Published tribunal order
Tenancy Tribunal case 5528737 — Healthy homes at Flat 1, 60 Disraeli Street, Epsom, Auckland 1023
Decided 1 Aug 2026 · Published 1 Aug 2026 · Application 5528737
- Healthy homes
- Property damage
Order
- The tenancy of [The tenant/s] tenant/s] at the premises of Flat 1, 60 Disraeli Street, Epsom, Auckland 1023 terminates and Upper House Property Management Limited is entitled to take possession of the premises at the end of 9 August 2026.
- Upper House Property Management Limited must pay [The tenant/s] tenant/s] $550.00 immediately, calculated as set out in the table below. DescriptionTenant Nominal damages for tenancy agreement deficiency $150.00 Nominal damages for later supply of HHS information Compensation for excessive door gap $150.00 $250.00 Total award$550.00
Reasons
- [The tenant/s] tenant/s] attended the hearing for herself with a support person, Greg Ren. 1 An interpreter, Verne Zhang, assisted with Mandarin and English interpretation.
- Cary Chong and Joe Lee attended for the landlord. 1 The hearing was on 29 July 2026. Background
- The principal landlord purchased the premises shorty before the tenancy, taking possession of the premises on 3 May 2026.
- The house was built in the 1980s. It has a sloping skillion ceiling. Such ceilings typically have limited cavity space and are routinely exempted from the Healthy Homes Standards (HHS) for insulation.
- The tenant had to move out of her previous tenancy urgently. The landlord granted her application for the tenancy in part because of her pressing personal circumstances.
- The parties signed the tenancy agreement on 11 May 2026. The tenancy began on 18 May 2026 and was for a fixed term ending on 18 May 2027. The tenancy agreement did not contain an insulation statement. However, the landlord had arranged for a Healthy Homes Standards (HHS) assessment to be done the following day, on 12 May 2026. The tenant asked the property manager to send her HHS information when it became available.
- The HHS assessor was Mega Property Services Limited an Auckland-based company that specialises in installation of insultation, garage door installation, and HHS assessments. It conducted an assessment on 12 May 2026 as arranged. The report writer found the house fully complied with the HHS. In respect to ceiling information, the assessor found the house was “exempt”.
- The property manager did not send the report to the tenant as she had verbally requested at the time of signing the tenancy agreement. The tenant made a second verbal request to a different property manager, but the report was still not received.
- On 13 June 2026, the tenant emailed the landlord to seek assistance with insufficient bedroom lighting, weak rangehood extraction, and trees affecting natural light. The landlord (while not accepting any failure to maintain) addressed these issues on about 19 July 2026 by installing additional lights, replacing the kitchen rangehood, and removing some trees and trimming back the remaining trees.
- Also on 13 June 2026, the tenant emailed the landlord for the HHS report. The landlord forwarded to the tenant that day.
- On 16 July 2026, the tenant reported that the back door had a significant gap. The landlord’s contractor attended the premises on 19 July 2026 and installed a seal to remedy the gap. At the hearing, the tenant said the dame issue. Ms Chong assured the Tribunal the landlord will promptly instruct a contractor to investigate the problem. Issues for determination
- The issues to be determined are: a. Did the tenancy agreement fail to contain information about the premises insulation? b. Did the landlord fail to provide HHS information on request? c.Did the landlord fail to maintain the premises? d. Did the landlord fail to comply with the HHS?
Did the tenancy agreement lack insulation information?
- [The tenant/s] tenant/s] claims the landlord did not include insulation details in the tenancy agreement.
- A landlord must include a signed statement in the tenancy agreement that provides the following information: 2 a. whether or not insulation is installed in any ceilings, walls and floors, and b. details of the location, type and condition of all insulation installed.
- Alternatively, if the landlord is unable to provide some or all the information required, they must include a statement explaining what information cannot be obtained, why it cannot be, and that all reasonable efforts have been made to do so. 3 Breaching these obligations is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $750.00. 4
- Upper House Property Management Limited’s property manager and the owner (who had only recently taken possession of the property) were unaware of the property’s insulation status at the time the tenancy agreement was signed on 11 May 2026. That being so, the landlord should have included a statement explaining why it did not have the information, and that all reasonable efforts had been made to do so. 2 Residential Tenancies Act 1986 (RTA) s 13A(1A). 3 RTA s 13A(1B) and (1C). 4 RTA s 13(1F)(a) and Schedule 1A.
- The owner had arranged for an assessment - which was conducted the day after the parties signed the tenancy agreement - on 12 May 2026. The landlord advised it would pass on the report to the tenant, but it did not do so for almost a month.
- Upper House Property Management Limited committed an unlawful act by failing to set out the reasons for the absent information about insulation. Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages if it is satisfied that 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. 5
- It would not be just to order exemplary damages because the landlord’s breach was technical in nature. The landlord was not wanting to evade its obligations. It anticipated an HHS report would be completed soon and intended to provide a copy of it to the tenant. That report confirmed that the premises fully complied with the HHS. The assessment did not provide details about the insulation but found that the ceilings were exempt. It is understandable that the property manager did not include the statement they should have about insulation when they anticipated a professional assessor would soon be inspecting the premises for compliance with the insulation standard and more complete information would be imminently available.
- While it would not be just to order exemplary damages, I order nominal damages of $150.00 to acknowledge the tenant has proven the breach.
Did the landlord fail to provide HHS information on request?
- The tenant verbally requested the HHS report, but it was not provided until after she emailed a request.
- Section 45(1AC) of the Residential Tenancies Act 1986 (RTA) provides: (1AC) If the tenant requests the landlord to provide information described in section 123A(1)(e) (relating to the healthy homes standards) to the tenant, the landlord must, within 21 days after the date of receiving the request, provide the information to the tenant.
- Thus, when a tenant asks, the must supply the records or other documents that relate to the landlords’ compliance with the Healthy Homes Standards within 21 days after receiving the request. 5 RTA s 109(3).
- Breaching those obligations without a reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $750.00. 6
- The section does not distinguish verbal requests from written requests. Therefore, a verbal request is sufficient to engage the subsection.
- The landlord’s failure to provide the report was inadvertent. It had nothing to gain by not releasing it given it confirmed the house fully complied with the HHS. Again, the breach was technical in nature as discussed above.
- It would not be just in the circumstances of this case to order exemplary damages. However, I order nominal damages of $150.00 to acknowledge the tenant has proven the breach.
Did the landlord fail to maintain the premises?
- On 13 June 2026, the tenant emailed the landlord: Hi team, ...I would appreciate your assistance in looking into the following matters:
- Insufficient bedroom lighting The lighting in the bedroom is quite limited, particularly during the evening. The current level of brightness is not sufficient for normal daily activities such as reading or working. Could you please advise whether additional lighting may be installed or whether this can be discussed with the landlord?
- Weak rangehood extraction The kitchen rangehood appears to have very limited extraction power. Even during normal cooking, it struggles to remove cooking fumes effectively, resulting in lingering odours throughout the kitchen and living areas. Could you please arrange for the rangehood to be inspected to determine whether there is a fault, blocked filter, or any maintenance issue requiring attention, and whether its performance can be improved?
- Trees affecting natural light There are several large trees outside the property that significantly reduce the amount of natural light reaching the ground-floor living areas. As a result, the interior remains quite dark even during the daytime. Could you please confirm whether these trees are within the landlord’s responsibility and whether any pruning may be possible to improve natural light to the property? 6 RTA s 45(1AD) and Schedule 1A. Legal principles
- Under s 45(1)(b) of the RTA, landlords must maintain the premises in a reasonable state of repair. That provision provides: 45 Landlord’s responsibilities (1) The landlord shall— (a) ... (b) provide and maintain the premises in a reasonable state of repair having regard to the age and character of the premises and the period during which the premises are likely to remain habitable and available for residential purposes...
- Landlords are liable for defects that they have knowledge of. They must repair defects within a reasonable time once they acquire such knowledge. As the author of Residential Tenancy Law in New Zealand explains: 7 The landlord’s obligation of repair is not absolute. A landlord does not have to foresee a latent and unobservable defect before it causes damage... A landlord therefore must repair within a reasonable time after knowledge of the need for repair: 8 “...the obligation of the landlord, under s 45, is to investigate and repair a defect brought to its attention within a timeframe which is reasonable in the circumstances and as to what that time is, I think, depends not only on the gravity of the problem but also on the objective evidence of the attempts made by the landlord to investigate, and put right, whatever the problem might be...”
- Tenants have a duty to notify the landlord, as soon as possible after discovery, of any damage to the premises, or of the need for any repair. 9 However, Landlords also have an obligation to repair things that are apparent from observation: 10 However, notice from the tenant is not needed if the landlords knew of the need for repair or the need for repair is apparent from observation... Discussion
- Ms Zhang submits the lighting in her son’s bedroom was insufficient. However, she did not provide any objective evidence such as lux readings to quantify the room’s lighting. Nor did she submit any accepted standards for comparison, such as what the New Zealand Building Code requires for new builds. That being so, there is foundation upon which to find the lighting failed to meet a relevant standard. 7 Stewart Benson Residential Tenancy Law in New Zealand (2018) Thomson Reuters at 6.18. 8 Collins v Professionals Hutt City Ltd DC Wellington CIV 2009-085-1431, 24 February 2010 at [15]. 9 RTA, s 40(1)(d). 10 See n 2.
- Moreover, despite not accepting the lighting was below a reasonable standard of repair as required by the RTA, the landlord nonetheless installed additional lighting.
- I am not satisfied on the balance of probabilities that the landlord failed to in its repair and maintenance duties in respect to the lighting.
- Ms Zhang provided a video showing someone pressing the kitchen rangehood’s buttons while holding up a piece of paper towel which remained unaffected by any airflow despite what button was pressed. On the other hand, Ms Chong said when she went to the house to investigate the tenant’s issues, the tenant was cooking and using the extractor fan on its “medium” setting, which was sufficient to extract the cooking fumes.
- Again, the landlord replaced the extractor fan on about 19 July 2026.
- I am not persuaded on the balance of probabilities that the landlord failed to maintain the extractor fan.
- The premises had a row of trees and shrubs along its western boundary adjacent to the external entrance into the property. The trees provided privacy to the adjacent living room from the common driveway running up the western boundary but also reduced the natural light entering the living room.
- Ms Zhang says she had to have the lights on in the living room in the morning until about midday. In the morning, the sun would be rising on the other side of the house (the Eastern side). However, the trees would have obstructed the ambient light reflecting about the atmosphere.
- At the tenant’s request, the landlord removed trees and severely cut back other shrubs and trees to permit more light to the living room. That also reduced the privacy the trees and shrubs provided.
- Whether an occupant preferred the privacy the trees afforded or the additional light from pruning the trees away was a matter of choice. The trees were growing profusely near to the house, which can be a maintenance issue for guttering and safety. However, I am not satisfied from the photographs and the tenant’s video that the landlord did not maintain the trees and shrubs to a reasonable standard prior to their being cut back.
- Ms Zhang reported to the landlord that the back door had a significant gap on about 16 July 2026. 11 The landlord’s contractor installed a seal within a reasonable time on about 19 July.
- Ms Zhang says a gap has since reappeared. Ms Chong says the landlord will be sending out a contractor to assess the issue and repair any gaps if required.
- I am not satisfied that the landlord failed to maintain the premises to a reasonable standard of repair in respect to the door gap because it addressed the issue in a timely way and Ms Chong assures the Tribunal that the landlord will continue to do so.
Did the landlord fail to comply with the HHS?
- The extractor fan and door gap issues discussed under the maintenance topic previously may also be considered against the HHS.
- The ventilation standard sets out minimum expectations around windows and doors, and in particular the area of doors and windows that are openable. The standard also requires that each kitchen and bathroom have extractor fans installed with a minimum defined extraction capacity.
- The landlord had an HHS assessment done just prior to the tenancy beginning which found the home complied for ventilation. Ms Chong considered the rangehood was operating sufficiently, but nonetheless had the extractor fan replaced.
- I am not satisfied that the rangehood did not meet the 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. 12
- Ms Zhang’s video of the back door shows an excessive gap in the door that would not meet the standard for draught stopping. It is not clear when and how the gap occurred. Ms Zhang first mentioned it in her claim filed on 21 June and her video was taken on 18 June.
- The HHS did not observe the gap the previous month when he carried out his assessment and Ms Zhang did not clearly tell the landlord about it (a claim in the Tribunal is an inapt way to report issues) until 16 July 2026. A contractor installed a 11 Ms Zhang also raised this issue in her claim to the Tribunal filed on 21 June 2026. 12 RTA s 45(1)(bb), Residential Tenancies (Healthy Homes Standards) Regulations 2019. seal less than a couple of weeks before the hearing, yet the gap has evidently reappeared. There is perhaps some problem with the door that is causing the gap to occur which will have to be investigated.
- The landlord did not intentionally breach the standard. Therefore, exemplary damages are not available.
- It is appropriate to order modest compensation for the technical non-compliance due to loss of amenity and increased power cost. I order compensation of $250.00. Termination and possession
- Ms Zhang has found a home that she prefers. The parties want the Tribunal to formalise their agreement to end the fixed term tenancy early at the end of 9 August 2026.
- I order accordingly.
Property management
- UPPER HOUSE PROPERTY MANAGEMENT LIMITED (respondent)
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