What was Tenancy Tribunal case 5335246 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 5335246?

Consent Order Award: $208.36 awarded to landlord

What type of tenancy dispute was case 5335246?

The primary dispute was Rent arrears. Related themes: State of repair, Healthy homes, Exemplary damages.

Where can I read the official tribunal order for case 5335246?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12668458-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5335246 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 5335246?

Consent Order Award: $208.36 awarded to landlord

What type of tenancy dispute was case 5335246?

The primary dispute was Rent arrears. Related themes: State of repair, Healthy homes, Exemplary damages.

Where can I read the official tribunal order for case 5335246?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12668458-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5335246 — Rent arrears

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New Zealand Tenancy Tribunal Case 5335246 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5335246. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Consent order award	$208.36		Consent order award

Claims and awards for application 5335246. Verify on MoJ.

Consent order award

Amount: $208.36
Awarded to: Landlord
Reason: Consent order award

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
The Bond Centre is to pay the bond of $1,600.00 ([Bond number suppressed]) immediately to [The tenant/s].
By agreement Highland Real Estate Group Limited As Agent For Rory Seaton And Caren Vab Gastel Melissa McGrannachan must immediately pay to [The tenant/s] compensation of $208.36.
The application for compensation of $5,158.00 and exemplary damages is dismissed.

Reasons

Both parties attended the hearing.
The tenancy was originally for a fixed term from 25/8/2023 to 23/4/2024 and was renewed to 23/8/2025 at $450.00 rent per week.
The tenancy was varied on 8/3/2025 and one tenant was removed.
The remaining tenant vacated the premises on 6/7/2025.
The Tribunal issued a previous order on 12/12/2024 under application 5050236 for the landlord to pay compensation of $139.00 for a septic tank pump and a work order for completion by 31/1/2025.
As the work order was not made by consent an alternative monetary order was also made.
The tenant claims the work order was not fully complied with within the timeframe and seeks compensation by way of a 50% reduction in rent from 31/1/2025 to 6/7/2025.
In addition, the tenant wants a refund of the bond of $1,600.00 and exemplary damages.

Did the landlord comply with their obligations?

[The tenant/s] claims that the landlord has breached their obligations by committing an unlawful act as found in the previous order by not repairing the oven element, failing to replace rotten weatherboards and not regularly attending to draught stopping.
Under section 45, a landlord must, among other matters, provide and maintain the premises in a reasonable state of repair.
Section 45(1)(bb) requires compliance with the Residential Tenancies (Healthy Homes Standards) 2019 (HHS), in particular for draught stopping.
Compliance dates for the HHS vary depending on the tenancy: a. For private rentals i. 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. ii. All private rentals must comply by 1 July 2025.
Breaching either 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.
As the tenancy began on 25/8/2023 the compliance date for Healthy Homes Standards would have been 23/12/2023.
I previously found that the landlord committed an unlawful act.
However, I consider I am unable to award any exemplary damages because under section 109(2)(b) a landlord or tenant cannot apply for exemplary damages later than 12 months after the date of commission of the unlawful act.
The evidence of the tenant was that most, if not all of the issues arose at or near the beginning of the tenancy and not within the past twelve months.
The claim for exemplary damages fails.

Did the landlord fail to comply with the work order?

The tenant submitted that the landlord failed to comply with the work order within the timeframe specified by the Tribunal.
As compensation the tenant sought a reduction in her rent.
In support of her claim the tenant provided an email dated 10/2/2025 sent to the landlord outlining the problems, photographs of the front door and videos of draughts in various rooms.
On the other hand, the landlord disputed that all the issues in the work order had not been rectified and suggested that the undated photographs and videos were taken prior to the work being completed.
The owner of the premises appeared at the hearing and gave evidence about what work had been undertaken, including finding no defect with the oven and provided an invoice from the builder who replaced the rotten weatherboard, adjusted the front door and kitchen window.
Further the owner confirmed that extra work had been undertaken on draught proofing bedroom windows, which were not part of the original order, on 17/2/2025.
At the hearing the tenant agreed the oven had “resolved itself” and that she had agreed with the builder that the front door did not need replacing but reframing because it had moved.
I am not persuaded by the evidence of the tenant that the landlord failed to comply with the work order withing the required timeframe.
While other work may have been undertaken, in particular catches on bedroom windows, I am satisfied these were for matters not included in the work order.
The claim for compensation fails.

Does the tenant owe rent arrears?

Although the landlord had not made a claim for rent arrears, the tenant agreed, in the interests of concluding the matter at the hearing, that the arrears claim could be determined.
The landlord sought rent arrears of $514.29 from 7/7/2025 to 14/7/2025.
The landlord submitted that on several occasions from 27/2/2025 the tenant wanted to end the fixed term tenancy early and had changed her mind, on one occasion after a new tenant had been found.
A notice ending the fixed term tenancy on 23/8/2025 was issued by the landlord on 9/6/2025.
In response the tenant believed she was only responsible to pay rent to 6/7/2025.
The tenant submitted that on 23/6/2025 she had given the landlord notice of her withdrawal from the tenancy due to family violence in November 2024, the end date of her tenancy to be 6/7/2025.
Section 56B sets out the criteria for withdrawal from a fixed term tenancy following family violence.
A tenant may withdraw from the tenancy by giving at least two days notice, accompanied by qualifying evidence that the tenant was a victim of family violence while a tenant of the premises.
Subsection (2) provides that if there are no other tenants under the tenancy at the time of the withdrawal, the tenancy terminates.
Family violence has the meaning given to it by section 9 of the Family Violence Act 2018 and includes psychological as well as physical abuse.
There is no dispute that the tenant provided the qualifying evidence from a medical practitioner, what is disputed is whether the tenant can rely on family violence which occurred 8 months before she gave notice.
The landlord’s position that the tenant is abusing the use of the family violence withdrawal provisions under section 56B is understandable.
However, the Tribunal does not have jurisdiction to determine a dispute, as far as it raises a question about whether a tenant who gave notice accompanied by qualifying evidence was in fact a victim of family violence while a tenant.
In the absence of fraud or lack of good faith, a declaration given by a person qualified to do so, as in this case a medical practitioner, is conclusive.
The claim for rent arrears fails.

Should compensation be awarded?

By consent the landlord agreed to pay to the tenant compensation of $208.36 for gas bottles.
No filing fee is awarded because the tenant was only partly successful with her claim.
Suppression is granted to the tenant under section 95A(1A) and (4) because part of the proceedings relate to section 56B and to maintain her confidentiality because suppression was allowed under the previous Order.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5335246. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Consent order award	$208.36		Consent order award

Claims and awards for application 5335246. Verify on MoJ.

Consent order award

Amount: $208.36
Awarded to: Landlord
Reason: Consent order award

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
The Bond Centre is to pay the bond of $1,600.00 ([Bond number suppressed]) immediately to [The tenant/s].
By agreement Highland Real Estate Group Limited As Agent For Rory Seaton And Caren Vab Gastel Melissa McGrannachan must immediately pay to [The tenant/s] compensation of $208.36.
The application for compensation of $5,158.00 and exemplary damages is dismissed.

Reasons

Both parties attended the hearing.
The tenancy was originally for a fixed term from 25/8/2023 to 23/4/2024 and was renewed to 23/8/2025 at $450.00 rent per week.
The tenancy was varied on 8/3/2025 and one tenant was removed.
The remaining tenant vacated the premises on 6/7/2025.
The Tribunal issued a previous order on 12/12/2024 under application 5050236 for the landlord to pay compensation of $139.00 for a septic tank pump and a work order for completion by 31/1/2025.
As the work order was not made by consent an alternative monetary order was also made.
The tenant claims the work order was not fully complied with within the timeframe and seeks compensation by way of a 50% reduction in rent from 31/1/2025 to 6/7/2025.
In addition, the tenant wants a refund of the bond of $1,600.00 and exemplary damages.

Did the landlord comply with their obligations?

[The tenant/s] claims that the landlord has breached their obligations by committing an unlawful act as found in the previous order by not repairing the oven element, failing to replace rotten weatherboards and not regularly attending to draught stopping.
Under section 45, a landlord must, among other matters, provide and maintain the premises in a reasonable state of repair.
Section 45(1)(bb) requires compliance with the Residential Tenancies (Healthy Homes Standards) 2019 (HHS), in particular for draught stopping.
Compliance dates for the HHS vary depending on the tenancy: a. For private rentals i. 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. ii. All private rentals must comply by 1 July 2025.
Breaching either 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.
As the tenancy began on 25/8/2023 the compliance date for Healthy Homes Standards would have been 23/12/2023.
I previously found that the landlord committed an unlawful act.
However, I consider I am unable to award any exemplary damages because under section 109(2)(b) a landlord or tenant cannot apply for exemplary damages later than 12 months after the date of commission of the unlawful act.
The evidence of the tenant was that most, if not all of the issues arose at or near the beginning of the tenancy and not within the past twelve months.
The claim for exemplary damages fails.

Did the landlord fail to comply with the work order?

The tenant submitted that the landlord failed to comply with the work order within the timeframe specified by the Tribunal.
As compensation the tenant sought a reduction in her rent.
In support of her claim the tenant provided an email dated 10/2/2025 sent to the landlord outlining the problems, photographs of the front door and videos of draughts in various rooms.
On the other hand, the landlord disputed that all the issues in the work order had not been rectified and suggested that the undated photographs and videos were taken prior to the work being completed.
The owner of the premises appeared at the hearing and gave evidence about what work had been undertaken, including finding no defect with the oven and provided an invoice from the builder who replaced the rotten weatherboard, adjusted the front door and kitchen window.
Further the owner confirmed that extra work had been undertaken on draught proofing bedroom windows, which were not part of the original order, on 17/2/2025.
At the hearing the tenant agreed the oven had “resolved itself” and that she had agreed with the builder that the front door did not need replacing but reframing because it had moved.
I am not persuaded by the evidence of the tenant that the landlord failed to comply with the work order withing the required timeframe.
While other work may have been undertaken, in particular catches on bedroom windows, I am satisfied these were for matters not included in the work order.
The claim for compensation fails.

Does the tenant owe rent arrears?

Although the landlord had not made a claim for rent arrears, the tenant agreed, in the interests of concluding the matter at the hearing, that the arrears claim could be determined.
The landlord sought rent arrears of $514.29 from 7/7/2025 to 14/7/2025.
The landlord submitted that on several occasions from 27/2/2025 the tenant wanted to end the fixed term tenancy early and had changed her mind, on one occasion after a new tenant had been found.
A notice ending the fixed term tenancy on 23/8/2025 was issued by the landlord on 9/6/2025.
In response the tenant believed she was only responsible to pay rent to 6/7/2025.
The tenant submitted that on 23/6/2025 she had given the landlord notice of her withdrawal from the tenancy due to family violence in November 2024, the end date of her tenancy to be 6/7/2025.
Section 56B sets out the criteria for withdrawal from a fixed term tenancy following family violence.
A tenant may withdraw from the tenancy by giving at least two days notice, accompanied by qualifying evidence that the tenant was a victim of family violence while a tenant of the premises.
Subsection (2) provides that if there are no other tenants under the tenancy at the time of the withdrawal, the tenancy terminates.
Family violence has the meaning given to it by section 9 of the Family Violence Act 2018 and includes psychological as well as physical abuse.
There is no dispute that the tenant provided the qualifying evidence from a medical practitioner, what is disputed is whether the tenant can rely on family violence which occurred 8 months before she gave notice.
The landlord’s position that the tenant is abusing the use of the family violence withdrawal provisions under section 56B is understandable.
However, the Tribunal does not have jurisdiction to determine a dispute, as far as it raises a question about whether a tenant who gave notice accompanied by qualifying evidence was in fact a victim of family violence while a tenant.
In the absence of fraud or lack of good faith, a declaration given by a person qualified to do so, as in this case a medical practitioner, is conclusive.
The claim for rent arrears fails.

Should compensation be awarded?

By consent the landlord agreed to pay to the tenant compensation of $208.36 for gas bottles.
No filing fee is awarded because the tenant was only partly successful with her claim.
Suppression is granted to the tenant under section 95A(1A) and (4) because part of the proceedings relate to section 56B and to maintain her confidentiality because suppression was allowed under the previous Order.

Tenancy Tribunal case 5335246 — Rent arrears

At a glance

Tenancy Tribunal case 5335246 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Did the landlord comply with their obligations?

Did the landlord fail to comply with the work order?

Does the tenant owe rent arrears?

Should compensation be awarded?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Did the landlord comply with their obligations?

Did the landlord fail to comply with the work order?

Does the tenant owe rent arrears?

Should compensation be awarded?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions