What was the outcome of Tenancy Tribunal case 4752527?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4752527?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4752527?

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

Where can I read the official tribunal order for case 4752527?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10661795-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4752527?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4752527?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4752527?

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

Where can I read the official tribunal order for case 4752527?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10661795-Tenancy_Tribunal_Order.pdf.

9 Howden Street, Te Anau, Te Anau 9600 Tenancy Tribunal Case 4752527 — Healthy homes

Order

The application is dismissed.

Reasons

Mr and Mrs Jack appeared as trustees of the respondent Family Trust and both applicants appeared in person.
Whilst an interpreter was asked for, the interpreter did not make themselves available. I asked if the tenants wished to proceed. They confirmed at the outset that they would proceed and was able to procced if the discussions were slow and clear and if she sought clarification at any stage, that was to occur. Background:
The background to this case is that that applicants sought to rent the respondents property in Te Anau. A number of messages exchanged between the parties were submitted in evidence. The parties signed a fixed term tenancy that was to start on 4 July 2023 and end on 5 October 2023.
The end date of the tenancy was bought to the attention of the parties at the hearing, as both parties thought it was in fact 30 November 2023.
The tenants moved out on 30 November 2023 and started looking for alternative accommodation with a number of agencies towards the end of September and beginning of October.
The claim before me has been bought by the tenants. Claiming they wished to stay longer than the three months and should have been given that opportunity.
The landlords themselves thought they thought they were doing the right thing which was asking for the tenant if they had found a place and confirming when they were able to leave and ultimately gave them a letter dated 25 October seeking to terminate the tenancy on 27 December 2023.
Having considered all of the evidence I find that there was in fact the offer to extend the fixed term tenancy until 27 December, (when an employee was moving in) however the tenants moved out on what they believe was the last day of the fixed term tenancy, 30 November 2023.
The tenant claimed that if an employee was to move in then that should have been recorded in their original tenancy, the tenant is incorrect stating they should have been told that possibility in the original tenancy agreement.
I shall now use the same headings that the tenant used in the claim before me today and deal with each one separately. The landlord has violated health homes standards.
Xiao Yin and Ying Shu claims that 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). Xiao Yin and Ying Shu considers that the landlord has failed to comply with the HHS in relation to an extractor fan in the bathroom and underfloor insulation.
Compliance dates for the HHS vary depending on the tenancy: a. For private rentals i. If the tenancy commenced between 1 July 2021 and before 28 August 2022, the rental must comply within 90 days of the commencement of any new or renewed tenancy; or ii. If the tenancy commenced between 28 August 2022 but before 3 March 2025, the rental must comply within 120 days of the commencement of any new or renewed tenancy. iii. All private rentals must comply by 1 July 2025.
This tenancy falls outside of the time frames as the fixed term tenancy was for 90 days and agreement to extend that no one knew about until today, to 149 Days.
The insulation statement was attached to the Residential Tenancies agreement. A quote was being obtained and work in relation to underfloor insulation and the extractor fan was unable to be completed at the time of the tenancy.
In this case I have determined that there is no evidence of this breach that would justify an award of exemplary damages. The tenant stated that because it was disclosed in the installation statement that the landlord should not have tenanted the property as the work needed to be done.
The claim is not proven and dismissed accordingly. The landlord intentionally violated legal regulations with full knowledge of health homes standards
Th tenant argued that there should be exemplary damage for the landlord intentionally violating the regulations. I refer to my decision above and dismiss this claim also. The landlord planned to evade heath home standards by engaging in short term rentals.
The tenant claims that the reason only a three month fixed term tenancy was entered into was to avoid the need to comply with the HHS. This is not an exemplary damages claim under the act. Further having considered all of the correspondence between the parties, there was agreement for the short fixed term tenancy. It is not for the Tribunal to dictate to land owners if they should extend such terms and make an assumption as to why they would not extend it.
The claim must also be dismissed. The landlord failed to fulfil the obligation to provide insurance or correct the information provided.
Xiao Yin and Ying Shu claims the landlord has not provided a copy of the insurance policy for the premises.
A tenant can request the landlord to provide a copy of any insurance policy which relates to the tenant’s liability for destruction of, or damage to, the premises. The landlord must provide a copy of the policy within a reasonable time. The landlord must notify the tenant of any changes to the information provided, or if the premises are no longer insured. See s 45(2B) and (2C) Residential Tenancies Act 1986.
Breaching any of these obligations is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $900.00. See section 45(2D) and Schedule 1A RTA.
There is no evidence that the tenant asked for the documents and there is no claim against the tenants for damage. The tenant claims they should receive exemplary damages as the insurance documents should fall part of the agreement. This is an incorrect interpretation of the Act and again the claim is dismissed. The landlord acting to terminate tenancy without grounds
The tenant claims that the landlord has breached their obligations under section 60AA.
Under Section 60AA a landlord must not give a notice to terminate the tenancy or apply to the Tribunal for such an order, knowing they are not entitled to do so.
Breaching any of these obligations without a reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $6500.00. See section 60AA and Schedule 1A Residential Tenancies Act 1986.
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.
Whilst the tenants were disappointed that the landlord would not extend the tenancy beyond what they were hoping, for this is not a ground under the Residential Tenancies Act to make a claim under this section and be awarded damages.
The landlord and tenant were mistaken to the actual end date of the tenancy and the landlord allowed such an extension they put in writing the final day of the fixed term tenancy that the tenant did not utilise in any event, instead vacating on the day they believed was the end of the fixed term tenancy.
On the evidence I find that the fixed term tenancy was extended by agreement and ended on 30 November as both parties anticipated.
This part of the claim is dismissed. The landlord issued a retaliatory termination notice
For a notice to be declared retaliatory, the tenant must prove that in terminating the tenancy, the landlord was motivated wholly or partly by the tenant exercising a right under the tenancy agreement or any Act, or by any complaint against the landlord. See section 54(1) Residential Tenancies Act 1986.
Giving a termination notice which is declared to be retaliatory is an unlawful act for which exemplary damages may be awarded, up to a maximum of $6,500.00. See section 54(2), (3) and Schedule 1A Residential Tenancies Act 1986.
The landlord did not issue a retaliatory notice. The tenancy was fixed term and concluded at that time. The fact they put in writing a further extension this was not taken up by the tenant and can not be deemed a retaliatory notice in terms of the Act.
This part of the claim is dismissed. The landlord contracting to contravene or evade the provisions of Residential Tenancies Act
The tenant claims again that the landlord sought a three month tenancy to evade the provisions of the Residential tenancies Act. The Act would apply for a short, fixed term tenancy and the landlord did not try and claim that the Act did not apply.
This part of the claim is dismissed. The landlord made misleading descriptions in the contract.
The tenant claims that the landlord mislead them in the tenancy agreement saying they were going to instal a fan. Again, this is not an exemplary damage I am able to award. However, the issue of the fan has been addressed above.
This claim is dismissed. The ladndlord engaged in unlawful discrimination
Xiao Yin and Ying Shu claims that the landlord discriminated against them.
A landlord must not discriminate against a tenant in relation to the grant, renewal, variation or termination of a tenancy, in contravention of the Human Rights Act 1999. See sections 12(1) and 109(3) Residential Tenancies Act 1986.
Section 21 of the Human Rights Act specifies the prohibited grounds of discrimination, which include sex, marital status, religious or ethical belief, race or ethnicity, disability, age, political opinion, employment status, family status, and sexual orientation.
Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $6,500.00. See section 12(1) and Schedule 1A Residential Tenancies Act 1986.
The tenant claims that again the landlord would not give a longer tenancy due to claims that the disclosure in relation to the type of visa she had may affect the tenancy. There is no evidence that at the time the parties entered into the fixed term tenancy, nor at the time of possibly entering another type of tenancy arrangement, any form of discrimination.
The claim is dismissed. The landlord caused emotional distress to both my husband and me
The tenant claims that the requests for confirmation on the date the tenant could leave if they had found alternative accommodation caused distressed.
Based on the evidence I do not agree that this claim is proven. The landlord did not need to give an extension past the 5 October and clearly at some point agreed to the 30 November as that is when they both thought the tenancy came to an end and the tenants moved out having found alternative accommodation.
This part of the claim is also dismissed.
Having considered all of the evidence and given the parties confirmed that they have presented their case without further evidence or submissions I find that the claims have not been proven on the balance of probabilities and as a result I dismiss the claim in its entirety.

Tenancy Tribunal case 4752527 — Healthy homes at 9 Howden Street, Te Anau, Te Anau 9600

At a glance

Tenancy Tribunal case 4752527 — Healthy homes at 9 Howden Street, Te Anau, Te Anau 9600

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions