What was Tenancy Tribunal case 5245636 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 5245636?

Compensation: $600.00 awarded to tenant; Property Damage: $500.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant; Healthy Homes Report Reimbursement: $684.25 awarded to tenant

What type of tenancy dispute was case 5245636?

The primary dispute was Healthy homes. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5245636?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12562849-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5245636 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 5245636?

Compensation: $600.00 awarded to tenant; Property Damage: $500.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant; Healthy Homes Report Reimbursement: $684.25 awarded to tenant

What type of tenancy dispute was case 5245636?

The primary dispute was Healthy homes. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5245636?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12562849-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5245636 — Healthy homes

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5245636 — net $1,811.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation	$600.00	Compensation
Exemplary damages	$500.00	Exemplary damages
Healthy homes report reimbursement	$684.25	Healthy homes report reimbursement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,811.25
Total payable by Landlord to Tenant	$1,811.25

Both parties attended the hearing.

The tenant has applied for compensation and exemplary damages related to claims for the landlord failing to maintain and healthy homes breaches.

At a previous hearing for this matter, the Tribunal issued work orders by consent. A further hearing was scheduled to assess compliance with the work orders and to consider the tenant’s compensation and damages claims. Background

The tenancy commenced on 25 February 2020.

The property had a healthy homes standards statement of compliance dated 7 October 2020. This report did not identify any issues.

Throughout the tenancy, the tenant had been raising concerns about issues at the property. In October 2024, the tenant specifically raised concerns about mould in the property.

On 19 November 2024 the tenant issued a 14-day notice to remedy with respect to mould, draughts in the property and trees and gravel concerns along and on the driveway.

In response to this notice, correspondence ensued between the parties. The trees and gravel were deemed to have been dealt with. The tenant provided photographs of mould in the bedrooms and the landlord responded stating that it is common for it to get colder in the end bedrooms. However, as the mould had been a recent issue, the landlord engaged a builder to try and determine the cause of the mould. The builder engaged was unable to locate any moisture issues.

On 30 January 2025 the tenant advised the property manager that the punga fence had been damaged and although temporarily secured using strops, it required repair. The tenant offered to assist with supplies and/or labour. The tenant also requested an update regarding the flooring prior to winter.

On 15 April 2025 the tenant sent a further request for an update regarding both the fence repair and the draughts in the floor. A request was also made for a copy of the healthy homes certificate. This was requested again on 22 April 2025.

In April 2025 and to try and determine the issues, the tenant arranged her own healthy homes inspection. The report from Mr. Homes Inspector identified: a. The joinery needed repair. b. The soffits linings were damaged and needed repair. c. The spouting was overflowing and required repair. d. There were signs of damp or mould at the time of inspection. e. The homes had obvious air leaks – holes or large gaps in windows, doors, floors, or ceilings and required thermal back curtains.

Due to the lack of adequate response by the landlord, the tenant filed this application with the Tribunal on 29 April 2025.

On 18 June 2025 the Tribunal issued work orders by consent that the landlord would repair the broken fence at the property and would obtain an updated healthy homes report (“the work order”). It was agreed between the parties that some of the items identified in the tenant’s report were excessive.

On 29 July 2025, and in response to the work order, active testing solutions issued an updated healthy homes standards assessment (“new healthy homes report”). The new healthy homes report concluded that the property did not meet the health homes standards with respect to moisture ingress & drainage, and draught stopping and specifically noted: a. Gutters require cleaning out, does not meet Healthy Homes Standards. b. Large gaps either side of dining room window between joinery and brick cladding. Needs attention/repair. Does not meet Healthy Homes Standards.

By August 2025 the fence had been repaired.

The landlord has now also carried out works to repair the gaps around the dining room window and the gutter maintenance as identified in the new healthy homes report. Summary of submissions

The tenant says that despite regular rent increases, they do not consider that the landlord has adequately maintained the property, they breached healthy homes requirements and that there were several little things during the tenancy that were difficult or impossible to have rectified.

Although by the second hearing, the landlord had completed the items in the Tribunal’s work order and carried out the repairs identified in the new healthy homes report – the tenant says that it should not have taken as much effort and time as it did, including having to apply to the Tribunal, to have this work done. They say at all times they have tried to assist with carrying out required works and repairs and appreciate that repairs cost money.

As a result, the tenant claims for both compensation and exemplary damages in respect of the landlord’s breaches.

The landlord disputes the tenants claims and say that they have always responded to requests for works in a timely way and based on the information they had. Exemplary damages and compensation

[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 (RTA).

Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair. Under section 45(1)(bb) of the RTA, a landlord must also comply with the Residential Tenancies (Healthy Homes Standards) 2019 (HHS).

Compliance dates for the HHS vary depending on the tenancy: a. For private rentals i. If the tenancy commenced between 1 July 2021 and before 28 August 2022, the rental must comply within 90 days of the commencement of any new or renewed tenancy; or ii. 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. iii. All private rentals must comply by 1 July 2025.

The draught stopping standard requires that residential premises be free from unreasonable gaps and holes that are not an intentional part of the building, which allow draughts to arise. The moisture ingress and drainage standards require that buildings comprising residential tenancies must have efficient systems to drain storm water, surface water and ground water, and that includes gutters, downpipes and drains. The Standard requires a ground moisture barrier when there is an enclosed subfloor space.

This tenancy commenced in 2020 and so the relevant date for compliance is 1 July 2025.

Breaching any of these 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.

The correspondence shows that the tenant was raising issues as early as October 2024.

I find that the landlord did not take reasonable steps in response to concerns raised by the tenant. Although I would expect that it can take some time to investigate issues and arrange repair, I do not consider that the landlord responded reasonably, and it was not until the first Tribunal hearing where the landlord agreed to carry out repair to the fence and properly investigate the healthy homes concerns raised by the tenant.

That was around seven months after concerns were raised. In my view, it was not sufficient to rely on the healthy homes report done in 2020 when the tenant was raising concerns and providing evidence in support of those concerns. It would have been reasonable that once the builder was unable to identify reason(s) for the moisture concerns, and with the compliance date for healthy homes fast approaching, to proceed to carry out a healthy homes assessment at that stage to ensure any required works could be done by 1 July 2025.

As such I consider it appropriate to award some compensation. I have awarded $600.00 to the tenant for consideration of the failure to maintain since the 14- day notice expired and for the breach of healthy homes since 1 July 2025. Exemplary damages

Exemplary damages are designed to punish and deter. They are like a fine. In Auckland City Council v Blundell, 1 the Court of Appeal (Cooke P) said: Exemplary and punitive [damages] are different words for the same thing. The damages are exemplary because they are meant to teach an example to the guilty officer and others. They are punitive because they are meant to punish. They are like a fine, though they go to the citizen who has been the victim of conduct.

Exemplary damages are awarded at the Tribunal’s discretion when one party has proved that the other party has committed a defined unlawful act. If that is proven, and before the Tribunal may award exemplary damages, it must take account of the factors set out in section 109 in the RTA.

Section 109 of the RTA relates to exemplary damages, and confirms that exemplary damages can be awarded if the unlawful act was committed intentionally, and having regard to: a. The intent of the person committing the unlawful act. b. The effect of the unlawful act. c. The interests of the landlord or tenant against whom the unlawful act was committed. d. The public interest and, e. whether it is just to make the award.

The maximum levels of exemplary damages are set out in Schedule 1A of the RTA.

The principle from the District Court decision of Gardiner v Upland Bay Investments Limited, 2 is that if there are multiple breaches of a particular section, then only one set of exemplary damages could be ordered for that breach.

I find that the landlord has committed an unlawful act. 1 Auckland City Council v Blundell [1986] NZLR 732. 2 Gardiner v Upland Bay Investments Limited, DC Wellington, CIV 2014-085-13, 27 August 2014.

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) RTA.

Any failure by a landlord must be considered intentional, as landlords are deemed to know tenancy law in New Zealand.

It is of the utmost public importance and interest that homes are safe and healthy for occupants. Before any updated healthy homes investigation or repair works were carried out, the tenant was required to apply to the Tribunal for work orders. Although private rentals did not need to fully comply with healthy homes requirements until 1 July 2025, the fact is, this property did not comply on that date.

The tenant had raised issues before this date, and this should have prompted the landlord to carry out investigations to ensure it was fully compliant by 1 July 2025. The date was widely publicised and should not have been a surprise to the landlord. I do not consider it was sufficient for the landlord to rely on the report from 2020, considering the information they were receiving from the tenant. Healthy Homes standards are an ongoing obligation, and it is reasonable that over a four-to-five-year period, ongoing maintenance would be required to ensure continued compliance.

I am satisfied that it is just to award a further $500.00 in exemplary damages to both reflect the failure to comply with Healthy Homes requirements on 1 July 2025 and the broader failure to maintain. This is at the lower end due to compensation having already been awarded and to reflect that repairs have now been carried out.

The tenant has also claimed the cost of the healthy homes report totalling $684.25. I consider that this is reasonable, given the tenant had advised that there were issues and the landlord had failed to undertake their own investigations (until directed by the Tribunal to do so). The amount ordered is proved. Other matters

There was an additional bond dispute, however, the parties are endeavouring to resolve this themselves. I have directed that this file be closed unless there is a continuing issue with the bond. In which case, the parties can advise registry and the matter will be reopened.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Both parties sought name suppression. As the tenant has wholly succeeded, name suppression is granted. Although the landlord has not been successful, the work orders were by consent, and I consider it appropriate to grant name suppression in these circumstances. The benefit to the public in the decision can still be obtained without the publication of names. See section 95A of the RTA. R Harvey-Lane 15 October 2025

Reasons

Claims and awards in Tenancy Tribunal application 5245636 — net $1,811.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation	$600.00	Compensation
Exemplary damages	$500.00	Exemplary damages
Healthy homes report reimbursement	$684.25	Healthy homes report reimbursement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,811.25
Total payable by Landlord to Tenant	$1,811.25