What was Tenancy Tribunal case 5325417 about?

The tribunal order states: [The landlord/s] and [The landlord/s] are to pay [The tenant/s] and

How much money was awarded in case 5325417?

Compensation: painting the ceilings…: $735.00 awarded to tenant; Compensation: power for dehumidifier…: $150.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant; Rent Reduction: $1,560.00 awarded to tenant

What type of tenancy dispute was case 5325417?

The dispute type was not classified.

Where can I read the official tribunal order for case 5325417?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12800269-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5325417 about?

The tribunal order states: [The landlord/s] and [The landlord/s] are to pay [The tenant/s] and

How much money was awarded in case 5325417?

Compensation: painting the ceilings…: $735.00 awarded to tenant; Compensation: power for dehumidifier…: $150.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant; Rent Reduction: $1,560.00 awarded to tenant

What type of tenancy dispute was case 5325417?

The dispute type was not classified.

Where can I read the official tribunal order for case 5325417?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12800269-Tenancy_Tribunal_Order.pdf.

5 Oakley Avenue, Waterview, Auckland 1026 Tenancy Tribunal Case 5325417 — Tenancy dispute

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5325417 — net $2,473.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$28.00	Filing fee reimbursement
Compensation: painting the ceilings 21hours	$735.00	painting the ceilings 21hours
Compensation: power for dehumidifier 3 months	$150.00	power for dehumidifier 3 months
Rent reduction	$1,560.00	Rent reduction
Net award	$2,473.00
Total payable by Landlord to Tenant	$2,473.00

[The landlord/s] and [The landlord/s] are to pay [The tenant/s] and [The tenant/s] the sum of $2473.00 immediately for compensation, reimbursement of the filing fee and rent reduction as calculated and set out below: DescriptionTenant Filing fee reimbursement $28.00 Compensation: painting the ceilings 21hours @$35.00 $735.00 Compensation: power for dehumidifier 3 months Rent reduction $150.00 $1560.00 Total award $2473.00 Total payable by Landlord to Tenant $2473.00

Reasons

Both parties attended the hearing.

This is a tenant application. The tenancy commenced on 7 March 2025 and is ongoing. This is a fixed term tenancy.

The landlord had been painting the interior of the property prior to the tenancy commencing. The tenants were of the view that the landlord was to repaint the entire property before they took possession of the property. At the start of the tenancy the landlord had not painted the ceilings in the property.

The tenants took it upon themselves to complete the painting and advised the landlord, who arranged paint to be supplied to the tenants. The tenant took three days to repaint all the ceilings in the house and attend to minor repairs.

The tenants are claiming compensation for the cost of the labour to carry out the work.

The tenants felt that the property was not compliant with Healthy Homes Standards under the Residential Tenancies Act 1986 (“RTA”), due to mould and dampness. The tenants asked for a copy of the Healthy Homes Compliance report on 18 May 2025, which they say was not provided to them.

Subsequently the landlord had a Healthy Homes Assessment Report completed and the property was deemed to be non-compliant in several areas.

The tenants are claiming that the landlord has breached their obligations regarding the Healthy Homes Standards under the RTA and failed to provide the information requested regarding the Healthy Homes status of the property within 21 days of requesting it.

The tenants seek compensation for the time involved in the painting and repairs, and extra power bills over winter and exemplary damages for the landlord’s breach of their obligations under the RTA and a rent reduction. Compensation for painting and minor repairs:

The tenants advised the landlord that they would like to complete the painting themselves. The landlord provided the paint. The tenant seeks to be compensated for the three days he spent doing the work. The landlord was not opposed to paying for the work but points out there was no agreement that the full interior would be repainted before the start of the tenancy nor any discussions with him about compensation.

I consider the tenant has enhanced the landlord’s property by carrying out the work, and therefore compensation is appropriate.

I have considered what would be a reasonable rate and award the tenant $735.00 which is 21 hours at $35.00 per hour. Breach Of Healthy Homes Standards:

[The tenant/s] and [The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.

Under section 45, a landlord must comply with all requirements in respect of smoke alarms and insulation set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 comply with any relevant enactment in relation to buildings, health, and safety. Moisture Ingress

[The tenant/s] and [The tenant/s] claims that the landlord has breached the landlord’s obligations under section 45(1) (bb) of the Residential Tenancies Act 1986 (RTA), which requires compliance with the Residential Tenancies (Healthy Homes Standards) 2019 (HHS). [The tenant/s] and [The tenant/s] considers that the landlord has failed to comply with the HHS moisture ingress and drainage standard.

The moisture ingress and drainage standard require that buildings comprising residential tenancies must have efficient systems to drain storm water, surface water and ground water, and that includes gutters, downpipes, and drains. The Standard requires a ground moisture barrier when there is an enclosed subfloor space.

Prior to the commencement of the tenancy the landlord provided Healthy Homes Statements. The landlord believed that the premises was Healthy Homes compliant, before the tenancy commenced. The underfloor and ceiling insulation had been added in 2018.

The tenants felt that the premises were cold, damp, and mouldy and investigated under the house to check on the underfloor insulation.

The tenant identified some issues with the underfloor insulation and advised the landlord on 11 May 2025.

Subsequently the landlord obtained a Healthy Homes Report dated 12 June 2025, which found that there were areas where the property was non-compliant. The landlord stated that once these areas of non-compliance were identified they took immediate steps to remedy the problems.

There were several delays by the contractors employed to provide the under-floor insulation and the moisture barrier, which was finally installed on 27 August 2025. Ventilation:

The ventilation standard sets out minimum expectations around windows and doors, and in particular the area of doors and windows that are openable. The standard also requires that each kitchen and bathroom have extractor fans installed with a minimum defined extraction capacity.

Compliance dates for the HHS vary depending on the tenancy: a. For private rentals i. If the tenancy commenced between 1 July 2021 and before 28 August 2022, the rental must comply within 90 days of the commencement of any new or renewed tenancy: or ii. If the tenancy commenced between 28 August 2022 but before 3 March 2025, the rental must comply within 120 days of the commencement of any new or renewed tenancy. iii. All private rentals must comply by 1 July 2025. b. All boarding houses must comply by 1 July 2021. c. All houses rented by Kāinga Ora and registered Community Housing Providers must comply by 1 July 2024.

The HHS does provide exemptions in specific circumstances.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A).

The Healthy Homes Report identified that three windows needed to be replaced, and the bathroom fan needs to be vented outside. The report was completed on 12 June 2025 and the windows were repaired on 9 July and bathroom vent on 8 th July 2025.

In this case I have determined that the property was not compliant with Healthy Homes Standards under the RTA.

I find [The landlord/s] and [The landlord/s] have committed an unlawful act.

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 the party’s intent, the effect of the unlawful act, the interest of the other party, and the public interest. See section 109(3) RTA.

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 the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986. Unlawful Act – No Intention

The Tribunal finds that the landlord has committed an unlawful act under section 45 of the Residential Tenancies Act 1986. However, for exemplary damages to be ordered, section 109(3) of the Act requires that the unlawful act was committed intentionally.

In this case, I am not satisfied that the landlord acted intentionally. There is no evidence that the landlord turned their mind to the act and deliberately set about to commit it. As a result, while the landlord has committed an unlawful act, exemplary damages are not available.

I do not find that the landlord committed the unlawful act intentionally. Landlord’s obligation to provide documents on HHS.

[The tenant/s] and [The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.

Under section 45, a landlord must, if requested by the tenant, supply the records or other documents that relate to the landlords’ compliance with the Healthy Homes Standards within 21 days after receiving the request.

Breaching any of these obligations without a reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $750.00. See section 45(1AD) and Schedule 1A Residential Tenancies Act 1986.

The landlord provided a Healthy Homes Statement at the start of the tenancy. However, after the tenant raised the concerns about the property, the landlord obtained a report.

The landlord accepts that they may have not kept in communication with the tenants to their standards, but that they did try to stay in contact. The Healthy Homes Assessment was carried out on 12 June 2025. The landlord did not provide the information requested by the tenants.

I find the landlord has committed an unlawful act.

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 the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.

I am left in the same position I found regarding the breach of Healthy Homes Standard, that I am not satisfied that the landlord acted intentionally. There is no evidence that the landlord turned their mind to the act and deliberately set about to commit it. As a result, while the landlord has committed an unlawful act, exemplary damages are not available.

I do not find that the landlord committed the unlawful act intentionally. Rent Reduction for Unintentional Breach of Healthy Homes Standards

The tenants seek a rent reduction of 10% of the rent for the period of 24 weeks when the property was not compliant with Healthy Homes Standards.

The Tribunal finds that the landlord has breached the Healthy Homes Standards as required under the Residential Tenancies Act 1986. While there is no evidence that the breach was committed intentionally, and therefore exemplary damages are not available, the tenant has not received the benefit of premises that comply with the required standards.

The Tribunal is satisfied that the tenant has suffered a loss of amenity as a result of the landlord’s failure to comply. It is appropriate to recognise this loss by ordering a reduction in rent.

Accordingly, I order that the rent is reduced by $65.00 per week for the period from 7 March 2025 to 28 August 2025, being the period during which the premises did not comply with the Healthy Homes Standards. The total rent reduction is $1560.00 which is to be paid by the landlord to the tenant. Filing Fee:

Because [The tenant/s], [The tenant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5325417 — net $2,473.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$28.00	Filing fee reimbursement
Compensation: painting the ceilings 21hours	$735.00	painting the ceilings 21hours
Compensation: power for dehumidifier 3 months	$150.00	power for dehumidifier 3 months
Rent reduction	$1,560.00	Rent reduction
Net award	$2,473.00
Total payable by Landlord to Tenant	$2,473.00