Published tribunal order
Tenancy Tribunal case 5361545 — Leaks
Decided 10 Dec 2025 · Published 10 Dec 2025 · Application 5361545
- Leaks
- Smoke alarms
- Healthy homes
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
- The landlord must carry out the following work to the premises, which must be completed by 30 January 2026. a. the 135 litre hot water cylinder is to be replaced by a cylinder of at least a 225 litre capacity. b. The replacement cylinder must have a 3.0kW element. c. The landlord may retain the low-pressure system or change to a high- pressure system. d. If necessary, the shower mixer must be changed to best suit the new cylinder.
- As an alternative to compliance with Order 2, the landlord must pay the tenant $4,000 immediately. The tenant will refund the landlord any amount that exceeds the cost of replacing the hot water cylinder.
- If the landlord fails to comply with either Order 2 or 3 above, then the tenant may undertake the work and charge the landlord the costs of this work up to $4000.00. These costs may be set off against rent payable.
- The tenant may also reduce the next rent payment by an additional $28.00 to cover the filing fee for this application.
- The next rent payment is reduced by $100.00, and rent will continue to be reduced by $100.00 until the replacement cylinder work is completed.
Reasons
- Both parties attended the hearing.
- The tenancy began in 2010. The tenancy agreement records a maximum of 5 occupants. Until recently the tenant had four children with her at the property. This has now reduced to three.
- On or about 2017 the H/W cylinder was found to be leaking. It was replaced with a 135 litre cylinder. After the replacement work the family did not have sufficient hot water for showers. The tenant said that before the cylinder was changed there was sufficient hot water for showers for the family. The tenant said that she spoke to the property manager at the time but was told they family was taking too long showering. Despite repeated requests for the volume of hot water to be improved, nothing has happened. Since 2017 the family has lived with a shortage of hot water for showers and has had to find ways of compensating for insufficient hot water in their home by showering elsewhere or going without showers. She said that there has been stress in the family as a result of there being insufficient hot water for showers. The tenant said that she did not have the courage to make a Tribunal application until now. The landlord’s breach
- Under section 45(1)(a) - (ca) Residential Tenancies Act 1986, the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements.
- Where the Tribunal finds the landlord has failed to comply with any of these obligations, it may make an order for the landlord to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.
- If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order. This provision does not apply to any work order, or part of a work order, in relation to smoke alarms, insulation, a failure to comply with a standard of fitness under section 120C Health Act 1956, or a failure to comply with any health or safety legislative requirement. See sections 78(2) and 78(2AA) Residential Tenancies Act 1986.
- A work order may also authorise the tenant to undertake the work and charge the landlord the costs of doing the work, if the landlord should fail to comply with the work order and alternative monetary order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be set off by the tenant against rent payable. See sections 78(2AAB) and 78(2AAC)(b) Residential Tenancies Act 1986.
- The tenant has provided information from Cylinder Direct regarding cylinder sizes for the number of people occupying premises. This is confirmed by other plumbing websites. The cylinder supplied by the landlord in 2017 would be suitable for a household of 1-2 people. General guidelines for hot water cylinder NZ size 135 litres180 litres250 litres270 litres300 litres Number of people in household 1-22-32-53-53-6 Dimensions HxW 1325x 490mm 1710x 490mm 1555x 580mm 1640x 580mm 1815x 580mm
- The BRANZ website provides Building Code information to consumers regarding hot water supplies. Under Building Code clause G12 Water supplies, hot water systems must provide water in a manner that allows for the control of Legionella bacteria but minimises the risk of scalding. Adequate hot water must be provided for utensil washing and personal washing/bathing. Acceptable Solution G12/AS1 requires that storage cylinders must: a. be large enough to meet draw-off demand b. have sufficient recovery capacity to be ready for the next draw-off demand c. include a non-return valve (unless supply is from a water tank) d. have temperature controlled by a thermostat (electric and gas heating).
- I am satisfied that the small H/W cylinder provided by the landlord in 2017 does not meet Building Code requirements. The landlord is in breach of the Residential Tenancies Act 1986.
- The parties estimated that the house was built in the 1970s. Research shows that it is most likely that the cylinder in a 1970s 3 bedroom house was 180 - 300 litres. Having considered the evidence I find that a 180 litre cylinder is not sufficient for 4 occupants and that the cylinder must be at least 225 litres.
- The landlord is not required to upgrade the system to mains pressure.
- The element size of the faulty cylinder was not available to the Tribunal. The larger heater will assist in a property where the landlord has permitted 5 residents. Information available shows the cycle recovery time is likely to be 5 hrs 15 mins for a 2kW element and 3 hrs 30 mins for a 3kW element. Compensation
- I have checked with the tenant regarding her claim for $5000.00 compensation. She clarified that she is not seeking compensation. The $5,000.00 was so she could have the work carried out. The landlord is fortunate to have a tenant who is not seeking to be compensated for the inconvenience relating to the supply of hot water since 2017. No order is made for compensation prior to today.
- It is reasonable that the tenant is compensated from this point to the time until the cylinder is replaced. The order is made for rent to be reduced until the work is completed. $100.00 is reasonable where a utility is not supplied.
- The payment of $4,000.00 is based on a cylinder cost and labour cost. Filing fee
- Because the tenant has been successful with the claim the filing fee of $28.00 is ordered to be paid by the landlord. Suppression
- The tenant has applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
- The tenant has substantially succeeded with the claim and therefore name suppression is granted.