What was the outcome of Tenancy Tribunal case 4928173?

The tribunal order states: Dante Moulton must pay Latu Soana Hodgkinson $1,777.00 immediately.

How much money was awarded in case 4928173?

Compensation: $1,200.00 awarded to tenant; Property Damage: $550.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 4928173?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4928173?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10947019-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4928173?

The tribunal order states: Dante Moulton must pay Latu Soana Hodgkinson $1,777.00 immediately.

How much money was awarded in case 4928173?

Compensation: $1,200.00 awarded to tenant; Property Damage: $550.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 4928173?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4928173?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10947019-Tenancy_Tribunal_Order.pdf.

Unit/Flat 6, 58 Allendale Road, Mount Albert, Auckland 1025 Tenancy Tribunal Case 4928173 — Exemplary damages

Claims and awards in Tenancy Tribunal application 4928173 — net $1,777.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages: Contents of Tenancy Agreement	$550.00	Contents of Tenancy Agreement
Compensation	$1,200.00	Compensation
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,777.00
Bond	$1,170.00
Total payable by Landlord to Tenant	$1,777.00

Order

Dante Moulton must pay Latu Soana Hodgkinson $1,777.00 immediately.
The Bond Centre is to pay the bond of $1,170.00 (5391385-009) to Latu Soana Hodgkinson.
All remaining claims are dismissed.

Reasons

Both parties attended the hearing.
The tenant applied for a claim relating to the Healthy Homes standards, compensation, refund of the bond and reimbursement of the filing fee. Healthy Homes standards
Latu Soana Hodgkinson 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).
Compliance dates for the HHS vary depending on the tenancy. All private rentals must comply within 120 days of any new or renewed tenancy between 28 August 2022 and 2 March 2025.
This tenancy only lasted 110 days. The landlord had 10 further days in which to comply with the Healthy Homes standards.
Because the tenancy ended before the compliance date the landlord was not in breach. I am unable to award the tenant exemplary damages for breach of the Healthy Homes standards. That part of the claim is dismissed. Tenancy Agreement
The tenancy agreement prepared by the landlord and signed by the parties is only two pages long. The agreement does not include a statement in relation to the Healthy Homes standards.
Section 13A(1CA) Residential Tenancies Act 1987 states that the landlord must include in the tenancy agreement a statement, made and signed by the landlord, that, on or after commencement of the tenancy, the landlord will comply with the healthy homes standards as required by section 45(1)(bb) and including the information (if any) prescribed by regulations under section 138B(5).
The Residential Tenancies (Healthy Homes Standards) Regulations 2019 sets out the information that must be included 1 in the tenancy agreement as follows: (a) Information about the heating standard, insulation standards, ventilation standards, draught stopping standards, moisture ingress and drainage standards and information if relying on general exemptions.
The landlord did not provide a statement or any of the above information.
Breaching these obligations is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $750.00. See section 13A(1F)(a) and Schedule 1A Residential Tenancies Act 1986.
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 1 Regulation 34 to 39 other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
The landlord has four tenancies at these premises. She has had these tenancies since 2006. The landlord was aware of the existence of the healthy homes standards. She said that the standards were in relation to ceiling insulation, ventilation and heating. The landlord obtained the draft tenancy agreement from the internet.
The landlord’s failure to provide the information in the tenancy agreement meant that the tenant was not aware of whether there was any compliance in respect of the healthy homes standards.
An experienced landlord should know the information that needs to be included in the tenancy agreement. It is in the public interest that landlords are aware of of the laws and regulations affecting tenancies.
In the circumstances I consider that an award of $550.00 is reasonable. Compensation
There was no heating in the premises. The landlord was aware of the requirement to provide heating and said that she advised the tenant that there would be a delay in providing the heating. The tenancy ended before heating was provided.
While the landlord has not breached the healthy homes standards due to the compliance date there is legislation requiring the provision of heating.
The Housing Improvement Regulations 1947 set out the minimum standards that apply to premises, including: “6.Every living room shall be fitted with a fireplace and chimney or other approved form of heating.”
The premises did not have an approved form of heating.
The tenant said that the house was damp and had black mould. While the tenant had a medical condition before she moved into the tenancy, she said that while living there she felt unwell. She mentioned that she had a prolonged ear infection which wouldn’t go away.
It is impossible to say whether the tenant’s health issues are partly related to the living condition at the premises. However, it is likely that it has impacted on her given that she has suppressed immunity.
I note also, that as well as having no heating, there is very little ventilation. There is one living area with no windows. There is a door and a window in the bathroom, but these would provide little if any ventilation to the main living area.
I consider that the tenant should be compensated for the loss of amenity in relation to the heating. I consider that an award of compensation of $1,200.00 is reasonable. Bond
The tenant has applied for refund of the bond. The landlord has a claim against the bond, but has not filed a counterclaim with Tenancy Services.
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.
Because Latu Soana Hodgkinson has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4928173 — net $1,777.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages: Contents of Tenancy Agreement	$550.00	Contents of Tenancy Agreement
Compensation	$1,200.00	Compensation
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,777.00
Bond	$1,170.00
Total payable by Landlord to Tenant	$1,777.00

Order

Dante Moulton must pay Latu Soana Hodgkinson $1,777.00 immediately.
The Bond Centre is to pay the bond of $1,170.00 (5391385-009) to Latu Soana Hodgkinson.
All remaining claims are dismissed.

Reasons

Both parties attended the hearing.
The tenant applied for a claim relating to the Healthy Homes standards, compensation, refund of the bond and reimbursement of the filing fee. Healthy Homes standards
Latu Soana Hodgkinson 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).
Compliance dates for the HHS vary depending on the tenancy. All private rentals must comply within 120 days of any new or renewed tenancy between 28 August 2022 and 2 March 2025.
This tenancy only lasted 110 days. The landlord had 10 further days in which to comply with the Healthy Homes standards.
Because the tenancy ended before the compliance date the landlord was not in breach. I am unable to award the tenant exemplary damages for breach of the Healthy Homes standards. That part of the claim is dismissed. Tenancy Agreement
The tenancy agreement prepared by the landlord and signed by the parties is only two pages long. The agreement does not include a statement in relation to the Healthy Homes standards.
Section 13A(1CA) Residential Tenancies Act 1987 states that the landlord must include in the tenancy agreement a statement, made and signed by the landlord, that, on or after commencement of the tenancy, the landlord will comply with the healthy homes standards as required by section 45(1)(bb) and including the information (if any) prescribed by regulations under section 138B(5).
The Residential Tenancies (Healthy Homes Standards) Regulations 2019 sets out the information that must be included 1 in the tenancy agreement as follows: (a) Information about the heating standard, insulation standards, ventilation standards, draught stopping standards, moisture ingress and drainage standards and information if relying on general exemptions.
The landlord did not provide a statement or any of the above information.
Breaching these obligations is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $750.00. See section 13A(1F)(a) and Schedule 1A Residential Tenancies Act 1986.
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 1 Regulation 34 to 39 other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
The landlord has four tenancies at these premises. She has had these tenancies since 2006. The landlord was aware of the existence of the healthy homes standards. She said that the standards were in relation to ceiling insulation, ventilation and heating. The landlord obtained the draft tenancy agreement from the internet.
The landlord’s failure to provide the information in the tenancy agreement meant that the tenant was not aware of whether there was any compliance in respect of the healthy homes standards.
An experienced landlord should know the information that needs to be included in the tenancy agreement. It is in the public interest that landlords are aware of of the laws and regulations affecting tenancies.
In the circumstances I consider that an award of $550.00 is reasonable. Compensation
There was no heating in the premises. The landlord was aware of the requirement to provide heating and said that she advised the tenant that there would be a delay in providing the heating. The tenancy ended before heating was provided.
While the landlord has not breached the healthy homes standards due to the compliance date there is legislation requiring the provision of heating.
The Housing Improvement Regulations 1947 set out the minimum standards that apply to premises, including: “6.Every living room shall be fitted with a fireplace and chimney or other approved form of heating.”
The premises did not have an approved form of heating.
The tenant said that the house was damp and had black mould. While the tenant had a medical condition before she moved into the tenancy, she said that while living there she felt unwell. She mentioned that she had a prolonged ear infection which wouldn’t go away.
It is impossible to say whether the tenant’s health issues are partly related to the living condition at the premises. However, it is likely that it has impacted on her given that she has suppressed immunity.
I note also, that as well as having no heating, there is very little ventilation. There is one living area with no windows. There is a door and a window in the bathroom, but these would provide little if any ventilation to the main living area.
I consider that the tenant should be compensated for the loss of amenity in relation to the heating. I consider that an award of compensation of $1,200.00 is reasonable. Bond
The tenant has applied for refund of the bond. The landlord has a claim against the bond, but has not filed a counterclaim with Tenancy Services.
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.
Because Latu Soana Hodgkinson has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4928173 — Exemplary damages at Unit/Flat 6, 58 Allendale Road, Mount Albert, Auckland 1025

At a glance

Tenancy Tribunal case 4928173 — Exemplary damages at Unit/Flat 6, 58 Allendale Road, Mount Albert, Auckland 1025

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions