What was Tenancy Tribunal case 5325442 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 5325442?

Compensation: Healthy Homes Report: $205.85 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5325442?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 5325442?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12573491-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5325442 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 5325442?

Compensation: Healthy Homes Report: $205.85 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5325442?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 5325442?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12573491-Tribunal_Order_Redacted.pdf.

119A Hataitai Road, Hataitai, Wellington 6021 Tenancy Tribunal Case 5325442 — Healthy homes

Claims and awards in Tenancy Tribunal application 5325442 — net $233.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Healthy homes report	$205.85	Healthy homes report
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$233.85
Total payable by Landlord to Tenant	$233.85

Claims and awards in Tenancy Tribunal application 5325442 — net $233.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Healthy homes report	$205.85	Healthy homes report
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$233.85
Total payable by Landlord to Tenant	$233.85

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants’ names and identifying details.
The term of the fixed-term tenancy of [The tenant/s] at 119A Hataitai Road, Hataitai, Wellington 6021 is reduced and now ends at 11.59 pm on Sunday 30 November 2025.
Thianhong Sae-Jiw must pay [The tenant/s] $233.85 immediately.
The landlord must carry out the following work to the premises, which must be completed by 5pm on Tuesday 28 October 2025: a. Clean the gutters to remove all the leaves and other debris b. Clear the downpipes and drains of leaves and other debris c. Clean the deck, path and driveway surfaces of moss and make sure they are not slippery d. Clean the external steps from the street to the house of any moss and make sure they are not slippery.
As an alternative to compliance with Order 4, the landlord must pay the tenant $1000 immediately.
If the landlord fails to comply with either Order 4 or 5 above, then the tenant may undertake the work and charge the landlord the costs of this work up to $1000. These costs may be set off against rent payable.
All other claims are dismissed.

Reasons

One tenant attended the hearing. She had a support person with her. The landlord did not attend the hearing but sent a statement which was discussed during the hearing.
The parties signed a tenancy agreement for a two year fixed term. The house is set down from the road and there are about 70 steps down to the house from the footpath. The tenants who live in the house are a family and they have two dogs. The tenants have raised concerns with the landlord during the tenancy about maintenance and the Healthy Homes Standards (HHS). They want out of the fixed term tenancy, so they have filed this application. They also want me to consider compensation and exemplary damages. The questions I have to decide are: • Should I adjourn the hearing? • Does the house comply with the HHS? • Did the house need cleaning and maintenance? • Should I make work orders? • Should I reduce the term of the tenancy?

Should I adjourn the hearing?

The notices of hearing were sent out in August 2025. Last week on 6 October, the landlord telephoned tenancy services and asked for an adjournment because she is out of the country and unable to attend. No supporting information was provided. On 8 October the landlord submitted a well written, four page statement which explains that the statement is a written response to the application made by the tenants. There was no request for an adjournment. The landlord states: My apologies, but I am unable to attend the hearing in person, I hope this statement provides a clear view to the adjudicator of my side of the story.
The day before the hearing, at 4.29pm, the Tribunal registry received an email from the contact centre, sent on behalf of the landlord and her husband, asking for an adjournment or to attend by telephone. We tried to call the landlord a number of times at the start of the hearing, but there was no answer.
I decided the hearing should go ahead because the tenant and her support person turned up, the hearing was set down for the day to consider an ongoing tenancy, I had a comprehensive statement from the landlord, and the request for an adjournment or to be contacted by telephone came too late to be considered properly.

Does the house comply with the HHS?

The tenant was worried about the amount of water lying around the house and the steps. This does not seem to drain properly. She was also concerned about the house being damp and about water ingress. She arranged for an independent report from On Core. The house was assessed on 3 July 2025 and the HHS report was provided to the landlord as part of the supporting documentation for the application.
The On Core report writer found the house complied with all but the moisture ingress and drainage standard. This standard requires 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. See section 45(1A) and schedule 1A Residential Tenancies Act 1986 (RTA).
The report writer has provided good photos of the blocked gutters and also noted that: The gutters, downpipes and drains are insufficient for the removal of all storm, surface and ground water. There are some issues preventing them from being in good working order. See attached photos.
The landlord is required to comply with the HHS. The tenancy started on 1 March 2025 and the gutters and drains should have been checked before winter. The landlord has had a copy of the HHS report since 20 August, but the gutters and drains have not been checked. In her statement the landlord records that there was a dispute about access. I advised the tenant at the hearing that the landlord has a right to access the tenancy premises to carry out maintenance, such as clearing gutters and checking the drainage.
Breaching the obligation to meet the moisture ingress and drainage standard is an unlawful act for which compensation and exemplary damages may be awarded. I decline to order these because the tenants’ support person emailed at the start of May and told the landlord that “access was declined”. This has been used by the landlord as a free pass in her in her statement, stating the gutters etc will be repaired once the tenants allow access. All claims relating to the breach of the HHS are dismissed.
I do find the landlord should reimburse the cost of the HHS report. The landlord should have taken the tenants’ concerns about drainage and moisture ingress seriously and had a qualified tradesperson go to the house to check. The tenants only had the HHS report done because they felt they was not being taken seriously. As it turns out they were right to be concerned.

Did the house need cleaning and maintenance?

The tenants claim that the landlord breached her obligations under section 45 of the RTA which require the landlord to provide the premises in a reasonable state of cleanliness and to provide and maintain the premises in a reasonable state of repair. Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded.
This is the tenants’ claim to prove. The tenant said the house was not clean when they moved in. The landlord went and cleaned the next day. The tenant does not have sufficient photos showing the condition of the house when she moved in or after the additional cleaning. I find the tenant has not proved the house was not in a reasonable condition when she moved in. This claim is dismissed.
The tenants raised a number of maintenance issues on 30 April and sent photos to the landlord. The landlord’s statement is that she tried to arrange a time for her husband to come and look at the issues. No time was agreed. The tenant’s support person then said access was declined. This was not helpful to the tenants.
The only breach of the obligation to carry out maintenance that the tenants have proved is that parts of the grounds and the decks are slippery, most likely from moss. This is very clearly noted in the HHS report. I find there may have been other maintenance breaches but the tenants’ actions in preventing access mean I cannot allow compensation for any breaches. All claims relating to cleaning and maintenance are dismissed.

Should I make work orders?

Despite the dispute about access, I find the landlord should have investigated, carried out any repairs, and cleared the gutters and drains. I find the fact the landlord did not carry out the work after receiving the HHS report is indicative of her priorities. I am also concerned about the slippery paths and deck. Where I find that the landlord has failed to comply with any of these obligations I can make an order for the landlord to carry out the work. See section 78(1)(e) RTA.
I am making work orders to make sure the landlord carries out the work. Even though the work is outside the house 24 hours notice should be given to the tenants as a courtesy, because it is likely the work will be noisy and messy.
The work orders are not being made by consent so there is a requirement that I also make a money order. See sections 78(2) and 78(2AA) RTA.
If the landlord does not do the work or pay the money to the tenants then the tenants are authorised to undertake the work and charge the landlord the costs of doing the work, to a maximum of $1,000. These costs can be set off by the tenants against rent payable. See sections 78(2AAB) and 78(2AAC)(b) RTA.

Should I reduce the term of the tenancy?

The tenants want the tenancy to end. They are concerned about the water that doesn’t drain away and they are worried the house is damp. The decks and the steps to the house are slippery. The tenant who come to the hearing is also worried about a new health condition and her ability to safely negotiate the 70 or so stairs from the footpath down to the house.
The usual legal position with a fixed-term contract is that the term of the contract will be applied strictly, and it is only in limited circumstances that a court or tribunal will interfere with it. For residential tenancies, one of those circumstances is found in s 66 RTA, which allows for the reduction of fixed term tenancy agreements.
There is a high threshold to be met before the Tribunal will reduce the term. In particular the applicant will need to establish that: a. there has been a change in their circumstances b. the change was unforeseen c. the unforeseen change will result in severe hardship to the applicant if the tenancy is not reduced d. the severe hardship the applicant will suffer if the term is not reduced exceeds the hardship the other party will suffer if the term is reduced.
The tenant provided me with medical evidence that shows she is suffering from sudden dizziness, light-headedness, and loss of balance. The medical notes say this has gotten much worse over the past three months. The tenant said she has really noticed the steps are hard for her and she worries about her safety. This is made worse when the steps are wet and the paths and the deck are slippery. She has been referred to a specialist and to a vestibular physiotherapist.
It seems most likely to me this is a significant change in the tenant’s circumstances. When the tenancy started the stairs were not an issue at all. The tenant was occasionally dizzy but did not suffer in the same way. The medical notes support the tenant’s submission this is a new diagnosis. I find this change was unforeseen.
The landlord could not comment on the change in circumstances because this was information that the tenant provided at the hearing in response to my questions. There is no mention of financial or other hardship in the landlord’s written statement.
I am persuaded the hardship for the tenant if the fixed term is not reduced will be greater than the hardship for the landlord in finding new tenants. The term of the tenancy is reduced and the tenancy now ends on Sunday 30 November 2025.
Section 66(2) RTA provides that, if the Tribunal reduces the term of the tenancy, it may order the applicant to pay reasonable compensation to the other party for any loss or damage which results from the reduction of the term. I find there is no basis for compensation here because the tenancy will end in another six weeks, which is plenty of time for the landlord to advertise. Other orders
Because the tenants have substantially succeeded with the claim I have reimbursed the filing fee.
The tenants’ application for suppression is allowed because they are the most successful party. The landlord’s name will be published because there is public interest when work orders are made. See section 95A RTA.

Tenancy Tribunal case 5325442 — Healthy homes at 119A Hataitai Road, Hataitai, Wellington 6021

At a glance

Tenancy Tribunal case 5325442 — Healthy homes at 119A Hataitai Road, Hataitai, Wellington 6021

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Should I adjourn the hearing?

Does the house comply with the HHS?

Did the house need cleaning and maintenance?

Should I make work orders?

Should I reduce the term of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Should I adjourn the hearing?

Does the house comply with the HHS?

Did the house need cleaning and maintenance?

Should I make work orders?

Should I reduce the term of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions