Published tribunal order
Tenancy Tribunal case 4382260 — State of repair
Decided 8 Apr 2024 · Published 8 Apr 2024 · Application 4382260
- State of repair
- Healthy homes
Party names are redacted in the official published order.
Order
- The application for rehearing is granted.
- This Order is to be read in conjunction with the Tribunal’s order dated 31 October 2023.
- The order dated 31 October 2023 is amended by: (i)deleting the reference to application 4376261 and replacing it with the correct application number, being application 4404540; (ii)correcting the date in order 6 in which the reduced rental of $350.00 is backdated to, being 19 September 2022; (iii)adding to Order 2 that Xiaohe (Hollis) Yang must also pay [The tenant/s] $20.44, being the reimbursement of the filing fee for the second application (application 4382260).
- In all other respects, the order dated 31 October 2023 and the
Reasons
given remain unchanged. Reasons:
- Both parties attended the hearing held by teleconference.
- On 31 October 2023, the Tribunal made a work order and awarded [The tenant/s] compensation. It included an order (order 6) for rent reduction where the reduced rental of $350.00 per week was backdated to “19 September 2023 4382260, 44045402 (when the application concerning repairs and maintenance was filed with the Tribunal...”.
- On 8 November 2023, [The tenant/s] requested that the order be reviewed as there was a mistake in order 6 with regard to the date that reduced rent was to be backdated to (the date is out by 12 months) and also there were two filing fees paid. That request was treated as a rehearing application.
- Having reviewed the order made on 31 October 2023, I am satisfied there are administrative/typographical errors. This order corrects those errors.
- [The tenant/s] filed two applications to the Tribunal. The first application (application 4382260) was filed on 23 August 2022 and relates to [The tenant/s]’s claim for compensation due to the landlord’s failure to comply with obligations under section 45(1)(e) of the Residential Tenancies Act 1986 (“RTA”) to take all reasonable steps to ensure that none of the landlord’s other tenants causes or permits any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises. The second application (application 4404540) was filed on 19 September 2022 and relates to [The tenant/s]’s claim for compensation, rent reduction and a work order due to the landlord’s failure to comply with obligations under section 45(1)(b) RTA to provide and maintain the premises in a reasonable state of repair, to comply with healthy homes standards, to comply with all requirements in respect of all buildings, health, and safety under any enactment, including the Building Act and the Housing Improvement Regulations 1947.
- Therefore, the reference to application number 4376261 in the order dated 31 October 2023 is incorrect as this was the landlord’s application which had been previously dealt with by the Tribunal. The order is amended to reflect the correct application number, being application 4404540.
- As noted above, application 4404540 concerns [The tenant/s]’s claims regarding repairs and maintenance and the court records show this was filed on 19 September 2022, not 19 September 2023 as recorded in order 6 of the Tribunal’s order made on 31 October 2023. Therefore, the date in which the reduced rental of $350.00 was backdated to (order 6) is amended to reflect the correct date, being 19 September 2022.
- As [The tenant/s] filed two applications and has been substantially successful with both applications, it is reasonable that the other party reimburse the filing fee for both applications. The order made by the Tribunal on 31 October 2023 only ordered reimbursement of one application fee (for application 4382260). Accordingly, Order 2 is amended to also include an order for reimbursement of the filing fee for the second application 4404540.