The Tenancy Tribunal said there was public interest in denouncing the failure to comply with Healthy Homes regulations and awarding exemplary damages. Photo / 123RF
The Tenancy Tribunal said there was public interest in denouncing the failure to comply with Healthy Homes regulations and awarding exemplary damages. Photo / 123RF
A property management business has been fined after a North Shore rental property was found to breach Healthy Homes standards.
The Tenancy Tribunal made the award to the tenant who rented a home on Bryers Place, Bayview near Glenfield.
Hendo Holdings trading as Quinovic Property Management Takapuna was the agentfor landlord Hai Huang, the decision said.
The tenancy ran from April 2022 till last September.
At the end, the tenant applied to the tribunal complaining that the premises did not meet the Healthy Homes standards.
The tenant said that the landlord had misled them in relation to Healthy Homes compliance, failed to provide the necessary Healthy Homes information, failed to maintain the premises in a reasonable state of repair and that the premises was not reasonably clean at the beginning of the tenancy.
At the March hearing, the tenant sought compensation for initial move-in cleaning, extra electricity spent to heat the premises due to lack of insulation and having to have windows open while cooking to prevent smoke build-up.
Significant psychological and emotional stress due to health concerns, anxiety, inconvenience and loss of amenity were also cited.
Quinovic accepted that the premises did not comply with Healthy Homes standards within the required 90 days of the start of the tenancy.
The premises complied with the drainage and guttering and moisture barrier standards but failed on the heating, insulation, ventilation and draughts, the decision said.
Insulation had been “topped up” but only 19 months after the tenants had moved in.
The landlord’s agent explained that there was a delay due to the landlord’s ill health situation in getting permissions to do the work, the decision said.
There had been a panel heater in the rental originally but a heat pump was installed in late 2022.
Assessments of kitchen ventilation found a rangehood not feasible because of the structure of the house.
Kitchen ventilation standards were exempt.
Adjudicator J Yi ruled on May 15 that the tenant had substantially succeeded with the claim so Hendo Holdings trading as Quinovic Property Management Takapuna must pay the tenant $3500 for breaches of the Healthy Homes standards.
Further, the filing fee for the case of $27 must also be reimbursed.
Failing to comply with the standards was an unlawful act for which exemplary damages may be awarded up to a maximum of $7200, Yi noted.
The landlord had committed an unlawful act because the standards were fundamental to a healthy tenancy.
Quinovic Takapuna should have known better, Yi wrote.
“The landlord’s agent is a professional tenancy manager and should have ensured that the Healthy Homes standard was compliant by the due date,” Yi said.
Failure to provide reports on whether the home complied was intentional and that had a significant impact on the tenant.
“There is public interest in denouncing this and awarding exemplary damages. I order the landlord to pay the tenant $3500 in exemplary damages for failing to meet healthy home standards. This includes the lack of information provided to the tenant,” Yi said.
From July 1, all New Zealand rental properties must fully comply with Healthy Homes standards.
Parrish Wong, Quinovic’s group office chief executive, said each office was independently owned and operated.
But the franchisor took such matters seriously and was working with the Takapuna office.
“We acknowledge and respect the decision of the Tenancy Tribunal and confirm that the exemplary damages awarded to the tenant have been paid,” Wong said.
Anne Gibson has been the Herald‘s property editor for 25 years, written books and covered property extensively here and overseas.
