Tenant Wins Compensation for Heating Failure and Loss of Amenity

__________________________________________________________________________________ 5092428 1

[2025] NZTT 5092428

TENANCY TRIBUNAL AT NELSON | TE TARAIPIUNARA RETIHANGA KI WHAKATŪ

APPLICANT: [redacted]

Tenant

RESPONDENT: [redacted]

Landlord

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [COMPANY] T/A [NAME] must pay [NAME] and [NAME] $2,107.00 immediately, calculated as shown in table below:

Description Landlord Tenant Compensation: Failure to maintain $1,680.00 Compensation: Quiet enjoyment/loss of amenity $400.00 Filing fee reimbursement $27.00 Total award $2,107.00 Total payable by Landlord to Tenant $2,107.00

__________________________________________________________________________________ 5092428 2

Reasons:

1. Both parties attended the hearing. Due to the unexpected closure of Nelson District Court the hearing was conducted via video conference.

2. The tenants sought compensation orders relating to Healthy Homes standards/failure to maintain and for loss of amenity/quiet enjoyment.

3. As with any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That means that it is for the party bringing the application to establish their claims “on the balance of probabilities.” That means that in this case, the tenant must establish that what they are claiming is more likely than not.

4. While I may not have referred to all the evidence presented at the hearing, the parties can be assured that it has all been considered.

5. By accepting the evidence of one person over that of another person, do not infer that I do not believe the first person’s evidence, only that the evidence of the other person is more likely and may be supported by other evidence that makes it more likely.

Background

6. This tenancy formed remotely as the tenants were living overseas prior. It commenced 16 June 2025 although their physical move-in date was later. They intend to move back overseas before the fixed-term tenancy ends.

7. The premises had been marketed for sale prior but it was withdrawn and this fully-furnished tenancy agreement entered into.

8. This is a quality house in a prime area. The listing photos reflected that, with the [NAME]’ possessions in place rather than any special staging for marketing purposes.

9. The tenants were less than happy with the condition on entry but that (apart from the issues traversed below) and any possible market rent claim are not the subject of this application, lodged some six months into the tenancy term.

Did the landlord fail to maintain and meet the HHS requirements?

10. It is well settled that, the landlord’s obligation under s 45 RTA is to investigate and repair a defect brought to its attention within a timeframe which is reasonable in the circumstances, and as to what that time is, depends on the gravity of the problem but also on the objective attempts made by the landlord to investigate, and put right, whatever the problem might be.

__________________________________________________________________________________ 5092428 3

11. Furthermore, a tenant has a statutory duty to advise of any defects under section 40(1)(d) RTA. Therefore, a tenant should promptly notify a landlord of any defects and a landlord should be given a reasonable opportunity to remedy the defect before being liable for any failure to do so.

12. The landlord failed to adhere to the 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). In this instance the rental must comply within 120 days of the commencement of the tenancy.

13. 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).

14. A HHS Report was completed after the 120 days (171 days) and identified a number of failures. These were addressed. The most significant issue claimed by the tenants and confirmed in the report was the lack of heating in the main living area. The other HHS failures identified had not been raised as specific issues by the tenants but the failures would more than likely have compounded the impact of the failure in the heating

15. No applicable exemplary damages were sought in the application.

16. The landlord accepted the failure to meet the timeframe for an HHS report.

17. The heating standard requires landlords to provide one or more ‘qualifying heaters’, with a capacity to heat the room to a required level. The heating standard defines what a qualifying heater would be and confirms that certain types of heaters are unacceptable heaters for the purpose of the HHS. The installed heater meets the requirement. The performance of it was the problem.

18. The main feature of the eventual HHS report was that it confirmed what the tenants had previously stated. Interference with the ducting meant the main living area was not getting heated due to reduced airflow.

19. While the landlord submitted the problem had not been raised, I prefer the tenants recounting of such notice as more likely. I consider it was raised and not resolved. I have allowed the landlord some slack for the HHS reporting failure as the landlord cited personal circumstances that led to that failure. I must also consider the same circumstances meant prompt and appropriate attention to the heating issue might have not occurred.

20. The tenants arrived to a Nelson winter from a northern summer. The lack of heating will have exacerbated the impact of the seasonal adjustment required of them. I accept the tenants’ purchased their own heaters, incurring a cost in the purchase as well as the ongoing higher cost of usage, versus the more efficient ducted heat pump, when working.

__________________________________________________________________________________ 5092428 4

21. I have determined the landlord failed to maintain the heating system and consider it more than likely the tenants advised of the problem. Regardless, prompt arrangement of the HHS assessment and report would have identified the problem sooner.

22. I have calculated compensation on the basis of 12 weeks (allowing for the seasonal demand for heating) and set a daily compensation rate of $20.00. This totals $1,680.00 and that sum feels reasonable overall, allowing for the impact on the tenants and extra costs they incurred.

Loss of amenity/quiet enjoyment

23. The tenancy came fully furnished. There was healthy discussion during the hearing about what “fully furnished” constitutes in such a residential tenancy. A direct comparison with short-term accommodation providers is inappropriate at both a cost and service level of comparison.

24. What was apparent was that the landlord removed a bed from one bedroom that was clearly shown in the photos. The explanation was that the [NAME] has assumed the tenants would not want that and removed it. The tenants purchased a bed and have used that as a guest bedroom during the tenancy.

25. The second point of contention was the swap out of the photographed lounge furniture with the in-situ replacement discovered upon entry. It was considered less than like for like. No explanation for the replacement was provided.

26. There were other issues recounted by the tenants but to be fair, these have been addressed. The demarcation of gardening responsibilities was not clearly understood and I consider the [NAME] stance was incorrect. I believe that has since been clarified and is now mutually understood.

27. Section 38 RTA provides the tenants shall be entitled to have quiet enjoyment of the premises without interruption by the landlord. I consider the tenant quiet enjoyment has been impacted by direct owner interaction and suggestions/demands regarding gardening required, and the loss of amenity through the removal or replacement of key furnishing.

28. In terms of compensation, having considered the overall events and impacts on the tenants, I have settled on a compensation payment of $400.00.

Filing fee

29. [NAME] and [NAME] have substantially succeeded with the claim I have reimbursed the filing fee.

__________________________________________________________________________________ 5092428 5

M Brennan

13 March 2025

Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.

Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.

You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf

Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals

Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.

Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/

__________________________________________________________________________________ 5092428 6

If you require further help or information regarding this matter, visit [NAME]/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].

Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi [NAME]/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.

https://www.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/disputes/enforcing-decisions/

Reasons: