Wellington landlord who intentionally rented out cold draughty flat to pay damages
Tuesday, 14 July 2026
A Wellington landlord rented out a flat knowing it was cold, draughty and lacked basic Healthy Homes requirements including fixed heating, insulation and extractor fans, according to a Tenancy Tribunal ruling.
The tribunal has ordered landlord Eva Bissielo and building owner Jpt Properties Ltd to pay the tenant, whose name is suppressed, $4778 in exemplary damages and costs after finding they intentionally breached multiple obligations under the Residential Tenancies Act.
Adjudicator Kristen Koller found that the upstairs flat in Kilbirnie, above commercial premises, lacked ceiling insulation, extractor fans and fixed heating in its largest room, and was “most likely draughty”.
The owner acknowledged the property did not comply with the Healthy Homes Standards, while the tribunal found both the owner and landlord knew of the shortcomings before renting it out.
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“The landlord committed an unlawful act …The owner and the landlord knew about the HHS and knew the flat did not comply. I find they acted intentionally,” Koller said.
The tenant told the hearing the flat was “very cold and draughty”, making it difficult to sleep.
In the decision, Koller said tenants “should be able to rent warm houses” and that there was a public interest in imposing penalties when landlords ignored their legal obligations.
It awarded $2000 in exemplary damages for the Healthy Homes breaches.
The tribunal also ordered another $2000 in damages after finding Bissielo intentionally issued the tenant with an unlawful notice requiring him to leave within 14 days.
Bissielo told the hearing she gave the notice because of a conflict between flatmates, believed the tenant had already decided to move out, and wanted to restore peace after feeling threatened by his requests.
The tribunal accepted the notice had caused the tenant significant stress.
“Tenants should be able to raise issues with their landlords without fear of the tenancy being terminated,” the decision said.
The tribunal found the Residential Tenancies Act did not allow landlords to end a tenancy by giving 14 days' notice.
Further exemplary damages of $500 were awarded after the tribunal found the landlord also intentionally failed to lodge the tenant's bond with the Bond Centre within the required time frame.
Koller rejected Bissielo's explanation she had mainly managed short-term holiday accommodation and believed lodging the bond was unnecessary, saying it was such a basic requirement that she most likely knew it had to be done.
A further $250 was awarded because the tenancy agreement did not include the mandatory Healthy Homes compliance statement, meaning the tenant signed the agreement without full knowledge the property failed to meet the standards.
The tribunal dismissed several other claims, including that the landlord had failed to ensure the tenant's quiet enjoyment after complaints about noisy neighbours, finding the issue was resolved by asking the neighbouring tenant to move out.
The tribunal also declined to award damages after the building owner entered the property without notice, finding the tenant had deliberately been playing loud music at the time, which was a mitigating factor.