What was Tenancy Tribunal case 5487092 about?

The tribunal order states: The landlord must carry out the following work to the premises:

How much money was awarded in case 5487092?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5487092?

The primary dispute was 14-day notice. Related themes: State of repair, Healthy homes, Exemplary damages, Mould & damp, Leaks.

Where can I read the official tribunal order for case 5487092?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13947796-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5487092 about?

The tribunal order states: The landlord must carry out the following work to the premises:

How much money was awarded in case 5487092?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5487092?

The primary dispute was 14-day notice. Related themes: State of repair, Healthy homes, Exemplary damages, Mould & damp, Leaks.

Where can I read the official tribunal order for case 5487092?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13947796-Tenancy_Tribunal_Order.pdf.

129 Champion Street, Cannons Creek, Porirua 5024 Tenancy Tribunal Case 5487092 — 14-day notice

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129 Champion Street, Cannons Creek, Porirua 5024 Tenancy Tribunal Case 5487092 — 14-day notice | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5487092. Verify amounts on MoJ.
Claim	Category	Amount	Awarded to	Reason

Order

The landlord must carry out the following work to the premises: a. Repair the existing footpaths and this work must be completed by Monday 31 August 2026. b. Check there are no unreasonable gaps around the bathroom window, the back door and the front door so the house complies with the Healthy Homes Standards and this work must be completed by Friday 14 August 2026.
All other claims are dismissed.

Reasons

Both parties attended the hearing. The landlord had a representative.
The tenant’s application is for work orders because: • the foundation is sinking and the house is sloping at an angle • new footpaths and steps are required on the side of the house to stop the house from sinking • of trip hazards from the splits and cracks in the sinking footpaths • there is water ingress in the laundry • the laundry is draughty from the external door and the access door to under the house • there are unreasonable gaps around the bathroom window and the back door • the landlord has not provided a warm dry home.
The reason the tenant wants this work done is because his health is suffering. The tenant left the hearing before we could discuss exemplary damages. The questions I have to decide are: • Is the house sinking and is the house safe to live in? • Has the landlord failed to maintain the house and section? • Are there breaches of the Healthy Homes Standards (HHS)? • Should I make work orders?

Is the house sinking and is the house safe to live in?

The tenant said the house is sinking on one side. He said this is because the footpaths are no longer anchoring the house and there is a noticeable slope in his kitchen. He showed a short video taken in 2023 showing some weights rolling from one side of the kitchen to the door. He said he has advised the landlord of his concerns. He said the foundations are not stable because of all the water that runs under the house from the vents in the front.
In reply the landlord said they have taken the tenant’s concerns seriously. They had the foundations assessed by a builder in 2022. The report states the foundations are solid and there is no immediate health and safety risk. The report writer said the house has settled over time so there is some subsidence but, in his opinion, it was not very noticeable throughout the house. Measurements were taken and, following MBIE guidelines which we discussed in the hearing, the floor does not require lifting or levelling.
This is the tenant’s claim to prove. The tenant said the report writer verbally told him the house was not safe and that the landlord would have to carry out repairs. However the landlord has a written report saying the house is safe and I prefer this written evidence. I find the tenant has not proved the foundations are sinking or that the slope is so bad the floor needs to be lifted or levelled. This claim is dismissed.

Has the landlord failed to maintain the house and section?

The tenant claims that the landlord has breached its obligations under section 45 of the Residential Tenancies Act 1986 (RTA). Under section 45 the landlord must provide and maintain the premises in a reasonable state of repair. The tenant is concerned that dirty water enters the laundry every time it rains. He also said the footpaths are cracked, making the house very cold because water gets into the cracks and freezes. The tenant provided me with photos of the footpaths. I was not provided with any photos showing the water flooding into the laundry.
The landlord agreed the paths need to be repaired. They arranged for contractors to go to the house after the tenant served a 14 day notice in March 2026. The tenant turned the contractors away because they were only instructed to repair the existing paths, and he wants new paths right around the house. At the hearing the landlord agreed to work orders for the existing paths.
The landlord did not agree that water is leaking into the laundry. The laundry is accessed from the lawn through a door at the back of the house. The laundry has concrete floors and the walls are partly concrete as well. The landlord thinks any water ingress is likely to be from the back of the house and could be because the tenant lets the grass and weeds grow around the laundry door. He said any rain water entering from the vents in the front of the house would run over the ground moisture barrier and then dry because the subfloor has ventilation.
This is the tenant’s claim to prove. I find there is not enough evidence from the tenant about the laundry to prove there is an ongoing leak every time it rains. I find the landlord has acted reasonably by attempting to repair the paths after the 14 day notice from the tenant. I am not persuaded there has been a breach of the duty to maintain. These claims are dismissed. Are there breaches of the Healthy Homes Standards (HHS)?
The tenant claims that the landlord has breached the obligations under section 45(1)(bb) RTA which requires compliance with the Residential Tenancies (Healthy Homes Standards) Regulations 2019. At the hearing the tenant said the landlord had not complied with the draught stopping standard. The draught stopping standard requires that residential premises be free from unreasonable gaps and holes that are not an intentional part of the building, which allow draughts to arise.
The tenant said the bathroom window and the back door let in cold air and make it impossible to heat the house. The tenant said he fixed the gaps around the front door himself. The landlord agreed to work orders for the draught stopping.
The tenant also said there are unreasonable gaps around the door into the laundry and the door between the laundry and the subfloor. He said these gaps should be draught stopped because that cold air under the house also makes the inside cold. I do not find the landlord is required to draught stop an old laundry with no internal access. I note that cold air will also come into the sub floor space through the vents. The landlord has installed a ground moisture barrier and underfloor insulation that meets the HHS, and this is all the landlord is legally required to provide. I do not find there has been a breach by the landlord and the claims relating to the HHS are dismissed.

Should I make work orders?

The landlord has agreed to work orders to repair the footpaths and install draught stopping. It is appropriate to make these orders even though I did not get the chance to discuss access and agree on dates at the hearing. The landlord must give the tenant notice of the work as required under the RTA.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5487092. Verify amounts on MoJ.
Claim	Category	Amount	Awarded to	Reason

Order

The landlord must carry out the following work to the premises: a. Repair the existing footpaths and this work must be completed by Monday 31 August 2026. b. Check there are no unreasonable gaps around the bathroom window, the back door and the front door so the house complies with the Healthy Homes Standards and this work must be completed by Friday 14 August 2026.
All other claims are dismissed.

Reasons

Both parties attended the hearing. The landlord had a representative.
The tenant’s application is for work orders because: • the foundation is sinking and the house is sloping at an angle • new footpaths and steps are required on the side of the house to stop the house from sinking • of trip hazards from the splits and cracks in the sinking footpaths • there is water ingress in the laundry • the laundry is draughty from the external door and the access door to under the house • there are unreasonable gaps around the bathroom window and the back door • the landlord has not provided a warm dry home.
The reason the tenant wants this work done is because his health is suffering. The tenant left the hearing before we could discuss exemplary damages. The questions I have to decide are: • Is the house sinking and is the house safe to live in? • Has the landlord failed to maintain the house and section? • Are there breaches of the Healthy Homes Standards (HHS)? • Should I make work orders?

Is the house sinking and is the house safe to live in?

The tenant said the house is sinking on one side. He said this is because the footpaths are no longer anchoring the house and there is a noticeable slope in his kitchen. He showed a short video taken in 2023 showing some weights rolling from one side of the kitchen to the door. He said he has advised the landlord of his concerns. He said the foundations are not stable because of all the water that runs under the house from the vents in the front.
In reply the landlord said they have taken the tenant’s concerns seriously. They had the foundations assessed by a builder in 2022. The report states the foundations are solid and there is no immediate health and safety risk. The report writer said the house has settled over time so there is some subsidence but, in his opinion, it was not very noticeable throughout the house. Measurements were taken and, following MBIE guidelines which we discussed in the hearing, the floor does not require lifting or levelling.
This is the tenant’s claim to prove. The tenant said the report writer verbally told him the house was not safe and that the landlord would have to carry out repairs. However the landlord has a written report saying the house is safe and I prefer this written evidence. I find the tenant has not proved the foundations are sinking or that the slope is so bad the floor needs to be lifted or levelled. This claim is dismissed.

Has the landlord failed to maintain the house and section?

The tenant claims that the landlord has breached its obligations under section 45 of the Residential Tenancies Act 1986 (RTA). Under section 45 the landlord must provide and maintain the premises in a reasonable state of repair. The tenant is concerned that dirty water enters the laundry every time it rains. He also said the footpaths are cracked, making the house very cold because water gets into the cracks and freezes. The tenant provided me with photos of the footpaths. I was not provided with any photos showing the water flooding into the laundry.
The landlord agreed the paths need to be repaired. They arranged for contractors to go to the house after the tenant served a 14 day notice in March 2026. The tenant turned the contractors away because they were only instructed to repair the existing paths, and he wants new paths right around the house. At the hearing the landlord agreed to work orders for the existing paths.
The landlord did not agree that water is leaking into the laundry. The laundry is accessed from the lawn through a door at the back of the house. The laundry has concrete floors and the walls are partly concrete as well. The landlord thinks any water ingress is likely to be from the back of the house and could be because the tenant lets the grass and weeds grow around the laundry door. He said any rain water entering from the vents in the front of the house would run over the ground moisture barrier and then dry because the subfloor has ventilation.
This is the tenant’s claim to prove. I find there is not enough evidence from the tenant about the laundry to prove there is an ongoing leak every time it rains. I find the landlord has acted reasonably by attempting to repair the paths after the 14 day notice from the tenant. I am not persuaded there has been a breach of the duty to maintain. These claims are dismissed. Are there breaches of the Healthy Homes Standards (HHS)?
The tenant claims that the landlord has breached the obligations under section 45(1)(bb) RTA which requires compliance with the Residential Tenancies (Healthy Homes Standards) Regulations 2019. At the hearing the tenant said the landlord had not complied with the draught stopping standard. The draught stopping standard requires that residential premises be free from unreasonable gaps and holes that are not an intentional part of the building, which allow draughts to arise.
The tenant said the bathroom window and the back door let in cold air and make it impossible to heat the house. The tenant said he fixed the gaps around the front door himself. The landlord agreed to work orders for the draught stopping.
The tenant also said there are unreasonable gaps around the door into the laundry and the door between the laundry and the subfloor. He said these gaps should be draught stopped because that cold air under the house also makes the inside cold. I do not find the landlord is required to draught stop an old laundry with no internal access. I note that cold air will also come into the sub floor space through the vents. The landlord has installed a ground moisture barrier and underfloor insulation that meets the HHS, and this is all the landlord is legally required to provide. I do not find there has been a breach by the landlord and the claims relating to the HHS are dismissed.

Should I make work orders?

The landlord has agreed to work orders to repair the footpaths and install draught stopping. It is appropriate to make these orders even though I did not get the chance to discuss access and agree on dates at the hearing. The landlord must give the tenant notice of the work as required under the RTA.

Tenancy Tribunal case 5487092 — 14-day notice at 129 Champion Street, Cannons Creek, Porirua 5024

At a glance

Tenancy Tribunal case 5487092 — 14-day notice at 129 Champion Street, Cannons Creek, Porirua 5024

At a glance

Claims & awards

Order

Reasons

Is the house sinking and is the house safe to live in?

Has the landlord failed to maintain the house and section?

Should I make work orders?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Claims & awards

Order

Reasons

Is the house sinking and is the house safe to live in?

Has the landlord failed to maintain the house and section?

Should I make work orders?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.