Southland company directors to pay exemplary damages, compensation for breaches of the Residential Tenancies Act.
A Southland landlord has been ordered to pay $21,319.44 to the Ministry of Business, Innovation and Employment (MBIE), on behalf of four tenants affected by multiple breaches of the Residential Tenancies Act 1986 (the Act).
MBIE’s Tenancy Compliance and Investigations Team (TCIT) launched an investigation into a Mataura property with multiple flats owned by Hillis Shearing Limited and its directors, William and Sharon Hillis, after receiving a complaint in March 2022.
Investigators described one of the flats as badly neglected and among the worst they had ever seen. Multiple issues were identified across the tenancies, including a leak in the ceiling, a missing ceiling in a bathroom, rotten or missing wallboards, damaged or boarded up windows, walls with large gaps and holes, a lack of ceiling and underfloor insulation and missing smoke alarms.
Investigators were also told the landlord either failed to respond to requests for maintenance or advised the tenants to do it themselves.
Insulation in rental properties
Ceiling and underfloor insulation has been compulsory in all rental homes since 1 July 2019.
The healthy homes insulation standard builds on the current regulations and some existing insulation will need to be topped up or replaced.
Between 1 July 2021 and 1 July 2025, all private rentals must comply with the healthy homes standards within certain timeframes from the start of any new, or renewed, tenancy.
Healthy homes insulation standard
Smoke alarms in rental properties
Working smoke alarms or detectors are compulsory in all rental homes. New smoke alarms must be photoelectric and have a long battery life, or be hard-wired.
Landlords must ensure smoke alarms:
- are working at the start of each new tenancy
- remain in working order during the tenancy.
Tenants must:
- not damage, remove, or disconnect a smoke alarm
- replace dead batteries during the tenancy if there are older-style smoke alarms with replaceable batteries
- let the landlord know if there are any problems with the smoke alarms as soon as possible.
Smoke alarms in rental properties
Tenancy Tribunal decision
The Tenancy Tribunal decision from April 2024 can be found on the Tenancy Tribunal website.
Tenancy Tribunal(external link) — Ministry of Justice
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