What was Tenancy Tribunal case 5426420 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 5426420?

Property Damage: $4,100.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5426420?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5426420?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13676139-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5426420 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 5426420?

Property Damage: $4,100.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5426420?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5426420?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13676139-Tribunal_Order_Redacted.pdf.

30A Dornwell Road, Mount Roskill, Auckland 1041 Tenancy Tribunal Case 5426420 — Exemplary damages

Claims and awards in Tenancy Tribunal application 5426420 — net $4,128.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages	$4,100.00	Exemplary damages
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,128.00
Total payable by Landlord to Tenant	$4,128.00

Claims and awards in Tenancy Tribunal application 5426420 — net $4,128.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages	$4,100.00	Exemplary damages
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,128.00
Total payable by Landlord to Tenant	$4,128.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
By consent, the landlord must carry out the following work to the premises, which must be completed by 10 July 2026: a. Obtain a Healthy Homes assessment; b. Carry out all work required to comply with the assessment; c. Install a front door handle; d. Repair the gas hob; e. Repair the oven seals; f. Repair the door handle; g. Install new compliant smoke alarms.
The weekly rent is reduced to $650.00 per week until the landlord has carried out all work in this order and has provided the tenants with a Healthy Homes assessment recording that the property is compliant.
Joshua Bargrove must pay [The tenant/s] $4,128.00 immediately.

By consent, the fixed term tenancy may end early with the tenant providing the landlord with 21 days’ notice. If this occurs the tenancy will end early without penalty for the tenant.

Reasons

Both parties attended the hearing. The tenants attended in person and the landlord attended by telephone.
The tenant claims that the landlord did not comply with the Healthy Homes standards and did not carry out required maintenance. The tenant wants the problem fixed.
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.

Has the landlord failed to comply with their obligations?

After receiving the tenancy agreement, the tenants repeatedly asked for a Healthy Homes compliance statement. This is required by section 13A(1CA) of the Residential Tenancy Act 1986. The landlord did not provide the statement, so the tenant served the landlord with a 14-day breach notice on 19 September 2025. The landlord did not comply with the 14-day notice. If the landlord had completed the compliance statement it is possible that he would have carried out the work required to meet the Healthy Homes standards.
There is significant evidence that the premises do not comply with the Healthy Homes standards in relation to insulation (under floor insulation is in bad condition, no evidence of state of ceiling insulation), ventilation (bathroom extractor fan not working, rangehood possibly not externally vented), moisture ingress and drainage (no ground moisture barrier), and draught stopping (door and window gaps, holes in fireplace). These are all issues that the landlord needs to address urgently given that the winter months are approaching.
There are maintenance issues that the tenant had raised with the landlord but have not been addressed. These include the absence of a front door handle, only one gas hob working, issues with the oven seals, leaking window joinery and a broken bedroom door handle. These maintenance issues need to be addressed.
In addition, the tenant’s evidence is that at the beginning of the tenancy the landlord provided smoke alarms that the tenant was required to install and provide batteries for. It is the landlord’s responsibility to provide installed working smoke alarms at the beginning of the tenancy. New smoke alarms must be photoelectric and have a long-life battery or be hardwired. Given that the batteries for the smoke alarms are no longer working it is unlikely that the landlord provided compliant smoke alarms at the beginning of the tenancy.
The landlord must carry out the work ordered above by 10 July 2026. While this work is carried out and until the landlord provides the tenant with evidence of compliance with the Healthy Homes standards, the rent for this tenancy is reduced to $650.00 per week to take effect from 29 May 2026. Exemplary damages
[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, comply with all requirements in respect of smoke alarms and insulation set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 and comply with any relevant enactment in relation to buildings, health and safety.
Breaching any 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.
The landlord has not carried out a Healthy Homes assessment and has not ensured that the premises are Healthy Homes compliant. The landlord has not ensured that the smoke alarms comply with the regulations. I find they have committed an unlawful 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.
The landlord states that he had an agent working for him at the beginning of the tenancy and was not aware of the issues. I understand that the agent stopped acting for the landlord around September 2025, being only one month after the tenancy commenced. The landlord has been the contact person for the remaining eight months of the tenancy. The tenants say that they raised many issues with the landlord in person.
The tenancy should have been Healthy Homes compliant from the beginning of the tenancy. The tenants have had nine months of non-compliance. They have experienced unreasonable draughts, leaking windows, extractor fans that don’t work and issues with the hob/oven.
The landlord did not provide any evidence that the premises complied in any respect with the Healthy Homes standards other than the fire chimney that was capped when the issue was raised by the tenants early in the tenancy.
It is in the public interest that landlords comply with Healthy Homes standards, smoke alarm regulations and provide well maintained premises. This is not the landlord’s first tenancy.
After considering the evidence I consider it appropriate that there is an award of exemplary damages. I have calculated the damages at $100.00 per week for the 41 weeks of the tenancy up to 28 May 2026. The award is $4,100.00. Release from fixed term tenancy
The tenants had applied to be released from the fixed term tenancy. At the hearing the tenants advised that they had not found alternate accommodation. The landlord advised that he was willing to work with the tenants to end the tenancy early.
By agreement the tenants can give 21 days’ notice to end the fixed term tenancy early before it ends on 15 August 2026. If this occurs there is to be no penalty on the tenants. As this is an option for the tenants, they can also decide not to leave at the end of the fixed term but section 60A of the Residential Tenancies Act 1986 will still apply.
The landlord advised that he will be employing a property manager for this tenancy. Given the issues that have arisen in this tenancy that will be a good idea. There have been other issues not part of this order such as lodging the bond late and not providing the premises in a reasonably clean condition.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason the tenants names are suppressed as sought.

Tenancy Tribunal case 5426420 — Exemplary damages at 30A Dornwell Road, Mount Roskill, Auckland 1041

At a glance

Tenancy Tribunal case 5426420 — Exemplary damages at 30A Dornwell Road, Mount Roskill, Auckland 1041

At a glance

Award balance

Claims & awards

Order

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions