What was the outcome of Tenancy Tribunal case 5064128?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5064128?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5064128?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 5064128?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11696499-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5064128?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5064128?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5064128?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 5064128?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11696499-Tribunal_Order.pdf.

33 Otia Drive, Richmond, Richmond 7020 Tenancy Tribunal Case 5064128 — Healthy homes

Reasons

Both parties attended the video hearings of this matter on 24 February and 9 April 2025.

The tenant’s claim to the Tribunal was based on the landlord’s failure to comply with all the requirements in respect of buildings, health, and safety under any enactment so far as they apply to the premises ( see s.45(1)(c) of the Residential Tenancies Act 1986 (“RTA”). Regulation 9 of the Home Improvements Regulations requires a landlord to provide an adequate supply of water to baths and showers and with an adequate means of heating. The tenant had raised the issue with the landlord. The issue had not in the tenant’s view been resolved satisfactorily and the tenants sought work orders from the Tribunal.

The tenant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

The tenancy commenced on 23 August 2024. At the heart of the problem was the size and operation of the hot water cylinder. This is a 3 bedroom detached modern house. It has two showers and a bath. The tenant explained how the hot water supply was insufficient and would frequently run out. The tenant initially thought that the hot water cylinder was too small.

The landlord employed a plumber and an electrician to consider the problems. The initial reports from the contractors was that there was no fault with the hot water cylinder.

When this matter was first heard on 24 February 2025 the Tribunal ordered the landlord to obtain further reports from qualified electricians and plumbers as to the cause for the limited hot water supply.

The plumbers report provided made it clear that there was no issue with the hot water cylinder and that the system was working as it should, heating up and maintaining heat within the cylinder.

The electrician said; “I've been to this property three different times on three different days to check the hot water cylinder. The hot water cylinder was turned off by the ripple relay at all three occasions. On Thursday 6 March 2025 I moved the hot water cylinder circuit from the ripple circuit to normal power and communicated this to the customer. I explained to her that the hot water cylinder will permanently have power on it now with the thermostat controlling the temperature. Claimed that the ripple will have no effect on the temperature anymore and if the hot water cylinder does not run out of water now it means that 180L is big enough. I went back Monday 10 March 2025 in she advised me that it is better but that she needs until Wednesday 12 March 2025 to be sure”.

The tenant’s evidence today was that the change to the ripple circuit has improved her hot water supply.

The obligation on the landlord is to comply with all requirements in respect of building health and safety. The landlord has provided the tenant with a suitable and operational hot water cylinder. The landlord is not involved in any arrangements for the type of power supply to the premises. The type of supply is a matter between the tenant and the power supply company.

The ripple circuit is currently disconnected, but will need to be reconnected once the tenant makes a decision on the type of power supply which is most appropriate for her. Once again, that is a matter between the tenant and her power supply company.

For the reasons set out above, I do not consider that the landlord has been in breach of its responsibilities under the RTA, nor do I consider that a work order should be issued as there is no defect with the hot water cylinder. For those reasons the tenants application is dismissed.

Order

The application is dismissed.

Reasons

Both parties attended the video hearings of this matter on 24 February and 9 April 2025.
The tenant’s claim to the Tribunal was based on the landlord’s failure to comply with all the requirements in respect of buildings, health, and safety under any enactment so far as they apply to the premises ( see s.45(1)(c) of the Residential Tenancies Act 1986 (“RTA”). Regulation 9 of the Home Improvements Regulations requires a landlord to provide an adequate supply of water to baths and showers and with an adequate means of heating. The tenant had raised the issue with the landlord. The issue had not in the tenant’s view been resolved satisfactorily and the tenants sought work orders from the Tribunal.
The tenant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
The tenancy commenced on 23 August 2024. At the heart of the problem was the size and operation of the hot water cylinder. This is a 3 bedroom detached modern house. It has two showers and a bath. The tenant explained how the hot water supply was insufficient and would frequently run out. The tenant initially thought that the hot water cylinder was too small.
The landlord employed a plumber and an electrician to consider the problems. The initial reports from the contractors was that there was no fault with the hot water cylinder.
When this matter was first heard on 24 February 2025 the Tribunal ordered the landlord to obtain further reports from qualified electricians and plumbers as to the cause for the limited hot water supply.
The plumbers report provided made it clear that there was no issue with the hot water cylinder and that the system was working as it should, heating up and maintaining heat within the cylinder.
The electrician said; “I've been to this property three different times on three different days to check the hot water cylinder. The hot water cylinder was turned off by the ripple relay at all three occasions. On Thursday 6 March 2025 I moved the hot water cylinder circuit from the ripple circuit to normal power and communicated this to the customer. I explained to her that the hot water cylinder will permanently have power on it now with the thermostat controlling the temperature. Claimed that the ripple will have no effect on the temperature anymore and if the hot water cylinder does not run out of water now it means that 180L is big enough. I went back Monday 10 March 2025 in she advised me that it is better but that she needs until Wednesday 12 March 2025 to be sure”.
The tenant’s evidence today was that the change to the ripple circuit has improved her hot water supply.
The obligation on the landlord is to comply with all requirements in respect of building health and safety. The landlord has provided the tenant with a suitable and operational hot water cylinder. The landlord is not involved in any arrangements for the type of power supply to the premises. The type of supply is a matter between the tenant and the power supply company.
The ripple circuit is currently disconnected, but will need to be reconnected once the tenant makes a decision on the type of power supply which is most appropriate for her. Once again, that is a matter between the tenant and her power supply company.
For the reasons set out above, I do not consider that the landlord has been in breach of its responsibilities under the RTA, nor do I consider that a work order should be issued as there is no defect with the hot water cylinder. For those reasons the tenants application is dismissed.

Tenancy Tribunal case 5064128 — Healthy homes at 33 Otia Drive, Richmond, Richmond 7020

At a glance

Tenancy Tribunal case 5064128 — Healthy homes at 33 Otia Drive, Richmond, Richmond 7020

At a glance

Claims & awards

Order

Reasons

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Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions