What was the outcome of Tenancy Tribunal case 5271300?

The tribunal order states: W Thompson And Company Limited must pay Ricky Mason $527.00

How much money was awarded in case 5271300?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5271300?

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

Where can I read the official tribunal order for case 5271300?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12048368-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5271300?

The tribunal order states: W Thompson And Company Limited must pay Ricky Mason $527.00

How much money was awarded in case 5271300?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5271300?

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

Where can I read the official tribunal order for case 5271300?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12048368-Tenancy_Tribunal_Order.pdf.

66 Centre Street, Strathern, Invercargill 9812 Tenancy Tribunal Case 5271300 — Healthy homes

Reasons

Both parties attended the hearing. Mr Mason had a support person who was previously named as a tenant and remained as a boarder and another non speaking support person.

Mr Mason 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). Ricky Mason considers that the landlord has failed to comply with the HHS draught stopping standard.

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. b. All boarding houses must comply by 1 July 2021. c. All houses rented by Kāinga Ora and registered Community Housing Providers must comply by 1 July 2024.

This tenancy commenced on the 29 October 2021 and therefore the compliance was required by 28 th January 2022.

The draught stopping standard requires that residential premises be free from unreasonable gaps and holes that are not an intentional part of the building, which allow draughts to arise.

The HHS does provide exemptions in specific circumstances.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A).

In this case I have determined that there was a breach.

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 interest of the other party, and the public interest. See section 109(3) RTA.

Considering those factors, I have determined that an appropriate award of $500.00 should be made.

There had been a number of property managers during the term of this tenancy. Together with the COVID lock down periods. The evidence submitted is that the first time it appears that work was carried out on the windows was an invoice dated 23 May 2024. Far from the required time frame. This was the only issue that remained outstanding, the home complied with all other requirements.

I am told that the work carried out in May would have made the property compliant, yet it failed again as detailed in the report dated January 2025. I am not satisfied on the evidence that this would in fact have made the home compliant. In any event, the work has just recently been completed as the latest report dated 24 June 2025 shows compliant. This is some time after the required period.

The respondent submit that other work was completed to make it a comfortable home, however the tenants claim that the issue of the draught was mentioned constantly. They in fact moved from this home on 5 June 2025.

There was a significant delay in having the home bought up to the level required in relation to all aspects. I have taken into consideration the submissions made and supporting evidence and make an order for this breach accordingly. Given the tenants were successful I have also award them the filing fee. The same property owner has moved the tenants into another of her properties and the relationship remains positive.

Order

W Thompson And Company Limited must pay Ricky Mason $527.00 immediately.

Reasons

Both parties attended the hearing. Mr Mason had a support person who was previously named as a tenant and remained as a boarder and another non speaking support person.
Mr Mason 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). Ricky Mason considers that the landlord has failed to comply with the HHS draught stopping standard.
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. b. All boarding houses must comply by 1 July 2021. c. All houses rented by Kāinga Ora and registered Community Housing Providers must comply by 1 July 2024.
This tenancy commenced on the 29 October 2021 and therefore the compliance was required by 28 th January 2022.
The draught stopping standard requires that residential premises be free from unreasonable gaps and holes that are not an intentional part of the building, which allow draughts to arise.
The HHS does provide exemptions in specific circumstances.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A).
In this case I have determined that there was a breach.
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 interest of the other party, and the public interest. See section 109(3) RTA.
Considering those factors, I have determined that an appropriate award of $500.00 should be made.
There had been a number of property managers during the term of this tenancy. Together with the COVID lock down periods. The evidence submitted is that the first time it appears that work was carried out on the windows was an invoice dated 23 May 2024. Far from the required time frame. This was the only issue that remained outstanding, the home complied with all other requirements.
I am told that the work carried out in May would have made the property compliant, yet it failed again as detailed in the report dated January 2025. I am not satisfied on the evidence that this would in fact have made the home compliant. In any event, the work has just recently been completed as the latest report dated 24 June 2025 shows compliant. This is some time after the required period.
The respondent submit that other work was completed to make it a comfortable home, however the tenants claim that the issue of the draught was mentioned constantly. They in fact moved from this home on 5 June 2025.
There was a significant delay in having the home bought up to the level required in relation to all aspects. I have taken into consideration the submissions made and supporting evidence and make an order for this breach accordingly. Given the tenants were successful I have also award them the filing fee. The same property owner has moved the tenants into another of her properties and the relationship remains positive.

Tenancy Tribunal case 5271300 — Healthy homes at 66 Centre Street, Strathern, Invercargill 9812

At a glance

Tenancy Tribunal case 5271300 — Healthy homes at 66 Centre Street, Strathern, Invercargill 9812

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