The headline finding
The most important takeaway for landlords is that Healthy Homes compliance has shifted from a regulatory obligation to an active litigation risk. Most enforcement is no longer coming from government inspections. It is coming directly from tenants, who initiated 77% of the cases reviewed.
Once a dispute reaches the Tribunal, the odds are not favourable for landlords. In cases where Healthy Homes compliance was the main issue, landlords lost 73% of the time. For heating and ventilation claims, landlords lost every primary claim identified in the study.
of reviewed cases were initiated by tenants
landlord loss rate when compliance was the main issue
landlord loss rate where several deficiencies existed
The most surprising findings
1
Having a Healthy Homes assessment can increase liability if you ignore it
Perhaps the most important finding in the report is that obtaining an assessment and failing to act on its recommendations may be viewed more seriously than never obtaining one at all. The Tribunal frequently treated an existing assessment as evidence that the landlord knew about a problem and chose not to remedy it.
Practical implication: If a report identifies deficiencies, treat remediation as urgent. An unresolved assessment report may later become evidence against the landlord.
2
Documentation matters as much as the property itself
The report concludes that Tribunal outcomes were often driven by records and paperwork, not solely by the physical condition of the property. Successful landlords almost always had strong documentation and communication records. Unsuccessful landlords commonly had incomplete, inaccurate or missing records.
Practical implication: Retain assessments, certificates, invoices, installation and maintenance records, photographs, tenant communications and updated compliance statements.
3
Old compliance reports are becoming a risk
Where the age of a Healthy Homes assessment became an issue in a case, adverse outcomes increased significantly.
Practical implication: A report obtained several years ago should not be treated as permanent proof of compliance.
4
Property managers face a higher standard
The Tribunal regularly treated the involvement of a professional property manager as an aggravating factor, rather than a defence, when considering intentional breaches.
What drives the biggest Tribunal losses?
- Multiple failures compound the risk. Properties with several Healthy Homes deficiencies performed particularly poorly, with an 85% landlord loss rate.
- Financial penalties are common. The average award was approximately $4,154, the median was $2,700 and the largest award exceeded $31,000.
- Rent arrears disputes can backfire. Tenants frequently respond to rent arrears applications with Healthy Homes counterclaims, potentially offsetting some or all of the rent recovery.
Five actions landlords should take now
- Act on every Healthy Homes assessment.
- Treat heating and ventilation as priority risks.
- Refresh older assessments.
- Build and maintain a strong documentation trail.
- Address tenant complaints early.
Bottom line
The report suggests that the greatest Healthy Homes risk in 2026 is not necessarily the existence of a defect. The bigger problem is a landlord’s inability to show that they identified, documented and fixed it promptly.
For landlords seeking to avoid Tribunal action, the formula is straightforward: assess, fix, document and retain the evidence.
Source: Healthy Homes Standards Enforcement Report 2026 (MiHT), analysing 348 Tenancy Tribunal decisions between January and May 2026.