What was the outcome of Tenancy Tribunal case 4774160?

The tribunal order states: The tenant’s application is dismissed.

How much money was awarded in case 4774160?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4774160?

The primary dispute was Mould & damp. Related themes: State of repair, Smoke alarms, Healthy homes, Exemplary damages, Compensation.

Where can I read the official tribunal order for case 4774160?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9918643-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4774160?

The tribunal order states: The tenant’s application is dismissed.

How much money was awarded in case 4774160?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4774160?

The primary dispute was Mould & damp. Related themes: State of repair, Smoke alarms, Healthy homes, Exemplary damages, Compensation.

Where can I read the official tribunal order for case 4774160?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9918643-Tenancy_Tribunal_Order.pdf.

Flat 4, 205 Colombo Street, Sydenham, Christchurch 8023 Tenancy Tribunal Case 4774160 — Mould & damp

Order

The tenant’s application is dismissed.

Reasons

Both parties attended the hearing. Ms Ranger attended for the landlord.
The tenant claims compensation and exemplary damages for the landlord’s failure to comply with healthy homes standards and for failure to keep the premises in a reasonable state of repair. Law
Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair, comply with all requirements in respect of smoke alarms and insulation set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016, comply with any relevant enactment in relation to buildings, health and safety and comply with healthy homes standards.
From 1 July 2019, all residential premises have been required to be insulated to a minimum standard. The standard differs depending on whether the most recent healthy homes standards apply (under the Residential Tenancies (Healthy Homes Standards) Regulations 2019) or the earlier standards apply (under the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016).
In either case, the requirements differ depending on whether the insulation was installed before 1 July 2016 or on or after 1 July 2016.
Where the earlier regulations apply, and the insulation was installed on or after 1 July 2016, the minimum R-value for ceiling insulation is 2.9 in Zones 1 and 2, and 3.3 for Zone 3 (Zone 3 covers the South Island and central North Island).
Where insulation is installed before 1 July 2016, the required R-value is 1.9.
Where the latest regulations apply, the higher R-Values apply and ceiling insulation must be at least 120mm thick unless the landlord proves that the insulation had the minimum R-value when it was installed, and the insulation is at least 70% of its original thickness (even if it is less than 120mm thick).
Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.
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. Background
This tenancy started in October 2019 and ended in January 2024.
It was originally for a one-year fixed term and there were three more agreed one-year terms thereafter. The final one ended on 30 October 2023 and the tenancy then continued as a periodic tenancy until it the tenant ended it.
There was limited written evidence relating to the continuations. The landlord produced communications between the parties in 2022 in which the landlord offered the tenant an extension of the tenancy agreement of 12 months on the same terms as the existing agreement. The extension started on 1 November 2022. The tenant accepted.
At the same time, the landlord gave notice that the rent would increase from 30 November 2022. The tenant asked the landlord to keep the rent as it was, but the landlord insisted on the increase.
There were problems with the front door during the tenancy which the tenant reported to the landlord. The wooden framed door would tend to expand in the damp weather causing it to stick shut making it difficult to open. In the dry weather it would contract tending to leave gaps around the door allowing a draught. The tenant said that the landlord responded promptly when he brought the problem to their attention.
In August 2023, the landlord obtained a healthy homes report on the premises. They provided a copy of the report to the tenant. Ms Ranger said that the report was part of a wider programme to ensure that the landlord’s rental properties comply with healthy homes requirements.
The report found several failures to comply with the requirements. There were no extractor fans in the bathroom or kitchen. There were gaps and draughts around a bedroom window. The heating capacity of the heat pump in the living area was insufficient. Finally, the report questioned whether the ceiling insulation complied with the requirements.

What Healthy Homes Regulations Apply to the Tenancy?

There is no doubt that at the least, the 2016 regulations in respect of insulation apply to the tenancy. Those came into effect on 1 July 2019.
The question is do the most recent regulations apply? They will apply if the tenancy was renewed after 1 July 2021.
The tenancy was continued twice after that date. That is documented for 2022 and it is fair to assume that the same process was followed in 2021.
Property law has for a long time make a distinction between a renewal and an extension. Although there is no definition of renewal in the Residential Tenancies Act 1986 or in the regulations made under it, it is reasonable to assume that Parliament used the word “renew” deliberately. If it intended an extension to trigger application of the recent regulations, it could have added the word “extension”.
A renewal means that a new agreement has come into existence replacing the previous agreement. An extension is simply a continuation of the existing agreement. To decide the issue, I must look at what the landlord intended, what the tenant understood the situation to be and consider the agreement overall in context. This must be done objectively.
I find that in this case the parties agreed an extension not a renewal. The landlord used the word extension not renewal. That is not decisive, but it is relevant. As well, none of the terms of the agreement were altered (apart of course from the end date of the fixed term which is consistent with an extension). The rent was increased but the only written evidence of that shows the increase taking effect after the extension. It was not, therefore, a term of the extended agreement.
It follows that the recent healthy homes regulations did not apply to the tenancy. They will apply to any new tenancy after 120 days from the start of the new tenancy.
It follows that the tenant’s claims based on a breach of the recent healthy homes regulations cannot succeed. That just leaves the 2016 regulations in terms of health homes.
Whether the landlord has failed to comply with those regulations depends on the R-value of the ceiling insulation in the premises. The 120mm rule, which would put the onus of proving that the insulation was compliant on the landlord, does not apply. Because there was no evidence of the R-value of the insulation, and the insulation was not obviously deficient, the claim cannot succeed. Other Claims
The tenant’s other claims relate to the door and the window. They do not depend on the healthy homes requirements. The question is, has the landlord kept the premises is a reasonable state of repair? The landlord must also be aware of the defect to come under an obligation to remedy it. That usually requires the tenant to bring it to the landlord’s attention.
The tenant did bring the door issue to the landlord’s attention and the tenant confirmed that the landlord responded promptly when he did so. This was a continuing problem, but there is no evidence that the door was inherently defective. Therefore, this claim must be dismissed.
The tenant did not bring the window issue to the landlord’s attention, but Ms Ranger said that she noticed it during an inspection in November. She put in request for it to be remedied. The tenant gave notice a short time later. If there has been some slight delay getting the work done, it does not warrant an award against the landlord and so the claim must be dismissed.
It appears that there have been landlord breaches in relation to the tenancy agreement and the variations (of the fixed term) of it. They should have been signed by the parties and the landlord should have provided the prescribed information to the tenant. But there are no claims in relation to them. I note that the tenant cannot now make such claims because the law requires parties to bring all their claims, as far as possible, at one time.
If follows that the tenant’s application must be dismissed.

Order

The tenant’s application is dismissed.

Reasons

Both parties attended the hearing. Ms Ranger attended for the landlord.
The tenant claims compensation and exemplary damages for the landlord’s failure to comply with healthy homes standards and for failure to keep the premises in a reasonable state of repair. Law
Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair, comply with all requirements in respect of smoke alarms and insulation set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016, comply with any relevant enactment in relation to buildings, health and safety and comply with healthy homes standards.
From 1 July 2019, all residential premises have been required to be insulated to a minimum standard. The standard differs depending on whether the most recent healthy homes standards apply (under the Residential Tenancies (Healthy Homes Standards) Regulations 2019) or the earlier standards apply (under the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016).
In either case, the requirements differ depending on whether the insulation was installed before 1 July 2016 or on or after 1 July 2016.
Where the earlier regulations apply, and the insulation was installed on or after 1 July 2016, the minimum R-value for ceiling insulation is 2.9 in Zones 1 and 2, and 3.3 for Zone 3 (Zone 3 covers the South Island and central North Island).
Where insulation is installed before 1 July 2016, the required R-value is 1.9.
Where the latest regulations apply, the higher R-Values apply and ceiling insulation must be at least 120mm thick unless the landlord proves that the insulation had the minimum R-value when it was installed, and the insulation is at least 70% of its original thickness (even if it is less than 120mm thick).
Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.
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. Background
This tenancy started in October 2019 and ended in January 2024.
It was originally for a one-year fixed term and there were three more agreed one-year terms thereafter. The final one ended on 30 October 2023 and the tenancy then continued as a periodic tenancy until it the tenant ended it.
There was limited written evidence relating to the continuations. The landlord produced communications between the parties in 2022 in which the landlord offered the tenant an extension of the tenancy agreement of 12 months on the same terms as the existing agreement. The extension started on 1 November 2022. The tenant accepted.
At the same time, the landlord gave notice that the rent would increase from 30 November 2022. The tenant asked the landlord to keep the rent as it was, but the landlord insisted on the increase.
There were problems with the front door during the tenancy which the tenant reported to the landlord. The wooden framed door would tend to expand in the damp weather causing it to stick shut making it difficult to open. In the dry weather it would contract tending to leave gaps around the door allowing a draught. The tenant said that the landlord responded promptly when he brought the problem to their attention.
In August 2023, the landlord obtained a healthy homes report on the premises. They provided a copy of the report to the tenant. Ms Ranger said that the report was part of a wider programme to ensure that the landlord’s rental properties comply with healthy homes requirements.
The report found several failures to comply with the requirements. There were no extractor fans in the bathroom or kitchen. There were gaps and draughts around a bedroom window. The heating capacity of the heat pump in the living area was insufficient. Finally, the report questioned whether the ceiling insulation complied with the requirements.

What Healthy Homes Regulations Apply to the Tenancy?

There is no doubt that at the least, the 2016 regulations in respect of insulation apply to the tenancy. Those came into effect on 1 July 2019.
The question is do the most recent regulations apply? They will apply if the tenancy was renewed after 1 July 2021.
The tenancy was continued twice after that date. That is documented for 2022 and it is fair to assume that the same process was followed in 2021.
Property law has for a long time make a distinction between a renewal and an extension. Although there is no definition of renewal in the Residential Tenancies Act 1986 or in the regulations made under it, it is reasonable to assume that Parliament used the word “renew” deliberately. If it intended an extension to trigger application of the recent regulations, it could have added the word “extension”.
A renewal means that a new agreement has come into existence replacing the previous agreement. An extension is simply a continuation of the existing agreement. To decide the issue, I must look at what the landlord intended, what the tenant understood the situation to be and consider the agreement overall in context. This must be done objectively.
I find that in this case the parties agreed an extension not a renewal. The landlord used the word extension not renewal. That is not decisive, but it is relevant. As well, none of the terms of the agreement were altered (apart of course from the end date of the fixed term which is consistent with an extension). The rent was increased but the only written evidence of that shows the increase taking effect after the extension. It was not, therefore, a term of the extended agreement.
It follows that the recent healthy homes regulations did not apply to the tenancy. They will apply to any new tenancy after 120 days from the start of the new tenancy.
It follows that the tenant’s claims based on a breach of the recent healthy homes regulations cannot succeed. That just leaves the 2016 regulations in terms of health homes.
Whether the landlord has failed to comply with those regulations depends on the R-value of the ceiling insulation in the premises. The 120mm rule, which would put the onus of proving that the insulation was compliant on the landlord, does not apply. Because there was no evidence of the R-value of the insulation, and the insulation was not obviously deficient, the claim cannot succeed. Other Claims
The tenant’s other claims relate to the door and the window. They do not depend on the healthy homes requirements. The question is, has the landlord kept the premises is a reasonable state of repair? The landlord must also be aware of the defect to come under an obligation to remedy it. That usually requires the tenant to bring it to the landlord’s attention.
The tenant did bring the door issue to the landlord’s attention and the tenant confirmed that the landlord responded promptly when he did so. This was a continuing problem, but there is no evidence that the door was inherently defective. Therefore, this claim must be dismissed.
The tenant did not bring the window issue to the landlord’s attention, but Ms Ranger said that she noticed it during an inspection in November. She put in request for it to be remedied. The tenant gave notice a short time later. If there has been some slight delay getting the work done, it does not warrant an award against the landlord and so the claim must be dismissed.
It appears that there have been landlord breaches in relation to the tenancy agreement and the variations (of the fixed term) of it. They should have been signed by the parties and the landlord should have provided the prescribed information to the tenant. But there are no claims in relation to them. I note that the tenant cannot now make such claims because the law requires parties to bring all their claims, as far as possible, at one time.
If follows that the tenant’s application must be dismissed.

Tenancy Tribunal case 4774160 — Mould & damp at Flat 4, 205 Colombo Street, Sydenham, Christchurch 8023

At a glance

Tenancy Tribunal case 4774160 — Mould & damp at Flat 4, 205 Colombo Street, Sydenham, Christchurch 8023

At a glance

Claims & awards

Order

Reasons

What Healthy Homes Regulations Apply to the Tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

What Healthy Homes Regulations Apply to the Tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions