How much money was awarded in case 5291841?

Compensation: $1,500.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5291841?

The primary dispute was State of repair.

Where can I read the official tribunal order for case 5291841?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12729451-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5291841?

Compensation: $1,500.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5291841?

The primary dispute was State of repair.

Where can I read the official tribunal order for case 5291841?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12729451-Tenancy_Tribunal_Order.pdf.

13 Te Kupe Road, Paraparaumu Beach, Paraparaumu 5032 Tenancy Tribunal Case 5291841 — State of repair

Q: What was Tenancy Tribunal case 5291841 about?

The tribunal order states: [The tenant/s] landlord/s] and [The tenant/s] landlord/s] must pay [The tenant/s] tenant/s] $1,527.00

Claims and awards in Tenancy Tribunal application 5291841 — net $1,527.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation for failure to maintain	$1,500.00	Compensation for failure to maintain
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,527.00
Total payable by Landlord to Tenant	$1,527.00

Order

[The tenant/s] landlord/s] and [The tenant/s] landlord/s] must pay [The tenant/s] tenant/s] $1,527.00 immediately. DescriptionTenant Compensation for failure to maintain $1,500.00 Filing fee reimbursement $27.00 Total payable by Landlord to Tenant $1,527.00

Reasons

[The tenant/s] tenant/s] claims compensation and exemplary damages because of the condition of the premises during her tenancy. She claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 (RTA).
Under section 45, a landlord must comply with the Healthy Homes Standards and maintain the premises in a reasonable state of repair.

Should exemplary damages be ordered for a breach of Healthy Homes Standards?

The tenancy began in 2017. The tenancy was periodic until about July 2023 when the tenancy became a fixed term tenancy. In 2023, within 120 days of signing the Tenancy Agreement for a fixed term, the landlord was required to meet Healthy Homes Standards (HHS). That is because the lease was renewed by moving from a periodic to a fixed term tenancy.
The landlord does not dispute that the premises did not comply with HHS within 120 days of the start of the fixed term tenancy. Breaching this obligation is an unlawful act for which exemplary damages may be awarded.
However the application for exemplary damages for this unlawful act must be declined because under section 109(2)(b), a landlord or a tenant may not apply for exemplary damages 12 months after the date of commission of the unlawful act. The tenant would need to have applied for exemplary damages by about October 2024. The tenants’ application is dated 27 June 2025.
The application for exemplary damages is dismissed. Should compensation be ordered for a breach maintenance obligations and of

Healthy Homes Standards?

The tenants provided submissions regarding the failure to maintenance the premises. They referred to flooding, a hole in the floor, no underfloor insulation, screwing or nailing window frames shut rather than repairing them, and rotting window frames allowing drafts. Flooding
The landlord does not dispute that the property has a significant flooding problem. The flooding of the tenancy property during heavy rain affected other houses in the area. The tenant’s photos show that extent off the flooding. The tenant has claimed compensation for this ongoing problem. The tenant’s claim is that the landlord failed to rectify the problem.
The landlord submitted that the problem could not be remedied. The landlord attempted to have the problem fixed by the installation of a pump to remove stormwater. This was a plumber’s suggestion. The addition of a pump did not solve the problem of the buildup of stormwater during heavy rain. The best evidence is that the flooding problem in the area is due to Kapiti Council stormwater pipe deficiencies. The Council has indicated to the landlord that it will be undertaking drainage work in the area.
I am satisfied that the landlord is unable to rectify the flooding problem at the property until the Council carries out drainage work on the street. A landlord cannot be held accountable for a failure to maintain where it is not possible to rectify the problem.
The tenant’s option regarding flooding at the property was to apply to the Tribunal for a reduction in the fixed term and find other accommodation. The reduction could have been granted due to an unforeseen change in the tenant’s circumstances (see section 66(1) RTA).
It is not appropriate to order the landlord to pay compensation where a maintenance problem is caused by external sources and is not due to a failure to maintain.
Therefore, the tenant’s claim for compensation for flooding problems is dismissed. Other maintenance - The hole in the floor, no underfloor insulation, screwing or nailing window frames shut rather than repairing them, rotting window frames allowing drafts, a dirty oven replacement and exposed wiring.
I am satisfied that apart from the flooding issue there were other problems at the property during the tenant’s tenancy. The landlords’ attempts to rectify appear to have been piecemeal. I understand that the flooding under the house did affect the ability to install underfloor insulation however other problems could have been rectified with more thorough fixes.
The tenant has brought these claims stating that some problems have existed for many years. For example, the dirty replacement oven was supplied during the Covid years, many years ago.
As explained to the tenant in the hearing, there is a process in place so that tenants do not have to put up with maintenance failures for years. The process is not to wait until the end of the tenancy and claim compensation for years of neglect. The process is to give 14 days notice to the landlord and then claim in the Tribunal if the problems are not rectified.
Section 48 of the RTA provides that where any party to a tenancy agreement breaches any of the provisions of the agreement or of this Act, the other party shall take all reasonable steps to limit the damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract. The effect of this section is that the tenant must limit the compensation claim by promptly requesting remedial work and if necessary, applying to the Tribunal for assistance. It also follows that exemplary damages cannot be applied for failures of maintenance that exceed the 12 month period.
Having considered the evidence provided I am satisfied that the tenants should be paid a small amount of compensation for maintenance breaches. Although an order for exemplary damages for a breach of HHS cannot be ordered, it is reasonable to order compensation where such a breach occurs.
I have set compensation at $1,500.00. Filing fee
Because the tenant has been partly successful with the claim the filing fee of $28.00 is ordered to be paid by the tenant. Suppression
The tenant has applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The tenant has not substantially succeeded with the claim and therefore name suppression is not granted.

Claims and awards in Tenancy Tribunal application 5291841 — net $1,527.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation for failure to maintain	$1,500.00	Compensation for failure to maintain
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,527.00
Total payable by Landlord to Tenant	$1,527.00

Order

Reasons

[The tenant/s] tenant/s] claims compensation and exemplary damages because of the condition of the premises during her tenancy. She claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986 (RTA).
Under section 45, a landlord must comply with the Healthy Homes Standards and maintain the premises in a reasonable state of repair.

Should exemplary damages be ordered for a breach of Healthy Homes Standards?

The tenancy began in 2017. The tenancy was periodic until about July 2023 when the tenancy became a fixed term tenancy. In 2023, within 120 days of signing the Tenancy Agreement for a fixed term, the landlord was required to meet Healthy Homes Standards (HHS). That is because the lease was renewed by moving from a periodic to a fixed term tenancy.
The landlord does not dispute that the premises did not comply with HHS within 120 days of the start of the fixed term tenancy. Breaching this obligation is an unlawful act for which exemplary damages may be awarded.
However the application for exemplary damages for this unlawful act must be declined because under section 109(2)(b), a landlord or a tenant may not apply for exemplary damages 12 months after the date of commission of the unlawful act. The tenant would need to have applied for exemplary damages by about October 2024. The tenants’ application is dated 27 June 2025.
The application for exemplary damages is dismissed. Should compensation be ordered for a breach maintenance obligations and of

Healthy Homes Standards?

The tenants provided submissions regarding the failure to maintenance the premises. They referred to flooding, a hole in the floor, no underfloor insulation, screwing or nailing window frames shut rather than repairing them, and rotting window frames allowing drafts. Flooding
The landlord does not dispute that the property has a significant flooding problem. The flooding of the tenancy property during heavy rain affected other houses in the area. The tenant’s photos show that extent off the flooding. The tenant has claimed compensation for this ongoing problem. The tenant’s claim is that the landlord failed to rectify the problem.
The landlord submitted that the problem could not be remedied. The landlord attempted to have the problem fixed by the installation of a pump to remove stormwater. This was a plumber’s suggestion. The addition of a pump did not solve the problem of the buildup of stormwater during heavy rain. The best evidence is that the flooding problem in the area is due to Kapiti Council stormwater pipe deficiencies. The Council has indicated to the landlord that it will be undertaking drainage work in the area.
I am satisfied that the landlord is unable to rectify the flooding problem at the property until the Council carries out drainage work on the street. A landlord cannot be held accountable for a failure to maintain where it is not possible to rectify the problem.
The tenant’s option regarding flooding at the property was to apply to the Tribunal for a reduction in the fixed term and find other accommodation. The reduction could have been granted due to an unforeseen change in the tenant’s circumstances (see section 66(1) RTA).
It is not appropriate to order the landlord to pay compensation where a maintenance problem is caused by external sources and is not due to a failure to maintain.
Therefore, the tenant’s claim for compensation for flooding problems is dismissed. Other maintenance - The hole in the floor, no underfloor insulation, screwing or nailing window frames shut rather than repairing them, rotting window frames allowing drafts, a dirty oven replacement and exposed wiring.
I am satisfied that apart from the flooding issue there were other problems at the property during the tenant’s tenancy. The landlords’ attempts to rectify appear to have been piecemeal. I understand that the flooding under the house did affect the ability to install underfloor insulation however other problems could have been rectified with more thorough fixes.
The tenant has brought these claims stating that some problems have existed for many years. For example, the dirty replacement oven was supplied during the Covid years, many years ago.
As explained to the tenant in the hearing, there is a process in place so that tenants do not have to put up with maintenance failures for years. The process is not to wait until the end of the tenancy and claim compensation for years of neglect. The process is to give 14 days notice to the landlord and then claim in the Tribunal if the problems are not rectified.
Section 48 of the RTA provides that where any party to a tenancy agreement breaches any of the provisions of the agreement or of this Act, the other party shall take all reasonable steps to limit the damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract. The effect of this section is that the tenant must limit the compensation claim by promptly requesting remedial work and if necessary, applying to the Tribunal for assistance. It also follows that exemplary damages cannot be applied for failures of maintenance that exceed the 12 month period.
Having considered the evidence provided I am satisfied that the tenants should be paid a small amount of compensation for maintenance breaches. Although an order for exemplary damages for a breach of HHS cannot be ordered, it is reasonable to order compensation where such a breach occurs.
I have set compensation at $1,500.00. Filing fee
Because the tenant has been partly successful with the claim the filing fee of $28.00 is ordered to be paid by the tenant. Suppression
The tenant has applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The tenant has not substantially succeeded with the claim and therefore name suppression is not granted.

Tenancy Tribunal case 5291841 — State of repair at 13 Te Kupe Road, Paraparaumu Beach, Paraparaumu 5032

At a glance

Tenancy Tribunal case 5291841 — State of repair at 13 Te Kupe Road, Paraparaumu Beach, Paraparaumu 5032

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Should exemplary damages be ordered for a breach of Healthy Homes Standards?

Healthy Homes Standards?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Should exemplary damages be ordered for a breach of Healthy Homes Standards?

Healthy Homes Standards?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.