Published tribunal order
Tenancy Tribunal case 5408409 — Tenancy dispute
Decided 9 Mar 2026 · Published 9 Mar 2026 · Application 5408409
- Exemplary damages
- Healthy homes
- Mould & damp
- Property damage
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 and landlord’s name and identifying details.
- The hearing is adjourned.
- A further 120 Minutes should be allowed for the next hearing of this matter, scheduled before me at this court on the next available date after 13 March 2026.
- If either party intends to produce any additional documents at the next hearing, they must send two copies to the Tribunal (or them send by email) at least 5 days prior to the next hearing.
- BY CONSENT The landlord will make the property compliant in relation to all electrics and obtain an electrical certificate of compliance (COC) to ensure the premises has a compliant and power supply to every room by 11.59pm on Tuesday 17 February 2026.
- BY CONSENT The landlord will make the property comply with the Healthy Homes Standards by: a. Ensuring compliance with the Healthy Homes Standard (HHS) for Heating by installing a compliant heater by 11.59pm on Tuesday 3 March 2026. b. Ensuring compliance with the HHS insulation standard by 11.59pm on Tuesday 3 March 2026. c. Ensuring compliance with the HHS moisture ingress and drainage standard by 11.59pm on Tuesday 3 March 2026. d. Ensuring compliance with the HHS Ventilation Standard by 11.59pm on Tuesday 17 February 2026. e. Ensuring compliance with the Healthy Homes Standard (HHS) for draught stopping by 11.59pm on Tuesday 3 March 2026.
- BY CONSENT The landlord will obtain, and will provide the tenant with a copy of, a Healthy Homes Compliance report which will be undertaken by an independent HHS assessor by 11.59pm on Tuesday 10 March 2026.
- BY CONSENT a. The landlord will provide the tenant with a signed and fully completed tenancy agreement together with a fully completed insurance statement by
- 59pm on Thursday 19 February 2026 to comply with the Residential Tenancies Act 1986. b. However, the date for the landlord providing to the tenant the completed and signed Healthy Homes Compliance Statement (which is a signed healthy homes compliance statement and signed statement with details of the property’s current level of compliance with the healthy homes standards) will be 11.59pm on Friday 13 March 2026. c. The key terms of the tenancy for inclusion are agreed as follows: i. Weekly rent is $450 and is payable weekly in advance ii. Tenancy is periodic iii. Tenancy began on 2 August 2025 iv. Landlord is to provide bins, internet and power and gas inclusive v. Move in costs are bond of $1800 with two weeks rent in advance ($900)
- BY CONSENT The landlord will install a mailbox to service the property. It is agreed it will be numbered [number redacted] and this is to be done by 11.59pm on Friday 13 February 2026
- BY CONSENT The landlord will provide the tenant with a [Council] collection red, yellow, blue and green rubbish bins by 11.59pm on Wednesday 11 February 2026.
- BY CONSENT The landlord will install a rotary washing line at the premises by
- 59pm on Tuesday 17 February 2026
- BY CONSENT The landlord will install a gate across the driveway at the premises by 11.59pm on Tuesday 3 March 2026
- BY CONSENT The landlord and tenant agree that internet is to be provided at the premises by the landlord as part of the tenancy agreement. The landlord will provide the tenant with his own functioning internet that operates reasonably at the property by 11.59pm on Tuesday 24 February 2026.
- BY CONSENT [The landlord/s] must pay [The tenant/s] $5,000.00 by 11.59pm on 3 March 2026 to settle all other matters raised in the tenant’s application save for the claim for exemplary damages for an allegation that the landlord has failed to lodge the bond at the Bond Centre within the timescales required by the Residential Tenancies Act 1986. That claim will be heard at a separate hearing
Reasons
- The landlord and the tenant both attended the hearing that took place in person. The tenant had a support person with him. The tenant’s claims
- The tenant has bought an application for the following: a. Work orders in respect of: i. Healthy Homes Compliance breaches (heating, ventilation, draught stopping/gaps, moisture ingress and drainage and insulation) ii. A failure to provide a washing line, a mailbox and rubbish bins with rubbish collection iii. Internet provision he pays for as part of his rent iv. Power throughout the property v. During the course of the hearing the tenant also wanted to address installing a gate across the driveway and this was dealt with by consent.
- The tenant also claims: a. Compensation (in the form of rent reimbursement) for the breach relating to the power, internet, bin and mailbox; and b. Exemplary damages for: i. No tenancy agreement being provided/not signed – he also wanted this to be remedied ii. No Healthy Homes information being provided/no compliance statement – he also wanted this to be remedied iii. No insurance details were provided – he also wanted this to be remedied iv. Lack of adequate power/unsafe electricals at the premises v. Failure to lodge the bond with the Bond Centre – the tenant wants the bond lodged and exemplary damages c. A breach of his quiet enjoyment when delivery took place of a Christmas gift Orders for work to be done at the premises
- The landlord and tenant agreed to various orders that have been made and the dates for compliance.
- My orders for work to be undertaken reflect the agreement reached between the parties at the hearing which I consider to be reasonable.
- I record that the parties agreed during these discussions that the property would be known as Flat [number redacted] and I have amended the address in this order to reflect that agreement. Lack of tenancy agreement, insurance information and Healthy Homes Compliance Statement
- The tenant explained that he has had no tenancy documentation at all provided by the landlord.
- The tenant says that the agreement he has submitted to the Tribunal was in fact not produced by the landlord but had been produced by someone on behalf of the tenant in connection with his MSD paperwork.
- The landlord was not aware of any tenancy paperwork. The landlord agreed to produce this.
- Section13A(1) Residential Tenancies Act 1986 provides that every tenancy agreement should include the following minimum information: a. the full name and contact address of the landlord; and b. the landlord’s contact mobile telephone number (if any); and c. the landlord’s contact email address (if any); and d. the full name and contact address (where that is different from the address of the premises to which the agreement relates) of the tenant; and e. the tenant’s contact mobile telephone number (if any); and f. the tenant’s contact email address (if any); and g. the address of the premises; and h. the date of the tenancy agreement; and i. the date of commencement of the tenancy (where that is different from the date of the tenancy agreement); and j. the landlord’s address for service; and k. the tenant’s address for service; and l. whether the tenant is under the age of 18; and m. the amount of any general bond and the amount of any pet bond; and n. the rent payable; and o. the frequency of the rent payments; and p. the place or bank account number where the rent is to be paid; and q. a list of any chattels provided by the landlord; and r. if the tenancy is a fixed-term tenancy, the date on which the term will expire.
- There are also concerning the provision of insurance information a signed healthy homes compliance statement and signed statement with details of the property’s current level of compliance with the healthy homes standards.
- The landlord and tenant agreed together that the landlord would provide a complete and signed written tenancy agreement by 19 February 2026 reflecting the existing agreement and so an order reflecting this is made by consent.
- The landlord and tenant agreed the key terms of the written tenancy agreement to be incorporated into that written agreement, as understood at the time the tenancy was entered into but not recorded in writing, as being: a. Weekly rent $450 and is payable weekly in advance b. Tenancy is periodic c. Tenancy began on 2 August 2025 d. Landlord is to provide bins, internet and power and gas inclusive e. Move in costs are bond of $1800 and two weeks rent in advance ($900)
- It was agreed that the landlord would provide the insurance statement that is required as part of a tenancy agreement (by section 13A(2) RTA) by 19 February 2026. The landlord says he is self-insured meaning he sets aside money to cover expenses that might usually be covered by insurance. There is no insurance provider (e.g. no excess) but the necessary information must still be provided.
- The landlord says he will obtain a Healthy Homes assessment obtained by an independent healthy homes assessor by 10 March 2026 and provide this to the tenant and then complete the required Healthy Homes Compliance Statement (which is a signed healthy homes compliance statement and signed statement with details of the property’s current level of compliance with the healthy homes standards as shown to the parties at the hearing) which forms part of the tenancy agreement and provide this to the tenant by 13 March 2026.
- As discussed at the hearing the landlord can, if he wants to do so, use the standard templates available from Tenancy Services . The basic tenancy agreement is found at pages 1-7 of this template. The insurance statement is found on page 8 and the Healthy Homes Compliance Statement and necessary detail is on pages 9 to 24.
- There is an inspection report at pages 25 and 26 of this template. The parties say they will agree between them a date for an inspection to be done so there is a record of the condition of the property. Pages 25 and 26 of this standard template available from Tenancy Services can be used for these purposes if this is wanted. Parties will often also record condition in photographs. The outstanding claims
- The landlord and tenant wanted to resolve the remaining issues but the parties needed additional time to investigate whether the bond had been received by the landlord.
- The parties agreed that the landlord would pay the tenant the total sum of $5,000 to settle the balance of the tenant’s application in full but excluding and not settling the claim in relation to exemplary damages for a failure to lodge the bond. That part of the application remains to be heard and will be heard by the Tribunal on a further hearing date.
- It was agreed that the $5,000 would be paid by the landlord by 3 March 2026.
- This is reflected in the order made. Filing fee and suppression of identifying details of the parties
- Both parties seek suppression of their identifying details (see section 95A RTA).
- I allow both applications for suppression.
- This is because the parties took a practical and cooperative approach at the hearing to resolve the matters between them. This result could have been achieved at a confidential mediation, but it was expedient to resolve as much as possible at the hearing today.
- It is in the public interest that parties resolve their disputes.
- I therefore award both the tenant and the landlord suppression of their identifying details.
- I will make an order relating to the reimbursement of the filing fee after the conclusion of the proceedings. Next steps
- The landlord must comply with the orders that have been made by the dates set.
- The Tribunal must still determine if there has been a breach in relation to the lodging of the bond and if so whether to award exemplary damages in respect of this. This will be decided after a further hearing.
- Both parties must file any additional evidence they wish to rely on in relation to this claim at least 5 days prior to the next hearing.
- If the parties are able to resolve this final issue between themselves before the next hearing (so they do not need it to go ahead) they should both notify Tenancy Services of this in writing as soon as possible.
- Otherwise, Tenancy Services will advise the parties of the date and time of the next hearing which will be a date after 13 March 2026.