What was Tenancy Tribunal case 5484249 about?

The tribunal order states: Advantage Realty Limited as Agent for Chiu Liang Rachel Marsh are to remove all of

How much money was awarded in case 5484249?

Compensation: Breach of HHS standard…: $300.00 awarded to tenant; Cleaning: $40.00 awarded to tenant; Compensation: Loss Of Amenity: $135.00 awarded to tenant; Property Damage: $500.00 awarded to tenant; Property Damage: $500.00 awarded to tenant; Property Damage: $500.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5484249?

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

Where can I read the official tribunal order for case 5484249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13759178-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5484249 about?

The tribunal order states: Advantage Realty Limited as Agent for Chiu Liang Rachel Marsh are to remove all of

How much money was awarded in case 5484249?

Compensation: Breach of HHS standard…: $300.00 awarded to tenant; Cleaning: $40.00 awarded to tenant; Compensation: Loss Of Amenity: $135.00 awarded to tenant; Property Damage: $500.00 awarded to tenant; Property Damage: $500.00 awarded to tenant; Property Damage: $500.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5484249?

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

Where can I read the official tribunal order for case 5484249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13759178-Tenancy_Tribunal_Order.pdf.

2 Ashgrove Place, Ohauiti, Tauranga 3112 Tenancy Tribunal Case 5484249 — Healthy homes

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2 Ashgrove Place, Ohauiti, Tauranga 3112 Tenancy Tribunal Case 5484249 — Healthy homes | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5484249 — net $2,003.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Cleaning	$40.00	Cleaning
Compensation: Loss of amenity	$135.00	Loss of amenity
Compensation: Breach of HHS standards	$300.00	Breach of HHS standards
Exemplary damages: Failure to maintain, HHS	$500.00	Failure to maintain, HHS
Exemplary damages: Healthy Homes Statement	$500.00	Healthy Homes Statement
Exemplary damages: Insurance statement	$500.00	Insurance statement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,003.00
Total payable by Landlord to Tenant	$2,003.00

Claims and awards for application 5484249 — net $2,003.00 NZD. Verify on MoJ.

Compensation: Cleaning

Amount: $40.00
Awarded to: Tenant
Reason: Cleaning

Compensation: Loss of amenity

Amount: $135.00
Awarded to: Tenant
Reason: Loss of amenity

Compensation: Breach of HHS standards

Amount: $300.00
Awarded to: Tenant
Reason: Breach of HHS standards

Exemplary damages: Failure to maintain, HHS

Amount: $500.00
Awarded to: Tenant
Reason: Failure to maintain, HHS

Exemplary damages: Healthy Homes Statement

Amount: $500.00
Awarded to: Tenant
Reason: Healthy Homes Statement

Claim types — money lines allowed on this order

Compensation Cleanliness Exemplary damages Filing Fee

Order

Advantage Realty Limited as Agent for Chiu Liang Rachel Marsh are to remove all of the owner’s belongings/items from the premises within 14 days of the date of this order, excluding the following: Entrance 1 side cabinet Family room 1 x 3-seater couch 2 cane chairs Lounge/Dining 1 hexagon glass coffee table 1 dining table 6 chairs
Advantage Realty Limited As Agent For Chiu Liang Rachel Marsh must pay Zoey Dickson and Amber Pinder $2,003.00 immediately, as shown in table below.

Reasons

Both parties attended the hearing.
This is a fixed term tenancy which commenced on 2 January 2026 and is due to run until 31 January 2027.
The tenant is seeking the following: -Removal of the landlord’s furniture and belongings and/or $50.00 rent reduction per week for the tenancy. -$280.00 for cleaning. -$300.00 for breach of healthy homes standards. -Exemplary damages for lack of maintenance and failure to comply with healthy homes standards. - Exemplary damages for a false or misleading healthy homes statement. - Exemplary damages for failure to provide insurance statement.
Both parties attended the hearing.
The onus is on the tenant to prove her claims on the balance of probabilities.
The issues to be decided are as follows: -What was agreed about the landlord’s furniture and belongings? -Did the landlord fail to provide the premises in a reasonable state of cleanliness? -Did the landlord fail to provide the premises in a reasonable state of repair and compliant with healthy homes standards? -Did the landlord provide a false or misleading healthy homes statement? -Did the landlord fail to provide an insurance statement? What was agreed about the landlord’s furniture and belongings?
The tenant wants all of the landlord’s furniture and personal belongings removed from the premises and/or a rent reduction of $50.00 per week. The tenant says these items were not listed on the tenancy agreement.
The premises was advertised as, “Partly furnished: Dining table & chairs, casual lounge settee and more.” This is consistent with the advertising photographs provided. I accept the evidence of the landlord that she pointed out all of the furniture which was to remain at the premises at the viewings. I therefore find that this was agreed before the tenants signed the agreement and moved in.
However, I also find that the landlord left behind other belongings and smaller items which were not part of the agreement and were not removed until 2 February. This took up all of space in the storage cupboards in the garage and some space along a side wall which has led to a loss of amenity for the tenant. I assess this loss as $135.00 which is calculated as $30.00 per week for 4.5 weeks.
I order the removal of all remaining furniture and belongings except those items listed above which are to remain at the premises.

Did the landlord fail to provide the premises in a reasonable state of cleanliness?

The tenant claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must provide the premises in a reasonable state of cleanliness.
The landlord provided an invoice for cleaning that was carried out about a month before the tenants moved in. They accept that some items have been missed but they do not believe 8 hours of cleaning is justified. The landlord has already paid $200.00 to the tenants as compensation for cleaning.
I find that the premises was not up to a reasonably clean standard based on the evidence provided by the tenant and photographs provided. The tenant is seeking 8 hours of cleaning at $40.00 per hour.
I find that the number of hours claimed is reasonable given that this includes removing the landlord’s belongings to the storage cupboards and the inevitable additional cleaning involved.
I find that $30.00 per hour is fair and reasonable and proportionate for a total of $240.00. As the landlord has already paid $200.00, I award an additional $40.00 compensation. Did the landlord fail to provide the premises in a reasonable state of repair and compliant with healthy homes standards?
The tenant is seeking $300.00 for lack of healthy homes compliance, and exemplary damages.
Under section 45 RTA, a landlord must provide and maintain the premises in a reasonable state of repair and comply with the health homes standards.
Breaching any of these 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.
The landlord does not dispute that the premises was not healthy homes compliant at the start of the tenancy in respect of heating, ceiling insulation, and draught stopping. This was rectified by 11 February 2026. The landlord says that the electrical issues, kitchen tap, and gutters, have all been attended to, and would not have been immediately obvious from the previous inspection.
While I acknowledge that no property is perfect and some maintenance issues are to be expected, I find that the premises was not provided in a reasonable state of repair, and it was not healthy homes compliant.
I find the landlord has committed an unlawful act.
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. See section 109(3) Residential Tenancies Act 1986.
The landlord says they were not aware that the healthy homes work had not been done before this tenancy started, but this should have been checked by them as part of their own due diligence. I find that the accumulation of issues has breached the tenant’s quiet enjoyment of the premises and caused unnecessary stress and inconvenience.
I award $300.00 compensation as claimed for the healthy homes breaches (lack of heating, insulation and draught stopping), and $500.00 exemplary damages (at the low end of the scale).

Did the landlord provide a false or misleading healthy homes statement?

The tenant is seeking $850.00 for the landlord providing a false or misleading healthy homes statement.
In accordance with section 13(1CA) RTA, the landlord must include a statement in the tenancy agreement detailing the property's current level of compliance for heating, insulation, ventilation, moisture ingress/drainage, and draught stopping.
The landlord commits an unlawful act if the statement includes anything that the landlord knows to be false or misleading.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $900.00. See section 13A(1F)(b) and Schedule 1A Residential Tenancies Act 1986.
The tenant noticed the heat requirement did not appear to be correct on the statement as a wall heater was noted as installed but there was no wall heater. The tenant later found out that the insulation and draught stopping were not compliant either. All of these matters were noted as assessed on 30 November 2020, and signed off on 20 December 2025.
The landlord says they made a genuine mistake, and they did not knowingly provide a false or misleading statement. They assumed that all the required work had already been done as they had been sent an invoice by their contractor.
I find that the landlord has committed an unlawful act.
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.
I consider that an award of exemplary damages is appropriate as the landlord knew the premises was not compliant but provided a statement to the contrary.
Considering all of the above factors, I award exemplary damages of $500.00.

Did the landlord fail to provide an insurance statement?

Under section 13(2) RTA, the landlord must include in the tenancy agreement a statement about insurance. If the premises are not insured, a statement that they are not insured; and if the premises are insured, a statement setting out, for each insurance policy that is relevant to the tenant’s liability for destruction of or damage to the premises, the amount of each excess that is relevant (if any) to that liability; and informing the tenant that a copy of the policy is available to the tenant on request.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $750.00. See section 13(2) and Schedule 1A Residential Tenancies Act 1986.
The landlord does not dispute that a statement was not provided, and they marked this section of the tenancy agreement ‘TBC’. The landlord stated at the hearing that the landlord has only just confirmed they do not have any insurance for the premises.
I find that the landlord has committed an unlawful act.
I consider that an award of exemplary damages is appropriate as the landlord was aware of their obligations to provide up to date insurance information but failed to do so. This is not a conditional obligation but a mandatory one, and there is a high public interest in ensuring that landlords fulfil their obligations under the Act. It is important for tenants to know the limits of their financial liability for careless damage from the outset.
Considering all of the factors in section 109(3), I award $500.00 exemplary damages. Filing fee
As the tenant has partly succeeded with the claim, the landlord must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5484249 — net $2,003.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Cleaning	$40.00	Cleaning
Compensation: Loss of amenity	$135.00	Loss of amenity
Compensation: Breach of HHS standards	$300.00	Breach of HHS standards
Exemplary damages: Failure to maintain, HHS	$500.00	Failure to maintain, HHS
Exemplary damages: Healthy Homes Statement	$500.00	Healthy Homes Statement
Exemplary damages: Insurance statement	$500.00	Insurance statement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,003.00
Total payable by Landlord to Tenant	$2,003.00

Claims and awards for application 5484249 — net $2,003.00 NZD. Verify on MoJ.

Compensation: Cleaning

Amount: $40.00
Awarded to: Tenant
Reason: Cleaning

Compensation: Loss of amenity

Amount: $135.00
Awarded to: Tenant
Reason: Loss of amenity

Compensation: Breach of HHS standards

Amount: $300.00
Awarded to: Tenant
Reason: Breach of HHS standards

Exemplary damages: Failure to maintain, HHS

Amount: $500.00
Awarded to: Tenant
Reason: Failure to maintain, HHS

Exemplary damages: Healthy Homes Statement

Amount: $500.00
Awarded to: Tenant
Reason: Healthy Homes Statement

Claim types — money lines allowed on this order

Compensation Cleanliness Exemplary damages Filing Fee

Order

Advantage Realty Limited as Agent for Chiu Liang Rachel Marsh are to remove all of the owner’s belongings/items from the premises within 14 days of the date of this order, excluding the following: Entrance 1 side cabinet Family room 1 x 3-seater couch 2 cane chairs Lounge/Dining 1 hexagon glass coffee table 1 dining table 6 chairs
Advantage Realty Limited As Agent For Chiu Liang Rachel Marsh must pay Zoey Dickson and Amber Pinder $2,003.00 immediately, as shown in table below.

Reasons

Both parties attended the hearing.
This is a fixed term tenancy which commenced on 2 January 2026 and is due to run until 31 January 2027.
The tenant is seeking the following: -Removal of the landlord’s furniture and belongings and/or $50.00 rent reduction per week for the tenancy. -$280.00 for cleaning. -$300.00 for breach of healthy homes standards. -Exemplary damages for lack of maintenance and failure to comply with healthy homes standards. - Exemplary damages for a false or misleading healthy homes statement. - Exemplary damages for failure to provide insurance statement.
Both parties attended the hearing.
The onus is on the tenant to prove her claims on the balance of probabilities.
The issues to be decided are as follows: -What was agreed about the landlord’s furniture and belongings? -Did the landlord fail to provide the premises in a reasonable state of cleanliness? -Did the landlord fail to provide the premises in a reasonable state of repair and compliant with healthy homes standards? -Did the landlord provide a false or misleading healthy homes statement? -Did the landlord fail to provide an insurance statement? What was agreed about the landlord’s furniture and belongings?
The tenant wants all of the landlord’s furniture and personal belongings removed from the premises and/or a rent reduction of $50.00 per week. The tenant says these items were not listed on the tenancy agreement.
The premises was advertised as, “Partly furnished: Dining table & chairs, casual lounge settee and more.” This is consistent with the advertising photographs provided. I accept the evidence of the landlord that she pointed out all of the furniture which was to remain at the premises at the viewings. I therefore find that this was agreed before the tenants signed the agreement and moved in.
However, I also find that the landlord left behind other belongings and smaller items which were not part of the agreement and were not removed until 2 February. This took up all of space in the storage cupboards in the garage and some space along a side wall which has led to a loss of amenity for the tenant. I assess this loss as $135.00 which is calculated as $30.00 per week for 4.5 weeks.
I order the removal of all remaining furniture and belongings except those items listed above which are to remain at the premises.

Did the landlord fail to provide the premises in a reasonable state of cleanliness?

The tenant claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
Under section 45, a landlord must provide the premises in a reasonable state of cleanliness.
The landlord provided an invoice for cleaning that was carried out about a month before the tenants moved in. They accept that some items have been missed but they do not believe 8 hours of cleaning is justified. The landlord has already paid $200.00 to the tenants as compensation for cleaning.
I find that the premises was not up to a reasonably clean standard based on the evidence provided by the tenant and photographs provided. The tenant is seeking 8 hours of cleaning at $40.00 per hour.
I find that the number of hours claimed is reasonable given that this includes removing the landlord’s belongings to the storage cupboards and the inevitable additional cleaning involved.
I find that $30.00 per hour is fair and reasonable and proportionate for a total of $240.00. As the landlord has already paid $200.00, I award an additional $40.00 compensation. Did the landlord fail to provide the premises in a reasonable state of repair and compliant with healthy homes standards?
The tenant is seeking $300.00 for lack of healthy homes compliance, and exemplary damages.
Under section 45 RTA, a landlord must provide and maintain the premises in a reasonable state of repair and comply with the health homes standards.
Breaching any of these 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.
The landlord does not dispute that the premises was not healthy homes compliant at the start of the tenancy in respect of heating, ceiling insulation, and draught stopping. This was rectified by 11 February 2026. The landlord says that the electrical issues, kitchen tap, and gutters, have all been attended to, and would not have been immediately obvious from the previous inspection.
While I acknowledge that no property is perfect and some maintenance issues are to be expected, I find that the premises was not provided in a reasonable state of repair, and it was not healthy homes compliant.
I find the landlord has committed an unlawful act.
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. See section 109(3) Residential Tenancies Act 1986.
The landlord says they were not aware that the healthy homes work had not been done before this tenancy started, but this should have been checked by them as part of their own due diligence. I find that the accumulation of issues has breached the tenant’s quiet enjoyment of the premises and caused unnecessary stress and inconvenience.
I award $300.00 compensation as claimed for the healthy homes breaches (lack of heating, insulation and draught stopping), and $500.00 exemplary damages (at the low end of the scale).

Did the landlord provide a false or misleading healthy homes statement?

The tenant is seeking $850.00 for the landlord providing a false or misleading healthy homes statement.
In accordance with section 13(1CA) RTA, the landlord must include a statement in the tenancy agreement detailing the property's current level of compliance for heating, insulation, ventilation, moisture ingress/drainage, and draught stopping.
The landlord commits an unlawful act if the statement includes anything that the landlord knows to be false or misleading.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $900.00. See section 13A(1F)(b) and Schedule 1A Residential Tenancies Act 1986.
The tenant noticed the heat requirement did not appear to be correct on the statement as a wall heater was noted as installed but there was no wall heater. The tenant later found out that the insulation and draught stopping were not compliant either. All of these matters were noted as assessed on 30 November 2020, and signed off on 20 December 2025.
The landlord says they made a genuine mistake, and they did not knowingly provide a false or misleading statement. They assumed that all the required work had already been done as they had been sent an invoice by their contractor.
I find that the landlord has committed an unlawful act.
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.
I consider that an award of exemplary damages is appropriate as the landlord knew the premises was not compliant but provided a statement to the contrary.
Considering all of the above factors, I award exemplary damages of $500.00.

Did the landlord fail to provide an insurance statement?

Under section 13(2) RTA, the landlord must include in the tenancy agreement a statement about insurance. If the premises are not insured, a statement that they are not insured; and if the premises are insured, a statement setting out, for each insurance policy that is relevant to the tenant’s liability for destruction of or damage to the premises, the amount of each excess that is relevant (if any) to that liability; and informing the tenant that a copy of the policy is available to the tenant on request.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $750.00. See section 13(2) and Schedule 1A Residential Tenancies Act 1986.
The landlord does not dispute that a statement was not provided, and they marked this section of the tenancy agreement ‘TBC’. The landlord stated at the hearing that the landlord has only just confirmed they do not have any insurance for the premises.
I find that the landlord has committed an unlawful act.
I consider that an award of exemplary damages is appropriate as the landlord was aware of their obligations to provide up to date insurance information but failed to do so. This is not a conditional obligation but a mandatory one, and there is a high public interest in ensuring that landlords fulfil their obligations under the Act. It is important for tenants to know the limits of their financial liability for careless damage from the outset.
Considering all of the factors in section 109(3), I award $500.00 exemplary damages. Filing fee
As the tenant has partly succeeded with the claim, the landlord must reimburse the filing fee.

Tenancy Tribunal case 5484249 — Healthy homes at 2 Ashgrove Place, Ohauiti, Tauranga 3112

At a glance

Tenancy Tribunal case 5484249 — Healthy homes at 2 Ashgrove Place, Ohauiti, Tauranga 3112

At a glance

Award balance

Claims & awards

Order

Reasons

Did the landlord fail to provide the premises in a reasonable state of cleanliness?

Did the landlord provide a false or misleading healthy homes statement?

Did the landlord fail to provide an insurance statement?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the landlord fail to provide the premises in a reasonable state of cleanliness?

Did the landlord provide a false or misleading healthy homes statement?

Did the landlord fail to provide an insurance statement?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions