What was the outcome of Tenancy Tribunal case 5005688?

The tribunal order states: The landlord must carry out the following work to the premises, which must be

How much money was awarded in case 5005688?

Compensation: Failure to maintain- a…: $114.29 awarded to tenant; Compensation: Failure to maintain- b…: $1,417.14 awarded to tenant; Compensation: Failure to maintain- d…: $2,875.71 awarded to tenant; Compensation: Failure to maintain- D…: $48.57 awarded to tenant; Compensation: Failure to maintain- f…: $184.29 awarded to tenant; Compensation: Failure to maintain- f…: $904.29 awarded to tenant; Compensation: Failure to maintain- n…: $3,522.86 awarded to tenant; Compensation: Failure to maintain- p…: $904.29 awarded to tenant; Compensation: Failure to maintain- s…: $551.43 awarded to tenant; Compensation: Failure to maintain- s…: $3,542.86 awarded to tenant; Compensation: Failure to maintain- w…: $192.86 awarded to tenant; Compensation: Water Tank 1/4 Fill: $150.00 awarded to tenant; Property Damage: $7,200.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5005688?

The primary dispute was State of repair.

Where can I read the official tribunal order for case 5005688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11086921-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5005688?

The tribunal order states: The landlord must carry out the following work to the premises, which must be

How much money was awarded in case 5005688?

Compensation: Failure to maintain- a…: $114.29 awarded to tenant; Compensation: Failure to maintain- b…: $1,417.14 awarded to tenant; Compensation: Failure to maintain- d…: $2,875.71 awarded to tenant; Compensation: Failure to maintain- D…: $48.57 awarded to tenant; Compensation: Failure to maintain- f…: $184.29 awarded to tenant; Compensation: Failure to maintain- f…: $904.29 awarded to tenant; Compensation: Failure to maintain- n…: $3,522.86 awarded to tenant; Compensation: Failure to maintain- p…: $904.29 awarded to tenant; Compensation: Failure to maintain- s…: $551.43 awarded to tenant; Compensation: Failure to maintain- s…: $3,542.86 awarded to tenant; Compensation: Failure to maintain- w…: $192.86 awarded to tenant; Compensation: Water Tank 1/4 Fill: $150.00 awarded to tenant; Property Damage: $7,200.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5005688?

The primary dispute was State of repair.

Where can I read the official tribunal order for case 5005688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11086921-Tenancy_Tribunal_Order.pdf.

103 Oraha Road, Kumeu, RD 2, Kumeu 0892 Tenancy Tribunal Case 5005688 — State of repair

Claims and awards in Tenancy Tribunal application 5005688 — net $21,635.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages: Failure to maintain	$7,200.00	Failure to maintain
Compensation: Failure to maintain- soffits	$3,542.86	Failure to maintain- soffits
Compensation: Failure to maintain- blinds	$1,417.14	Failure to maintain- blinds
Compensation: Failure to maintain- seals/gaps in windows in lounge, kitchen and ranchsliderr	$551.43	Failure to maintain- seals/gaps in windows in lounge, kitchen and ranchsliderr
Compensation: Failure to maintain- front door gap	$904.29	Failure to maintain- front door gap
Compensation: Failure to maintain- porch light	$904.29	Failure to maintain- porch light
Compensation: Failure to maintain- neighbouring paddocks	$3,522.86	Failure to maintain- neighbouring paddocks
Compensation: Failure to maintain- DVS filter	$48.57	Failure to maintain- DVS filter
Compensation: Failure to maintain- fireplace	$184.29	Failure to maintain- fireplace
Compensation: Failure to maintain- ants nest	$114.29	Failure to maintain- ants nest
Compensation: Failure to maintain- driveway drain channel	$2,875.71	Failure to maintain- driveway drain channel
Compensation: Water tank 1/4 fill	$150.00	Water tank 1/4 fill
Compensation: Failure to maintain- water tank filter	$192.86	Failure to maintain- water tank filter
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$21,635.59
Total payable by Landlord to Tenant	$21,635.59

Claims and awards in Tenancy Tribunal application 5005688 — net $21,635.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages: Failure to maintain	$7,200.00	Failure to maintain
Compensation: Failure to maintain- soffits	$3,542.86	Failure to maintain- soffits
Compensation: Failure to maintain- blinds	$1,417.14	Failure to maintain- blinds
Compensation: Failure to maintain- seals/gaps in windows in lounge, kitchen and ranchsliderr	$551.43	Failure to maintain- seals/gaps in windows in lounge, kitchen and ranchsliderr
Compensation: Failure to maintain- front door gap	$904.29	Failure to maintain- front door gap
Compensation: Failure to maintain- porch light	$904.29	Failure to maintain- porch light
Compensation: Failure to maintain- neighbouring paddocks	$3,522.86	Failure to maintain- neighbouring paddocks
Compensation: Failure to maintain- DVS filter	$48.57	Failure to maintain- DVS filter
Compensation: Failure to maintain- fireplace	$184.29	Failure to maintain- fireplace
Compensation: Failure to maintain- ants nest	$114.29	Failure to maintain- ants nest
Compensation: Failure to maintain- driveway drain channel	$2,875.71	Failure to maintain- driveway drain channel
Compensation: Water tank 1/4 fill	$150.00	Water tank 1/4 fill
Compensation: Failure to maintain- water tank filter	$192.86	Failure to maintain- water tank filter
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$21,635.59
Total payable by Landlord to Tenant	$21,635.59

Order

The landlord must carry out the following work to the premises, which must be completed by 28 November 2024: a. The remaining damaged soffits of the premise must be fully repaired; b. The mould on the soffits must be fully removed and chemically treated so that it does not return; c. The remaining broken blinds in premise must be removed and replaced with heavy curtains that are lined and help retain heat; d. The leaking windows in the lounge, kitchen and ranch slider must have silicone applied to the top of them to seal them in order to try to prevent leaking when the windows are washed; e. Adjust the top two hinges on the front door by taking 1mm out of middle hinge and 2mm out of top hinge and place a tube seal around the door instead of a draught strip; f. Reinstate the light on the front porch, after the soffits are fully repaired and the electrical risks have been eliminated; and g. The ants nest in the roof cavity must be investigated and treated so the ants are eliminated.
The landlord must carry out the following work to the premises, which must be completed by 13 December 2024: a. The driveway drain channels must be cleared and fully reinstated so that water is able to drain off the driveway; b. Pot holes in driveway must be filled and smoothed out; c. New metal must be laid on the driveway and compacted; d. The gap where flue goes into fireplace must be remedied and the fireplace front door replaced; and e. The paddock adjacent to the back of the tenant’s property must be fully mowed and thereafter fully mowed on a quarterly basis.
If the landlord fails to comply with either Order 1 or 2 above, then the tenant may undertake the work and charge the landlord the costs of this work up to $10,000.00. These costs may be set off against rent payable.
Northside Property Management Limited As Agent For Raymond Tang must pay Amy Connolly $21,635.59 immediately.

Reasons

Both parties attended the hearing. Work Orders
The tenant claims that the landlord did not: a. Fix the damaged soffits at the front of the premise; b. Address the black mould growing on the broken soffits; c. Fix the broken blinds in shared areas of the premise and heat is lost from those rooms as a result; d. Fix the windows in the lounge, kitchen and ranch slider that leak when the tenant tries to wash them even when she gently uses the garden hose to wash off the soap applied to wash the windows; e. Fix the gap at the top of the front door and the damaged draught tape around the door, so draughts come in the front door making the house cold and draughty; f. Reinstate the light on the front porch as the soffits remained damaged and the porch light had to be taped off to stop any electrical risks; g. Address the ants nest in the roof cavity; h. Clear the driveway drain channels to one metre each side of the driveway and ensure they are fully reinstated so that water is able to drain off the driveway; i. Fill the potholes in driveway and smooth them out; j. Put new metal on the driveway and compact it; k. Repair the broken flue and door to the fireplace; and l. Maintain the paddock adjacent to the back of the tenant’s property regularly.
The tenant wants theses problems fixed.
Under section 45(1)(a) - (ca) Residential Tenancies Act 1986, the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements.
Where the Tribunal finds the landlord has failed to comply with any of these obligations, it may make an order for the landlord to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.
If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order. This provision does not apply to any work order, or part of a work order, in relation to smoke alarms, insulation, a failure to comply with a standard of fitness under section 120C Health Act 1956, or a failure to comply with any health or safety legislative requirement. See sections 78(2) and 78(2AA) Residential Tenancies Act 1986.
A work order may also authorise the tenant to undertake the work and charge the landlord the costs of doing the work, if the landlord should fail to comply with the work order and alternative monetary order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be set off by the tenant against rent payable. See sections 78(2AAB) and 78(2AAC)(b) Residential Tenancies Act 1986.
The landlord must carry out the following work to the premises, which must be completed by 28 November 2024: a. The remaining damaged soffits of the premise must be fully repaired; b. The mould on the soffits must be fully removed and chemically treated so that it does not return; c. The remaining broken blinds in premise must be removed and replaced with heavy curtains that are lined and help retain heat; d. The leaking windows in the lounge, kitchen and ranch slider must have silicone applied to the top of them to seal them in order to try to prevent leaking when the windows are washed; e. Adjust the top two hinges on the front door by taking 1mm out of middle hinge and 2mm out of top hinge and place a tube seal around the door instead of a draught strip; f. Reinstate the light on the front porch, after the soffits are fully repaired and the electrical risks have been eliminated; and g. The ants nest in the roof cavity must be investigated and treated so the ants are eliminated.
The landlord must carry out the following work to the premises, which must be completed by 13 December 2024: a. The driveway drain channels must be cleared and fully reinstated so that water is able to drain off the driveway; b. Pot holes in driveway must be filled and smoothed out; c. New metal must be laid on the driveway and compacted; d. The gap where flue goes into fireplace must be remedied and the fireplace front door replaced; and e. The paddock adjacent to the back of the tenant’s property must be fully mowed and thereafter fully mowed on a quarterly basis.
If the landlord fails to complete the work set out above, then the tenant may undertake the work and charge the landlord the costs of this work up to $10,000.00. These costs may be set off against rent payable. Failure to maintain
Amy Connolly claims that the landlord has breached their obligations under section 45(1)(b) of the Residential Tenancies Act 1986 (“RTA”).
Under section 45(1)(b) of the RTA, the landlord has an obligation to investigate and repair a defect brought to its attention, within a timeframe that is reasonable in the circumstances. In Collins v Professionals Hutt City Ltd, the Wellington District Court held “what that time is 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”. 1
There is an obligation to repair, even if the tenant has notice of the state of repair of the premises when entering a tenancy agreement.
A tenant may give a landlord 14 days’ notice to remedy a breach of the RTA and/or any relevant enactment in relation to buildings, health and safety, but should do so in good faith and to remedy a real and significant breach 2 . However, notice from the tenant is not required if the landlord knew of the need to repair 3 or the need for repair was apparent from observation 4 .
There is also failure to repair if the repair is ineffective, non-complaint or unsafe 5 .
Under section 45(1)(a) of the RTA, a landlord must also provide the premises in a reasonable state of cleanliness.
Breaching either of these s45 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.
General damages may also be awarded in the form or rent reductions, water rates reductions or compensation for the stress, inconvenience and loss of amenity suffered by the tenants.
The tenant gave evidence that; a. On 21 July 2023 she first raised her concerns about the soffits around the front of the house needing repairs and provided photographs to the landlord 1 Collins v Professionals Hutt City Ltd DC Wellington CIV-2009-085-1431, 24 February 2019 at [15]. 2 Brough v Housing NZ Ltd NZTT1848/1, 27 May 202 at [13]. 3 Berghan v Ponsonby Property Management Ltd trading as L J Hooker [2015] NZTT Manukau 2845 at [9]- [11]. 4 Barfoot & Thompson Ltd v Casey DC Auckland CIV-2005-004-1762, 7 November 2007 at [4]. 5 Staife v Aegis Trust [2016] NZTT Auckland 3314 at [31]. of the open holes and black mould as well as water damage to the wood as the rainwater appears to be coming through the roof not the gutters. The landlord confirmed it had remediated all but one part of the soffit, which it has undertaken to have repaired fully within two weeks from the date of the hearing and to have the black mould and water damage addressed also. The landlord says it will get rid of the black mould and treat it with anti mould products before finishing off the soffit repairs by 28 November 2024. b. On 21 July 2023, the tenant says she first raised the issue of the broken blinds reducing her privacy and letting out heat from the house and asked for them to be replaced. The tenant says she replaced the blinds in the bedrooms herself as the rooms were so cold, but she wants the common area rooms of the house to have adequate curtain dressings as well. The tenant says the landlord had a quote to have them replaced with curtains, as this had been approved by the owners last month, but nothing further has been done. The landlord says this was because the contractor did not provide a quote to the property manager when he was onsite. Further, another new assessment was done on 23 September 2024 and the landlord had advised the tenant of this but had not given her a date the new blinds would be installed. At the hearing, the tenant confirmed she would prefer curtains to the blinds, as curtains keep the heat in. She wants thick double lined curtains, like she has in the bedrooms, as they keep the heat in. The landlord has confirmed that he will source suitable curtains and have them installed by 28 November 2024. c. On 8 November 2023, she first raised the lounge and kitchen windows and the ranch slider not being sealed properly and water pouring into the house when the tenant washes them. The tenant says she was advised by the landlord not to clean the windows at all. She says this has resulted in spider webs and dirt building up and her no longer being able to open the windows. The landlord says the windows are fitted to specification and may leak when high pressure hoses or water blasters are used around the top of them. The tenant says that even when a basic garden hose is used the windows and ranch slider leak from the top and water comes into the house. The tenant also confirmed a contractor came to look at them, and there were no seals between the soffit and framing and that some silicone should be placed around the top sections of these windows where it meets the soffit to seal them. The landlord confirmed the windows have been installed as to standard specifications and that it would send someone to seal windows by 28 November 2024, but there is no guarantee that sealing them with silicone will fix the issue. d. On 3 October 2023, she first raised the damaged front door that has an obvious gap in it that lets draughts into the house. The landlord confirms it has put draught tape on the door but it wears off in less than 12 months as the door is damaged and hangs off centre. The tenant says the contractor that was sent to investigate the door issue told her directly that it needed to be replaced as there is a bow in the metal door and the framing is bent. The tenant says when she moved in there were squatters in the house and the door shows evidence of someone having tried to break in and it whistles when the wind blows. Further, the tenant says that the most recent draught tape is damaged again. The landlord refuses to replace the door and says it can be fixed by adjusting the top two hinges and placing a tube seal around the door. It has undertaken to do these repairs by 28 November 2024. e. Since the commencement of her tenancy on 12 May 2019, the tenant has repeatedly raised her concerns about the driveway channel drains needing to be reinstated either side to prevent waterflow washing away the gravel, then the driveway needs to be repaved. She says the channels are full of weeds and debris and this causes the channels to overflow and rivets and potholes to appear that have damaged the shock absorbers and transmission on her car. The tenant says the driveway had the metal topped up last year, but it slides off and potholes appear once flooding occurs in the winter months. The tenant said that despite there being no mention of her having to maintain the driveway drainage channels in the tenancy agreement, she agrees to help maintain it if the channels are cleared of debris and weeds and metal topped up and compacted. The tenant says before last winter the driveway was flat and now the bottom left side of driveway has a large pothole. The landlord says that he did reinstall the channel drains prior to the tenant’s tenancy commencing and his expectation was it would be maintained by the tenant. Further, the landlord says he is open to reinstating them again, but wants them maintained. The tenant says there were weeds and trees in the channel drains when her tenancy started and pointed out that there is nothing in the tenancy agreement about her needing to maintain these. The landlord, at the hearing, agreed to clear the weeds and debris on both sides of the track up to a meter strip on each side of the driveway and spray it by 28 November 2024. The tenant has undertaken to do reasonable wedding of it thereafter. f. That she first raised an issue at the commencement of her tenancy about the adjacent paddock not being mown regularly on a mowing maintenance schedule and that one needs to be put in place and adhered to, being 12 May 2019. The tenant says she has to mow the lawns fortnightly, but the paddocks next door is left for a year at a time. She says that hemlock grows in this paddock and causes health issues for her and her children and that in the summer months it gets very dry and causes a fire hazard and in the spring the excess amounts of grass seeds so close to the house cause hayfever. The tenants has also produced evidence that the over grown grass pushes the fences and causes damage to them. The tenant produced a witness statement and photographs from the neighbour that proves the unkempt paddock effects the neighbouring properties as it over grows into their areas as well. The tenant confirmed the owner of the rental premise also owns the paddocks at issue. The property management company say it has no control over these paddocks as it does not manage them for the owner. It does however have access to the owner to request that he ensures the paddocks are maintained on a quarterly mowing schedule. It is of note that the Tribunal’s 29 May 2020 and 23 July 2020 Orders requires landlord to maintain the paddock next door to the tenant’s back yard, as dry long grass is an unacceptable fire hazard. The long dry grass has continued to pose a fire risk, a source of allergens and runs the risk of rodents taking up residence in it. At the date of the hearing, the paddock needed to be mown. g. On 3 October 2023, the tenant asked for the front porch light to be wired off and reinstated once soffits are repaired as it was causing an electrical and fire risk with the broken soffits and water damage. As at the date of the hearing the porch light still needed to be reinstated and the soffit damage was not fully repaired, nor was the mould removed. h. On 6 August 2023, the tenant asked the landlord to repair the fireplace flue and door and get it serviced so it is safe to use before next winter. Service. The annual service was done in August 2024 but there had been a gap where flu goes into fireplace, causing a carbon monoxide risk, and the front door glass needed to be replaced. At the date of the hearing this had still not been addressed and the landlord undertook to address it by 28 November 2024. i. On 25 June 2024 the tenant first raised the issue about the water tank filter not working properly and requiring replacement and the water tank cleaning. The landlord delayed having this work done until 23 September 2024.
On 20 August 2024, she asked for the DVS filter to be replaced as it was overdue for replacement. This was completed on 23 September 2024.
On 9 September 2024, she raised the issue of the ant nest in roof cavity that needed to be removed. The last update the tenant received from the landlord was that it needed to switch contractors. The landlord says they have had authority granted for the ants to be exterminated but as at the hearing date this had not been done.
A new property management company took over the management of the rental premise around September 2023. The tenant says she raised all of the issues above with the prior property managers and they did nothing about these issues but the new property managers have been more communicative and have more promptly addressed her concerns as she has raised these issue again with them.
I find the landlord has failed to maintain the premise in a reasonable state of repair for lengthy period of time and in doing so have committed a number of unlawful acts.
Where a party has committed any 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.
I am satisfied the landlord knew about the ongoing repair and maintenance issues and intentionally chose not to address these in a reasonable timeframe in all the circumstances. In relation to the failure to maintain the paddocks, the landlord has blatantly disregarded two Tribunal Orders (29 May and 23 July 2020) directing it to maintain these paddocks on a regular maintenance schedule. In the circumstances I find it would be just to require the landlord to pay a sum of $7,200.00 in exemplary damages (the maximum penalty available), and make the order accordingly because: a. The tenant and her children have been living in an undesirable and unhealthy living environment for much of their tenancy. The landlord knew of the tenant’s cold and mouldy living conditions from the soffits, gaps in windows and doors and broken blinds and refused to remedy these things. The remedial work undertaken around the front door did not remedy the draught for long and the gap returned as soon as the draught tape wore down again; b. The tenant suffered the stress and inconvenience associated with the loss of the amenity of porch light, the fireplace, the flooded driveway causing potholes that damaged her car having to repeatedly follow the landlord up and remind it of its obligations under the RTA to no avail; c. It is in the interests of the tenant to receive exemplary damages for the stress, inconvenience and loss of amenity for the 5 years and 6 months she lived at the premises; and d. It is in the public interest for landlord’s to be penalised as a disincentive to breaching their repair and maintenance obligations.
Further, I find the tenant should have received the following rent rebates: a. $50.00 per week for the soffits for the period 21 July 2023 to 28 November 2024 (70 weeks and 6 days). 50 x 70 =$3,500.00. $50.00 divided by 7days x 6 days = $42.86. $42.86 plus $3,500.00= $3,542.86 rent rebate ordered; b. $20.00 per week for the blinds for the period 21 July 2023 to 28 November 2024 (70 weeks and 6 days). 20 x 70 =$1,400.00. $20.00 divided by 7days x 6 days = $17.14. $17.14 plus 1,400.00= $1,417.14 rent rebate ordered; c. $15.00 per week for the tank water filter for the period 25 June 2024 to 23 September 2024 (12 weeks and 6 days). 15 x 12 =$180.00. $15.00 divided by 7 days x 6 days = $12.86. $12.86 plus $180.00= $192.86 rent rebate ordered; d. $10.00 per week for the leaky windows and ranch slider for the period 8 November 2023 to 28 November 2024 (55 weeks and 1 day). 10 x 55 =$550.00. $10.00 divided by 7days x 1 day = $1.43 $1.43 plus $550.00= $551.43 rent rebate ordered; e. $15.00 per week for the front door gap and draught for the period 3 October 2023 to 28 November 2024 (60 weeks and 2 days). 15 x 60 =$900.00. $15.00 divided by 7days x 2 days = $4.29. $4.29 plus $900.00= $904.29 rent rebate ordered; f. $15.00 per week for the porch light for the period 3 October 2023 to 28 November 2024 (60 weeks and 2 days). 15 x 60 =$900.00. $15.00 divided by 7days x 2 days = $4.29. $4.29 plus $900.00= $904.29 rent rebate ordered; g. $15.00 per week for the paddocks not being maintained for the period 29 May 2020 to 28 November 2024 (234 weeks and 6 days). 15 x 234 =$3,510.00. $15.00 divided by 7days x 6 days = $12.86. $12.86 plus $3,510.00= $3,522.86 rent rebate ordered; h. $10.00 per week for the fireplace for the period 6 August 2024 to 13 December 2024 (18 weeks and 3 days). 10 x 18 =$180.00. $10.00 divided by 7days x 3 day = $4.29 $4.29 plus $180.00= $184.29 rent rebate ordered; i. $10.00 per week for the DVS filter for the period 20 August 2024 to 23 September 2024 (4 weeks and 6 days). 10 x 4 =$40.00. $10.00 divided by 7days x 6 day = $8.57. $8.57 plus $40.00= $48.57 rent rebate ordered; j. $10.00 per week for the ants for the period 9 September 2024 to 28 November 2024 (11 weeks and 3 days). 10 x 11 =$110.00. $10.00 divided by 7days x 3 days = $4.29 $4.29 plus $110.00= $114.29 rent rebate ordered.
In addition, the tenant has proven that when the landlord had her water tank filter cleaned, the contractor only refilled her water tank to half and not the three quarters it was prior to being drained for cleaning. I award the tenant $150.00 compensation for a quarter water tank refill. Breach of healthy homes standards
The tenant claims the landlord has breached its 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). The tenants consider that the landlord has failed to comply with the HHS draught stopping and heating standards.
Compliance dates for the HHS vary depending on the tenancy: a. All residential tenancies had to comply with the Smoke Alarms and Insulation Regulations from 1 July 2019. There was considerable media attention and a lead in time of 3 years for this legislation; b. All private rentals must comply with the remainder of the healthy homes standards within 90 days of any new or renewed tenancy after 1 July 2021, with all private rentals having to comply by 1 July 2025. c. All boarding houses must comply by 1 July 2021. d. All houses rented by Kāinga Ora and registered Community Housing Providers must comply by 1 July 2023.
The date of commencement of tenant’s tenancy was before 1 July 2021, being 12 May 2019, therefore the landlord must ensure the premise meets all of the healthy homes standards by 1 July 2025. Rent records issues and potential overpayment
The tenant produced a spreadsheet that suggests her rent may have been overpaid during the last property management company’s period of management of the property. The landlords did not have access to the rent summary records during the hearing. The property managers committed to having its administration team undertaking a full reconciliation of the tenant’s rent records based on the summary she provided for the hearing of payments she has made from her bank account or that Work and Income New Zealand have made on her behalf.
The landlord has undertaken to work through this reconciliation with the tenant and address any under or overpayments found.
It was noted that the tenant’s rent was one week in advance from the week commencing 4 June 2020 and ending on 10 June 2020. Following this rent period, the tenant was granted a full rent relief by the Tribunal for the period 9 June 2020 to 23 September 2020 and from 24 September 2020 onwards, the rent has been set at $630.00 per week. Filing fee
Because Amy Connolly has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5005688 — State of repair at 103 Oraha Road, Kumeu, RD 2, Kumeu 0892

At a glance

Tenancy Tribunal case 5005688 — State of repair at 103 Oraha Road, Kumeu, RD 2, Kumeu 0892

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions