What was the outcome of Tenancy Tribunal case 4565274?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4565274?

Property Damage: $500.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4565274?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4565274?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9378968-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4565274?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4565274?

Property Damage: $500.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4565274?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4565274?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9378968-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 2 Prebble Place, Mission Bay, Auckland 1071 Tenancy Tribunal Case 4565274 — Healthy homes

Reasons

Claims and awards in Tenancy Tribunal application 4565274 — net $520.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages: Healthy Homes standards	$500.00	Healthy Homes standards
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$520.44
Bond	$1,760.00
Total payable by Landlord to Tenant	$520.44

The tenant attended the hearing by telephone. The landlord did not attend the hearing. The hearing proceeded in the landlord’s absence.

The tenancy began on 15 August 2021 and ended on 7 April 2023.

The tenant has produced the copy of the tenancy agreement which was provided to her, and I note that the landlord has not signed it. The landlord also has not completed or signed the Healthy Homes statement on page 5. Section 45

Shannyn Mayb Conway claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.

Under section 45, a landlord must 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 failed to comply in respect of the Healthy Homes standards. I find they have committed an unlawful act. Healthy Homes breach

The landlord has breached the landlord’s obligations under section 45(1)(bb) of the Residential Tenancies Act 1986 (RTA), which requires compliance with the Residential Tenancies (Healthy Homes Standards) 2019 (HHS).

Compliance dates for the HHS vary depending on the tenancy: a. All private rentals must comply within 90 days of any new or renewed tenancy between 1 July 2021 and 27 August 2022, with all private rentals complying by 1 July 2025.

As this was a new tenancy the landlord should have complied with the Healthy Homes standards by 13 November 2021 being within 90 days of commencement of the tenancy.

The tenancy ended in April 2023, and it is the tenant’s evidence that the landlord did not comply with the Healthy Homes standards by that date.

Shannyn Mayb Conway considers that the landlord has failed to comply with the HHS ventilation standard.

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 premises did not have an extractor fan in either the kitchen or the bathroom.

The landlord had provided a handwritten note at some stage which records that an electrician had advised that it was not necessary for an extractor fan to be installed. This evidence shows that the landlord was aware of the requirement for extractor fans but mistakenly thought that he was exempt.

The tenant produced evidence to show that the wall in the bedroom was covered in mould. This is the likely outcome where there are no mechanical extractor fans. The Healthy Homes standards were introduced to ensure that tenancies were warm, dry and healthy. The landlord did not comply with the Healthy Homes standards and therefore is in breach.

I consider that an award for exemplary damages is warranted, and I award $500.00 to the tenant. Bond

The tenant applied for release of the bond which is held by the Bond Centre.

It is now five months since the tenancy ended. The tenant’s evidence is that the landlord refused to release the bond until he obtained a final water bill. The tenant did not receive a water bill for the entire period of the tenancy. It was not until after the tenancy ended that the landlord provided the tenant with an invoice for water. The tenant cannot be liable for water invoices which have not been provided to her within a reasonable period of when the amount was due.

Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant.

The total amount of the bond money is released to the tenant.

Because Shannyn Mayb Conway has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4565274 — net $520.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages: Healthy Homes standards	$500.00	Healthy Homes standards
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$520.44
Bond	$1,760.00
Total payable by Landlord to Tenant	$520.44

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The Bond Centre is to pay the bond of $1,760.00 (3072989-012) to Shannyn Mayb Conway immediately.
Lily Li must pay Shannyn Mayb Conway $520.44 immediately.

Reasons

The tenant attended the hearing by telephone. The landlord did not attend the hearing. The hearing proceeded in the landlord’s absence.
The tenancy began on 15 August 2021 and ended on 7 April 2023.
The tenant has produced the copy of the tenancy agreement which was provided to her, and I note that the landlord has not signed it. The landlord also has not completed or signed the Healthy Homes statement on page 5. Section 45
Shannyn Mayb Conway claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must 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 failed to comply in respect of the Healthy Homes standards. I find they have committed an unlawful act. Healthy Homes breach
The landlord has breached the landlord’s obligations under section 45(1)(bb) of the Residential Tenancies Act 1986 (RTA), which requires compliance with the Residential Tenancies (Healthy Homes Standards) 2019 (HHS).
Compliance dates for the HHS vary depending on the tenancy: a. All private rentals must comply within 90 days of any new or renewed tenancy between 1 July 2021 and 27 August 2022, with all private rentals complying by 1 July 2025.
As this was a new tenancy the landlord should have complied with the Healthy Homes standards by 13 November 2021 being within 90 days of commencement of the tenancy.
The tenancy ended in April 2023, and it is the tenant’s evidence that the landlord did not comply with the Healthy Homes standards by that date.
Shannyn Mayb Conway considers that the landlord has failed to comply with the HHS ventilation standard.
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 premises did not have an extractor fan in either the kitchen or the bathroom.
The landlord had provided a handwritten note at some stage which records that an electrician had advised that it was not necessary for an extractor fan to be installed. This evidence shows that the landlord was aware of the requirement for extractor fans but mistakenly thought that he was exempt.
The tenant produced evidence to show that the wall in the bedroom was covered in mould. This is the likely outcome where there are no mechanical extractor fans. The Healthy Homes standards were introduced to ensure that tenancies were warm, dry and healthy. The landlord did not comply with the Healthy Homes standards and therefore is in breach.
I consider that an award for exemplary damages is warranted, and I award $500.00 to the tenant. Bond
The tenant applied for release of the bond which is held by the Bond Centre.
It is now five months since the tenancy ended. The tenant’s evidence is that the landlord refused to release the bond until he obtained a final water bill. The tenant did not receive a water bill for the entire period of the tenancy. It was not until after the tenancy ended that the landlord provided the tenant with an invoice for water. The tenant cannot be liable for water invoices which have not been provided to her within a reasonable period of when the amount was due.
Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant.
The total amount of the bond money is released to the tenant.
Because Shannyn Mayb Conway has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4565274 — Healthy homes at Unit/Flat 2, 2 Prebble Place, Mission Bay, Auckland 1071

At a glance

Tenancy Tribunal case 4565274 — Healthy homes at Unit/Flat 2, 2 Prebble Place, Mission Bay, Auckland 1071

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions