tenant/s] did not raise this issue until a year into his tenancy.
I understand that “the scheme” that [The landlord/s] refers to relates to funded programs for insulation in tenanted premises.
Insulation is only one part of healthy homes compliance.
[The tenant/s] provided a copy of the [home assessment] report. The report establishes that the premises did not meet the standards for ventilation (no mechanical ventilation in bathroom), moisture ingress and drainage (gutters in need of repair, no ground moisture barrier), and draught stopping (missing window latches allowing draughts).
Failure to meet the healthy homes standard is an unlawful act. 2 Exemplary damages of up to $7,200 can apply.
In considering an award of exemplary damages, the Tribunal must have regard to: 3 a. The intention of the person who committed the unlawful act; and b. The effect of the unlawful act; and c. The interests of the person against whom the act was committed; and d. The public interest. 2 Section 45(1A) RTA 3 Section 109 RTA
The usual approach of the Tribunal with exemplary damages is to award one third of the maximum, unless there are aggravating or excusing factors in play. 4
In this instance: a. I accept [The tenant/s] statement that he found the property to be damp and draughty. That is why he sought a healthy homes assessment. b. The property was non-compliant in several respects. c. The actual compliance issues are relatively minor. d. [The landlord/s] genuinely believed that the premises were lawful and compliant. e. [The landlord/s] is a first-time landlord. f. [The landlord/s] continued to resist the idea that she is (and always was) responsible for complying with the healthy homes standards, instead arguing that [The tenant/s] should have raised the issue sooner. It is not the tenant’s responsibility to raise this issue. It is the landlord’s duty to ensure that the premises are compliant.
There is a mix of aggravating and mitigating factors. On balance, there is no strong reason to deviate from the usual approach of awarding exemplary damages at one-third of the maximum. Termination
The landlord gave notice to terminate the tenancy on the grounds that the property had been sold.
[The tenant/s] said that he moved out on 6 March and the property has still not been sold.
It is an unlawful act for a landlord to give notice terminating a tenancy knowing that they do not have grounds. 5
[The landlord/s] explained that they entered into an agreement for the sale of the house, with vacant possession to the purchaser. The purchaser then had difficulty in obtaining the deposit, which led to a re-negotiation and extension of the settlement.
[The landlord/s] confirmed that the property will be sold pursuant to that new agreement.
[The landlord/s] provided documentation in support of this. 4 Wellington Property Management Ltd v Hardie [2022] NZTT 4399281 4374781 5 Section 60AA RTA
I accept that there were grounds for giving the notice of termination in December 2024. Filing fee, name suppression
Both parties were successful in their applications, and both are awarded the filing fee for their applications. 6
[The tenant/s] sought name suppression. Name suppression is granted on the grounds that [The tenant/s] was substantially successful in his application. 7 Given the family connection between landlord and tenant, to protect the identity of the tenant I will also suppress the name of the landlord in the published version of this order.

Tenancy Tribunal case 5183374 — Rent arrears

At a glance

Tenancy Tribunal case 5183374 — Rent arrears

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