How much money was awarded in case 5458713?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5458713?

The primary dispute was Healthy homes. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5458713?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13510772-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5458713?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5458713?

The primary dispute was Healthy homes. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5458713?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13510772-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5458713 — Healthy homes

Q: What was Tenancy Tribunal case 5458713 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
By declaration, the tenants are entitled to use the log burner at the premises for as long as it has a current permit (as shown on ECAN’s solid fuel burner database).
Vision Realty Management Limited As Agent For Peter & Therese Zeng must pay [The tenant/s] $28.00 immediately, being the filing fee on this application.
The tenant’s other claims are dismissed.

Reasons

Both parties attended the hearing.
The tenants had applied for Work Orders in respect of draught stopping and pest eradication. The landlord completed the work before the hearing. Work Orders were no longer required. The tenants sought some clarity or declaration around whether they can use the fire at the premises. They also maintained their claims for compensation and exemplary damages in respect of draughts and their ability to use the fire. Log Burner
The Landlord obtained a Healthy Homes Report from an independent assessor in February 2021. That reports states that the premises comply with all Healthy Homes Standards. The heating standard was assessed by reference to the Log Burner in the living room. The assessed heating requirement is 6.7kW and the fire is recorded as having a heating capacity of 10kW.
The property manager attended the hearing on behalf the owners. She advised that the owner understood that the fire had expired in 2017, so installed a new 8kW heat pump in June 2025, before this tenancy started. She provided evidence of the capacity of the heat pump.
This tenancy started in August 2021. The tenants say that the premises were advertised as having a log burner, and that was a significant factor in them applying for the property. They used the log burner from the start of the tenancy.
During a routine inspection in or around May 2023 the property manager took a photo which showed the fire being used. When the inspection report was forwarded to the owner, the owner questioned the use of the fire. The owner maintained that it was condition of the tenancy that the tenants would only use the heat pump. There is no such condition in the tenancy agreement. The owners also advised the property manager that the fire had expired in 2017.
The property manager said that she checked ECAN’s solid fuel burner register at the time, and it showed the log burner at this property had an expiry date of 2017. The property manager forwarded the link to the tenants in May 2023. The tenants say they could not open the link at that time.
They asked the landlord to reimburse them for the firewood they had just purchased. The landlord refused that request and said that they could continue to use the fire until their current supply of wood had been burned.
The tenant’s say that they were not told that they could not use the log burner before 2023. The tenants did not use the fire during the winters of 2024 and 2025. They relied on the heat pump but said that the premises were a lot colder, and their power bills were more expensive. They claim to have taken more sick days as a result of the property being colder.
It is not clear why, but the tenant’s rechecked the ECAN solid burner register early this year. It now shows that the log burner has a permit to the end of April 2027. As such, there is no legal reason why tenants cannot use the log burner. The tenants are entitled to use the log burner for as long as it has a valid permit. 1 Compensation & Exemplary Damages
The tenants claimed compensation and exemplary for draught stopping and for being told not to use the fire.
Neither party could provide any record of what was shown on the ECAN Register in 2023. Neither could explain how or when the register may have changed. I accept the landlord’s submission that it would not have made sense for the property manager to forward a link to the tenant’s if the register showed that fire had not expired (and would not expire until 2027).
Based on the evidence before me, the premises comply with the heating standard using either the heat pump or the fire as the primary source of heating.
The tenants provided photographs which establish that draught stopping was required. The tenants raised this with the landlord in June 2025, a handyman was arranged and work was completed and billed. The tenants did not advise the landlord of any concerns with the draught stopping until February 2026. 2
When the tenants advised the landlord that there were still draughts and gaps, a builder was engaged to rehang doors and complete draught stopping. I find that the landlord has acted reasonably in respect of the draught stopping.
Even if the tenant’s had established breaches of the landlord obligations, they did not prove their claims for compensation. The power bills provided show that the actual power consumption reduced in the period when the fire was not being used (albeit that there were less people living at the property). The tenants provided evidence of the number of sick days they took, but there was no independent evidence linking those sick days to the type of illness and condition of the property. The tenant’s monetary claims are dismissed. 1 The property owner does not want the tenants to use the log burner for fear that it might damage the heat pump. There is no evidence to support the property owner’s concern. 2 There was a routine inspection in November 2025 and no issues were raised then.
As the tenant’s were partially successful, I have granted their request for suppression of their details and awarded reimbursement of the Tribunal application fee.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.

By declaration, the tenants are entitled to use the log burner at the premises for as long as it has a current permit (as shown on ECAN’s solid fuel burner database).

Vision Realty Management Limited As Agent For Peter & Therese Zeng must pay [The tenant/s] $28.00 immediately, being the filing fee on this application.

The tenant’s other claims are dismissed.

Reasons

Both parties attended the hearing.

The tenants had applied for Work Orders in respect of draught stopping and pest eradication. The landlord completed the work before the hearing. Work Orders were no longer required. The tenants sought some clarity or declaration around whether they can use the fire at the premises. They also maintained their claims for compensation and exemplary damages in respect of draughts and their ability to use the fire. Log Burner

The Landlord obtained a Healthy Homes Report from an independent assessor in February 2021. That reports states that the premises comply with all Healthy Homes Standards. The heating standard was assessed by reference to the Log Burner in the living room. The assessed heating requirement is 6.7kW and the fire is recorded as having a heating capacity of 10kW.

The property manager attended the hearing on behalf the owners. She advised that the owner understood that the fire had expired in 2017, so installed a new 8kW heat pump in June 2025, before this tenancy started. She provided evidence of the capacity of the heat pump.

This tenancy started in August 2021. The tenants say that the premises were advertised as having a log burner, and that was a significant factor in them applying for the property. They used the log burner from the start of the tenancy.

During a routine inspection in or around May 2023 the property manager took a photo which showed the fire being used. When the inspection report was forwarded to the owner, the owner questioned the use of the fire. The owner maintained that it was condition of the tenancy that the tenants would only use the heat pump. There is no such condition in the tenancy agreement. The owners also advised the property manager that the fire had expired in 2017.

The property manager said that she checked ECAN’s solid fuel burner register at the time, and it showed the log burner at this property had an expiry date of 2017. The property manager forwarded the link to the tenants in May 2023. The tenants say they could not open the link at that time.

They asked the landlord to reimburse them for the firewood they had just purchased. The landlord refused that request and said that they could continue to use the fire until their current supply of wood had been burned.

The tenant’s say that they were not told that they could not use the log burner before 2023. The tenants did not use the fire during the winters of 2024 and 2025. They relied on the heat pump but said that the premises were a lot colder, and their power bills were more expensive. They claim to have taken more sick days as a result of the property being colder.

It is not clear why, but the tenant’s rechecked the ECAN solid burner register early this year. It now shows that the log burner has a permit to the end of April 2027. As such, there is no legal reason why tenants cannot use the log burner. The tenants are entitled to use the log burner for as long as it has a valid permit. 1 Compensation & Exemplary Damages

The tenants claimed compensation and exemplary for draught stopping and for being told not to use the fire.

Neither party could provide any record of what was shown on the ECAN Register in 2023. Neither could explain how or when the register may have changed. I accept the landlord’s submission that it would not have made sense for the property manager to forward a link to the tenant’s if the register showed that fire had not expired (and would not expire until 2027).

Based on the evidence before me, the premises comply with the heating standard using either the heat pump or the fire as the primary source of heating.

The tenants provided photographs which establish that draught stopping was required. The tenants raised this with the landlord in June 2025, a handyman was arranged and work was completed and billed. The tenants did not advise the landlord of any concerns with the draught stopping until February 2026. 2

When the tenants advised the landlord that there were still draughts and gaps, a builder was engaged to rehang doors and complete draught stopping. I find that the landlord has acted reasonably in respect of the draught stopping.

Even if the tenant’s had established breaches of the landlord obligations, they did not prove their claims for compensation. The power bills provided show that the actual power consumption reduced in the period when the fire was not being used (albeit that there were less people living at the property). The tenants provided evidence of the number of sick days they took, but there was no independent evidence linking those sick days to the type of illness and condition of the property. The tenant’s monetary claims are dismissed. 1 The property owner does not want the tenants to use the log burner for fear that it might damage the heat pump. There is no evidence to support the property owner’s concern. 2 There was a routine inspection in November 2025 and no issues were raised then.

As the tenant’s were partially successful, I have granted their request for suppression of their details and awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 5458713 — Healthy homes

At a glance

Claims & awards

Tenancy Tribunal case 5458713 — Healthy homes

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions