What was Tenancy Tribunal case 5317859 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 5317859?

Property Damage: $1,200.00 awarded to tenant; Property Damage: $1,225.00 awarded to tenant; Compensation: Loss of amenity-kitche…: $280.00 awarded to tenant; Cleaning: $190.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5317859?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5317859?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12713397-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5317859 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 5317859?

Property Damage: $1,200.00 awarded to tenant; Property Damage: $1,225.00 awarded to tenant; Compensation: Loss of amenity-kitche…: $280.00 awarded to tenant; Cleaning: $190.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5317859?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5317859?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12713397-Tribunal_Order_Redacted.pdf.

70A Sar Street, Wadestown, Wellington 6012 Tenancy Tribunal Case 5317859 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5317859 — net $2,923.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
criptionLandlordTenant Compensation: Failing to provide premises ready for occupation (cleaning required, no electricity	$190.00	criptionLandlordTenant Compensation: Failing to provide premises ready for occupation (cleaning required, no electricity
Compensation: Loss of amenity-kitchen sink	$280.00	Loss of amenity-kitchen sink
Compensation: Failing to repair non-working heat pump	$1,225.00	Failing to repair non-working heat pump
Compensation: Failing to repair bathroom louvre window	$1,200.00	Failing to repair bathroom louvre window
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,923.00
Total payable by Landlord to Tenant	$2,923.00

Both parties attended the hearing by telephone.

This tenancy commenced on 27 December 2024 and ended on 25 July 2025.

The tenant claims that the landlord has breached their obligations under sections 45(1)(a), (b) and (bb) of the Residential Tenancies Act 1986 (RTA) by failing to provide the premises in a reasonable state of cleanliness; provide and maintain the premises in a reasonable state of repair and failing to supply a working heater in breach of the Residential Tenancies (Healthy Homes Standards) regulations 2019 (HHS). She seeks compensation for the breaches and the filing fee on the application.

In relation to ongoing maintenance obligations under section 45(1)(b) and (bb) RTA, it is well settled that, the landlord’s obligation is to investigate and repair a defect brought to its attention within a timeframe which is reasonable in the circumstances. As to what that time is, depends on the gravity of the problem but also on the objective attempts made by the landlord to investigate, and put right, whatever the problem might be. Furthermore, a tenant has a statutory duty to advise of any defects under section 40(1)(d) of the Act. Therefore, a tenant should promptly notify a landlord of any defects, and a landlord should be given a reasonable opportunity to remedy the defect before being liable for any failure to do so. Cleaning, electricity, and blocked sink at start of tenancy

There is no dispute that when the tenancy started the premises had not been thoroughly cleaned with some areas missed; the tenant’s supplier was unable to connect the electricity because the main fuse at the property was blown and had to be repaired by an electrician; and the kitchen sink was blocked. The landlord immediately arranged for these issues to be fixed at their cost which delayed the tenant’s ability to move into the property until 30 December 2024. She seeks three days rent as compensation which I consider is justified and awarded. I have rounded the compensation payable to $190 for the three days that she could not move in.

The landlord explained that due to some changes of property managers at the time, they missed conducting a pre-tenancy inspection which likely would have revealed the above issues. Further repairs and maintenance issues

The tenant advised the landlord on 1 January 2025 that the kitchen sink was still blocked and not draining water properly; the kitchen hot water tap was not closing off properly; and the louvre windows in the ground floor bathroom were not closing properly which presented both a security and draught issue.

While the landlord acknowledged these issues and advised that they would be fixed, there was a delay in doing so. The sink and hot water tap were not fixed until 13 January.

The tenant sent a 14 day breach notice to the landlord dated 29 May requesting that the window louvre windows be repaired. They were replaced with a fixed pane on or about 18 June. The landlord explained that it took some time to persuade the owner to replace the window and have the work done. The tenant noted that she didn’t ask for the window to be replaced and simply wanted it repaired so it closed properly and was secure.

In relation to the above maintenance issues, I am satisfied that they were not remedied in a reasonable timeframe which is a breach of s45(1)(b) RTA and the tenant is entitled to compensation for the loss of amenity.

The impact of the blocked kitchen sink was to cause considerable inconvenience and loss of an in important amenity for which rent is paid. For the 2-week period that the tenant did not have a properly draining kitchen sink and a dripping hot water tap, I award $290 which equates to an approximate 33% rent reduction which I consider is reasonable.

The impact of failing to fix the louvre windows over more than 6 months presented a concerning security risk. The fact that the window could not be closed properly also caused the area to be cold when the windows were not opened for ventilation. For the almost six-month period that the windows were not addressed I award compensation of $1,200 which equates to an approximate rent reduction of $50/week. Breach of HHS heating standard

The heating standard requires landlords to provide one or more ‘qualifying heaters’, with a capacity to heat the room to a required level. See regulations 8- 12 HHS. Regulation 6 HHS also requires landlords to ensure that all installed or provided things are maintained in good working order; or if they cannot be maintained in good working order, they are replaced within a reasonable time.

The tenant notified the landlord on 26 April 2025 that the heat pump at the premises was not working and was displaying an error code. The property manager replied immediately asking her to report the matter through the TAPI maintenance system using the OR code that was supposed to be displayed inside a kitchen cabinet door. The tenant had previously advised one of the property managers in December 2024, at the start of the tenancy, that there was no QR code displayed and that she could not access the TAPI system. However, she did not respond to the property manager’s specific request on 26 April to use TAPI. Only on 27 May when sending a follow up email about the heat pump, did the tenant remind the property manager that she had not been given a QR code and could not lodge the request through TAPI. She again asked when the heater would be fixed and advised that because the property had been very cold, she had moved out while the heat pump was not working. She advised that she has both eczema and asthma which flared up due to there being no heating. On 29 May, she also sent a 14 day breach notice requesting that the heat pump be repaired. It was finally fixed by 4 June. The tenant claims a rebate of full rent paid between 26 April and 4 June (39 days) as compensation because she says she was unable to live at the premises without heating. She went and lived with her parents temporarily.

I am satisfied that the heat pump was not fixed in a reasonable time frame which is a breach of the landlord’s obligations under s45(1)(bb) RTA and r6 HHS. The tenant is entitled to compensation for the breach.

The landlord explained that they had not acted on the tenants initial notice to repair on 26 April. It had somehow been missed. This may have been because they were waiting for the tenant to register the problem on TAPI. However, I consider that the property manager had a duty to investigate and repair as soon as she received the tenant’s notice, regardless of whether it was subsequently notified via TAPI.

In relation to the tenant’s claim for a full rent rebate because she was not living at the property, I am not persuaded that this would be fair given that she did not advise the landlord of her health conditions, nor that she would need to move out.

However, I accept that the provision of HHS compliant heating, particularly in the winter months is essential and the failure to address the heating issue sooner is a significant breach of the HHS obligations. Having regard to all the circumstances, I award $1,225 which equates to an approximate 50% rent reduction for the period of 39 days, which I consider is reasonable and justified.

As the tenant has substantially succeeded with her claim, she is entitled to suppression of her name and identifying details as requested and to reimbursement of the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5317859 — net $2,923.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
criptionLandlordTenant Compensation: Failing to provide premises ready for occupation (cleaning required, no electricity	$190.00	criptionLandlordTenant Compensation: Failing to provide premises ready for occupation (cleaning required, no electricity
Compensation: Loss of amenity-kitchen sink	$280.00	Loss of amenity-kitchen sink
Compensation: Failing to repair non-working heat pump	$1,225.00	Failing to repair non-working heat pump
Compensation: Failing to repair bathroom louvre window	$1,200.00	Failing to repair bathroom louvre window
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,923.00
Total payable by Landlord to Tenant	$2,923.00

Both parties attended the hearing by telephone.

This tenancy commenced on 27 December 2024 and ended on 25 July 2025.

While the landlord acknowledged these issues and advised that they would be fixed, there was a delay in doing so. The sink and hot water tap were not fixed until 13 January.

As the tenant has substantially succeeded with her claim, she is entitled to suppression of her name and identifying details as requested and to reimbursement of the filing fee.

Tenancy Tribunal case 5317859 — Property damage at 70A Sar Street, Wadestown, Wellington 6012

At a glance

Tenancy Tribunal case 5317859 — Property damage at 70A Sar Street, Wadestown, Wellington 6012

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