What was Tenancy Tribunal case 5322199 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5322199?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5322199?

The primary dispute was State of repair. Related themes: Smoke alarms, Healthy homes, Property damage.

Where can I read the official tribunal order for case 5322199?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12642132-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5322199 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5322199?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5322199?

The primary dispute was State of repair. Related themes: Smoke alarms, Healthy homes, Property damage.

Where can I read the official tribunal order for case 5322199?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12642132-Tenancy_Tribunal_Order.pdf.

48 Kent Lodge Avenue, Avonhead, Christchurch 8042 Tenancy Tribunal Case 5322199 — State of repair

Order

The application is dismissed. Attendance:
Both parties attended the hearing. Background:
This tenancy commenced on 27 May 2025. The first routine inspection of the property was conducted on 25 June 2025.
Following that inspection, an email sent the next day by the property manager recorded that issues had been identified with the heat pump and other maintenance matters.
On the same day, the landlord (the respondent) advised that they would be sending a contractor to service the smoke alarm and a plumber to remove the insinkerator. The respondent also acknowledged the issue with the heat pump but requested that the tenant attempt to replace the batteries and report back if the issue persisted.
The applicant did not respond until 25 July 2025, at which point he followed up regarding the heat pump, advising that it still had not been repaired. He stated that the house was extremely cold and requested that the matter be resolved urgently, as it was affecting his health.
On the same day, the respondent clarified that the troubleshooting requested on 26 June had already been completed and that the batteries were not the cause of the fault, which the applicant confirmed.
In the days that followed, the applicant sought compensation for the delay in addressing the heat pump issue. The applicant also arranged for a contractor’s assessment on 31 July 2025, which recommended replacement of the unit. The heat pump was subsequently replaced on 14 August 2025.
The applicant has applied for a breach of the Healthy Homes Standards, alleging that the landlord failed to provide an adequate heating source in the living area for a period of time.

What are the issues that I must decide?

Although the applicant has requested that I find the landlord in breach of their obligations to comply with the Healthy Homes Standards, I do not consider this to be the case. It is accepted that a compliant heating source was provided. This is confirmed in the pre-inspection report, which was completed and returned by the tenants to the landlord with no concerns raised at that time.
The fact that the heat pump was later found to require replacement does not, in my view, amount to a failure to provide a heating source. A functioning heat pump was installed and believed to be operational at the commencement of the tenancy.
In substance, the issue the applicant now asks me to determine is whether the respondent breached their obligations under section 45(1)(b) of the Residential Tenancies Act 1986, namely, the obligation to provide and maintain the premises in a reasonable state of repair. The question is therefore whether the actions taken by the landlord, once they became aware of the issue, were reasonable in the circumstances. Did the respondent breach their obligation to maintain the property in a reasonable state?
Cases such as this turn on their context. Section 45(1)(b) of the Residential Tenancies Act 1986 requires the landlord to provide and maintain the premises in a reasonable state of repair. Where issues arise during the tenancy, the tenant is obliged to notify the landlord, who must then respond to those concerns within a reasonable timeframe and in a reasonable manner.
In this case, the issue with the heat pump was identified during the routine inspection on 25 June 2025. Following that inspection, the property manager sent an email identifying the matter and requested that the tenant undertake some basic troubleshooting in relation to the heat pump remote. The email was not responded to, and at that stage, it was reasonable for the landlord to take no further action.
When the landlord was subsequently notified on 25 July 2025 that the troubleshooting had been completed and that the issue persisted, they arranged for a contractor to assess the heat pump. The contractor recommended replacement, and the heat pump was replaced within approximately two weeks of this recommendation.
In my view, those actions were reasonable in the circumstances and met the standard required of the landlord under section 45(1)(b). Accordingly, I find that the landlord did not breach their obligations and that they complied with the Healthy Homes Standards. This claim is therefore dismissed.
Because the applicant has not been successful in their application the filing fee and name suppression have not been granted. H Ben Fayed 31 October 2025

Order

The application is dismissed. Attendance:
Both parties attended the hearing. Background:
This tenancy commenced on 27 May 2025. The first routine inspection of the property was conducted on 25 June 2025.
Following that inspection, an email sent the next day by the property manager recorded that issues had been identified with the heat pump and other maintenance matters.
On the same day, the landlord (the respondent) advised that they would be sending a contractor to service the smoke alarm and a plumber to remove the insinkerator. The respondent also acknowledged the issue with the heat pump but requested that the tenant attempt to replace the batteries and report back if the issue persisted.
The applicant did not respond until 25 July 2025, at which point he followed up regarding the heat pump, advising that it still had not been repaired. He stated that the house was extremely cold and requested that the matter be resolved urgently, as it was affecting his health.
On the same day, the respondent clarified that the troubleshooting requested on 26 June had already been completed and that the batteries were not the cause of the fault, which the applicant confirmed.
In the days that followed, the applicant sought compensation for the delay in addressing the heat pump issue. The applicant also arranged for a contractor’s assessment on 31 July 2025, which recommended replacement of the unit. The heat pump was subsequently replaced on 14 August 2025.
The applicant has applied for a breach of the Healthy Homes Standards, alleging that the landlord failed to provide an adequate heating source in the living area for a period of time.

What are the issues that I must decide?

Although the applicant has requested that I find the landlord in breach of their obligations to comply with the Healthy Homes Standards, I do not consider this to be the case. It is accepted that a compliant heating source was provided. This is confirmed in the pre-inspection report, which was completed and returned by the tenants to the landlord with no concerns raised at that time.
The fact that the heat pump was later found to require replacement does not, in my view, amount to a failure to provide a heating source. A functioning heat pump was installed and believed to be operational at the commencement of the tenancy.
In substance, the issue the applicant now asks me to determine is whether the respondent breached their obligations under section 45(1)(b) of the Residential Tenancies Act 1986, namely, the obligation to provide and maintain the premises in a reasonable state of repair. The question is therefore whether the actions taken by the landlord, once they became aware of the issue, were reasonable in the circumstances. Did the respondent breach their obligation to maintain the property in a reasonable state?
Cases such as this turn on their context. Section 45(1)(b) of the Residential Tenancies Act 1986 requires the landlord to provide and maintain the premises in a reasonable state of repair. Where issues arise during the tenancy, the tenant is obliged to notify the landlord, who must then respond to those concerns within a reasonable timeframe and in a reasonable manner.
In this case, the issue with the heat pump was identified during the routine inspection on 25 June 2025. Following that inspection, the property manager sent an email identifying the matter and requested that the tenant undertake some basic troubleshooting in relation to the heat pump remote. The email was not responded to, and at that stage, it was reasonable for the landlord to take no further action.
When the landlord was subsequently notified on 25 July 2025 that the troubleshooting had been completed and that the issue persisted, they arranged for a contractor to assess the heat pump. The contractor recommended replacement, and the heat pump was replaced within approximately two weeks of this recommendation.
In my view, those actions were reasonable in the circumstances and met the standard required of the landlord under section 45(1)(b). Accordingly, I find that the landlord did not breach their obligations and that they complied with the Healthy Homes Standards. This claim is therefore dismissed.
Because the applicant has not been successful in their application the filing fee and name suppression have not been granted. H Ben Fayed 31 October 2025

Tenancy Tribunal case 5322199 — State of repair at 48 Kent Lodge Avenue, Avonhead, Christchurch 8042

At a glance

Tenancy Tribunal case 5322199 — State of repair at 48 Kent Lodge Avenue, Avonhead, Christchurch 8042

At a glance

Claims & awards

Order

What are the issues that I must decide?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

What are the issues that I must decide?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions