Published tribunal order
Tenancy Tribunal case 5338648 — State of repair at 37 Johnston Street, Gore 9710
Decided 10 Nov 2025 · Published 10 Nov 2025 · Application 5338648
- State of repair
Order
- [The landlord/s] And Company Limited As Agent For Manjinder & Pargat Sandhu Trudy Thompson is to pay [The tenant/s] the sum of $328.00, $200.00 for breaching the failure to maintain and a further $100.00 for failing to provide the documents.
Reasons
- Both parties attended the hearing in person.
- The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
- The applicant has filed a claim to the Tribunal claiming that the landlord has breached their obligation to maintain the property in failing to address the heating issue, that being the fixing of the heat pump. Further the tenant seeks exemplary damages given the landlord filed to provide the information she sought in relation to the compliance of the healthy home’s standards. I shall deal with each issue separately.
Has the landlord breached their obligation to maintain the property?
- [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 provide and maintain the premises in a reasonable state of repair and in a reasonable time. 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) and Schedule 1A Residential Tenancies Act 1986
- The decisions of the Tribunal support the expectation that landlords must repair heating, such as a heat pump within a reasonable time, that that delays of more than a week, without good excuse, can be considered a breach of the landlords’ obligations.
- The tenant claims that it took thirteen days to get a new heat pump, in fact two were installed and one significantly larger than the one that was there originally.
- She claims that there were delays because the repairer arrived during the time she had clearly stated she was unavailable,(one hour while she was collecting her child from school) creating further delays, and further that there were delays given the landowner wished to look at the heat pump first to see if he could fix it, regardless of the electrician stating that it needed to be replaced.
- The tenant further claimed that she had three young children, of whom were sick. The tenant gave evidence that the electrician viewed the job as a priority.
- The landlord accepted that the repairer attended at the incorrect time and further that the landlord lived out of town and could not attend when requested and the tenant was not happy with the owner attending the home.
- In essence it took thirteen days to get the heat pumped fixed in the middle of winter and I find that there should be some compensation for this. Whilst two small inappropriate heaters were provided, they were inappropriate and caused an increase in power for the tenant.
- 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.
- Having considered all of the evidence, I am satisfied that there was a breach. I find that a delay of more than a week for repair to a primary heating source (a heat pump) was unreasonable, particularly during the winter.
- Further when the main source, the heat pump is required to meet the Healthy Homes heating standard, repairs must be carried out promptly. Has the landlord breached their obligation by failing to provide documentation?
- [The tenant/s] further 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 tenant requested on a number of occasions the documentation in relation to the compliance of the requirement for insulation and heating. Whilst the agent stated she had notified the tenant there is no evidence of the email and the tenant claims that she never received it.
- Whilst the documentation confirmed that there was compliance, the tenant deserved to be shown respect in relation to her repeated requests. She is understandably frustrated by the lack of communication around the disclosure of the documents. The reason for the request was that the information she was given at the commencement of the tenancy recorded as she understood an issue with the insulation in 2023. She had every reason to request the documentation, and the law provides for it. Her request was also made following advice from the electrician.
- Having considered the evidence I therefore find that there was a breach of the 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.
- Having considered the evidence I make an award accordingly to ensure that landlords are aware of their obligations.
- Both parties confirmed that there were no further submissions to be made and the tenant confirmed that this concluded her claim.
- There is agreement that the tenancy is coming to an end on 24 November 2025.
- Because [The tenant/s] has wholly succeeded with the claim I must reimburse the filing fee.