Published tribunal order
Tenancy Tribunal case 5318516 — Healthy homes
Decided 13 Oct 2025 · Published 13 Oct 2025 · Application 5318516
- Healthy homes
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/s] names and identifying details.
- Rebecca Rawiri is to pay [the tenant/s] compensation of $3,000.00 for loss of use of the main bathroom and single bedroom immediately.
- Rebecca Rawiri is to pay [the tenant/s] $1,750.00 ($1,000 for failure to repair, $750 for Healthy Homes non-compliance) immediately.
- Rebecca Rawiri is to pay [the tenant/s] $28.00 (the Tenants’ application filing fee).
Reasons
- The Tenants attended the hearing. The Landlord did not appear.
- The Tenants claim that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
- Under section 45, a landlord must: a. provide and maintain the premises in a reasonable state of repair; b. comply with all requirements in respect of smoke alarms and insulation set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016; c. comply with any relevant enactment in relation to buildings, health and safety, including the Residential Tenancies (Healthy Homes Standards) Regulations 2019.
- 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 Residential Tenancies Act 1986. Bathroom and Bedroom Loss of Use
- The landlord was notified in January 2025 that the main bathroom toilet was leaking, and that black mould was present. The Landlord attended and allowed the male Tenant, a qualified tradesman, to commence repairs. He expected payment for his work. I have not been asked to determine this issue, but it is relevant to the issue of whether maintenance was required.
- The bathroom was then fully stripped out, leaving no toilet, shower, bath, or basin. The adjacent single bedroom was also rendered unusable due to water and mould damage.
- From January 2025 until the tenancy ended in August 2025 (8 months), the Tenants were unable to use the main bathroom or the single bedroom. The Landlord did not arrange for proper repairs or provide an alternative solution. Instead, she asserted that because the Tenants had an ensuite bathroom, no compensation was required.
- I find that the Landlord failed to maintain the premises in a reasonable state of repair, in breach of section 45(1)(b) of the RTA. This was a significant failure that deprived the tenants of use of part of the home while continuing to pay full rent of $600 per week.
- On the evidence, a deduction of $100 per week for 30 weeks ($3,000) is fair to reflect the loss of amenity. This accounts for the unusable bathroom and bedroom.
- The Landlord has also committed an unlawful act, and I return to consider this unlawful act under the exemplary damages heading below. Heating and Insulation
- The Tenants also claim the premises were not compliant with the Healthy Homes Standards. The heating requirement was not met: the only heat pump was 5kw and located in the dining area of an open-plan 60m² lounge/dining/kitchen space. The lounge itself, where the tenants primarily resided, did not have a compliant fixed heater of the required capacity (7kw).
- The bedrooms were not insulated, and there was no evidence that the premises met the minimum insulation standards required from 1 July 2019.
- There were also no extractor fans in the bathrooms, leading to mould.
- I am satisfied that the landlord failed to comply with Healthy Homes Standards, contrary to section 45(1)(bb) RTA.
- Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to $7,200. See section 45(1A) and Schedule 1A RTA. Exemplary Damages
- 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: a. the party's intent; b. the effect of the unlawful act; c. the interests of the other party; and d. the public interest. See section 109(3) RTA.
- I find the Landlord's failure to repair the bathroom and bedroom was intentional in the sense required by the Act. She knew of the problem, allowed the male tenant to begin work, then refused to fund repairs or make alternative arrangements. The effect on the Tenants was serious, depriving them of use of essential facilities. The public interest strongly favours ensuring landlords maintain properties to legal standards.
- In relation to Healthy Homes non-compliance, the Landlord acknowledged in September 2023 she was “looking into” compliance but took no steps thereafter. This demonstrates knowledge and disregard of the Landlord’s obligations.
- Considering these factors, I award exemplary damages of $1,000 for the failure to repair and $750 for failure to comply with Healthy Homes Standards.