Published tribunal order
Tenancy Tribunal case 5284239 — Rent arrears
Decided 25 Jul 2025 · Published 25 Jul 2025 · Application 5284239
- Rent arrears
- 14-day notice
- State of repair
- Healthy homes
- Exemplary damages
- Leaks
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 [Tenant] and [Landlord] name and identifying details.
- The tenancy of [Tenant] at [Address] is terminated and possession is granted to [Landlord] immediately.
- Bond Services are to split the refund of the bond as follows: a. To [Landlord]: $1,540.00 b. To [Tenant]: $860.00
Reasons
- Both parties appeared in person. They are whānau, which makes this matter especially hard for all involved.
- The tenancy began 16 May 2024 at a weekly rent of $600.
- The Tenants accept rent arrears of about $9,540 are owed.
- They say they got behind in rent after an $800 power bill caused financial strain; the power bills had been increasingly high over the winter months due to gaps in floorboards and joinery in the home but spiked due to a hot water cylinder leak.
- The Tenants reduced their rent payments to $205 per week because of outstanding issues with the premises.
- The Landlord seeks termination under s 55(1)(a) RTA.
- The Tenants say the premises were poorly maintained and seek exemplary damages.
- The Landlord says he invested a lot into the tenancy and provided the tenants with a lot of what they needed to do the work themselves.
Should the tenancy be terminated?
- Rent is more than 21 days in arrears – s 55(1)(a) is engaged.
- I raised the possibility of a conditional continuation (rent reduction, work order, budgeting support). Following discussions the parties jointly agreed it is best to end the tenancy on 5 September 2025 to allow the Tenants to find alternative accommodation and the Landlord to carry out major repairs and look to sell or relet the home. I record that agreement as a consent order. Maintenance and Healthy Homes claims
- The Tenants produced photographs, inspection notes and a Sustainability Options report confirming: a. Unrepaired gaps in floorboards, window frames and the front door causing obvious draughts. b. Multiple holes in walls, skirtings and hot-water cupboard. c. A broken bathroom extraction fan hanging by wiring. d. Carpet trims missing in Bedroom 3 exposing carpet edges and floorboards with small gaps. e. A leaking hot-water cylinder (since replaced).
- The landlord acknowledged the house is an older dwelling and accepted he had notice of the draughts and some holes but said he had already spent “about $5,000” on upgrades (new bathroom, oven, curtains, enclosing deck) and planned further work once finances permitted. Breach of s 45 – failure to maintain
- Section 45(1)(b) requires the landlord to “provide and maintain the premises in a reasonable state of repair.”
- The tenancy began after 1 July 2021, so the premises had to comply with the HHS within 90 days (reg 13 Residential Tenancies (Healthy Homes Standards) Regulations 2019).
- The draught-stopping standard (reg 29) requires premises to be free from “unreasonable gaps and holes”. Photographs show obvious gaps well beyond de minimis. No exemption applies.
- The unrepaired holes, broken fan and draughts, present since early 2023, show the premises were not reasonably maintained. I find the landlord committed an unlawful act pursuant to s 45(1A). Exemplary damages (s 109):
- The Landlord knew of the defects for months and chose to prioritise other spending. The Tenant faced cold draughts, higher power use, and inconvenience. Even though the wrongfully stopped paying rent, the Tenants were entitled to a warm, safe home. Further, Landlords must respond promptly to maintenance requests.
- The Landlord provided materials for the Tenant to fix issues themselves, but it is hard to motivate yourself to do things when you are cold, unwell, and struggling to find work. However, even if the home was properly maintained and free of defects, I suspect the Tenants would still have struggled with affordability.
- The full award of $7,200 (out of $7,200 maximum) is appropriate given the condition the home was in at the start of the tenancy. I have calculated this as being approximately a $100.00 discount of rent per week, for the duration of the tenancy. False or misleading HHS statement
- The tenancy agreement includes an HHS compliance statement declaring “no gaps causing draughts”. That statement was false.
- Section 13A(1F) RTA prohibits landlords from making misleading HHS statements. Breach is an unlawful act (max $900).
- The Landlord signed the statement knowing the home was draughty and intent is therefore established.
- Considering s 109, a $500 award (mid-range) is justified to signal that false compliance statements are serious. Rent arrears and set-off
- Arrears to 24 July 2025: $9,540 (accepted).
- Less exemplary damages ($8,000) = $1,540.00 net payable by the tenants. Name suppression
- Neither party wanted to proceed to the Tribunal. They are family members. The dispute dynamic is unique in this respect and a number of sensitive issues were touched on because of this.
- I grant name suppression to the Tenants because they are clearly in a position of hardship, and publication is likely to cause more hardship to them, in a manner which is not commensurate with the aims of publication.
- The Landlord has been successful, but I accept he has come to the Tribunal as a last resort, and publication of his details is also likely to lead to identification of the Tenants.