Published tribunal order
Tenancy Tribunal case 4514266 — Leaks at 40A Ormsby Lane, Omanawa, Omanawa 3171
Decided 28 Sept 2023 · Published 28 Sept 2023 · Application 4514266
- Leaks
- Healthy homes
- Exemplary damages
Party names are redacted in the official published order.
Order
- The Tribunal orders suppression of the Tenant’s name and identifying details.
- The landlord’s application for a rehearing is granted to the extent set out on this order.
- The Order of 27 June 2023 is set aside and replaced with these orders below.
Reasons
- Only the landlord attended today’s hearing to consider the landlord’s application for a rehearing.
- On 27 June 2023 I ordered the landlord to pay the tenants compensation and exemplary damages totalling $1,840.44 for reasons set out in that order.
- The landlord has applied for a rehearing on these grounds: a) Caylin Hutchings should not be recorded as landlord because he had not signed the tenancy agreement. b) A thermostatically controlled heater has been provided to the premises at the start of the tenancy on 18 December 2021 but the tenant chose not to avail themselves to it. c) There is no breach to the tenant’s quiet enjoyment when the landlord’s son came on the grounds of the property briefly to repair a water tank leak.
- Having heard from the landlord, I am satisfied that there has been a miscarriage of justice and a limited rehearing should be granted on my previous order.
- Prior to the installation of a new woodburner, a thermostatically controlled heater has been made available to the tenant at the start of the tenancy on 18 December 2021 but the tenant chose not to avail themselves to it. The landlord left the heater for the tenant’s use but after a few weeks of the tenant not wanting the heater, the landlord removed it from the premises.
- Given those facts, I consider it just to remove the previous compensation award of $660.00 in respect of purported breach of Housing Improvement Regulations 1947 (SR 1947/200) (‘the HIR’) on the provision that that every living room shall be fitted with a fireplace and chimney or other approved form of heating (regulation 6).
- While the existing fireplace at the start of the tenancy (in 18 December 2021, not 16 October 2021) is unusable as a source of heating, the landlord has provided another approved form of heating to the living room before a wood burner was later installed.
- I am also satisfied that the landlord has not breached the tenant’s quiet enjoyment and privacy in their use of the premises when the landlord’s son Caylin came onto the grounds of the property without prior notice or warning to attend to repairs on the water tank.
- The landlord was attempting an urgent fix on a leaking water tank at the time; he had merely called out to the tenant to announce his presence. There was no intention to breach the tenant’s quiet enjoyment and any inconvenience to the tenant would be minor.
- Given those facts, I consider it just to remove the previous compensation award of $200.00 in respect of a purported breach of the tenant’s quiet enjoyment.
- Lastly, I do not consider it necessary to remove Caylin Hutchings from the order. Caylin was named as a co-landlord even though he had not signed the tenancy agreement. During the tenancy, he had been on the property doing a number chores, including repairs to the water tank.
- I therefore consider that Kim Hutchings have signed the tenancy agreement on Caylin’s behalf as co-landlord.
- Having granted a limited rehearing of my earlier order, I consider it appropriate to replace the earlier order of 27 June 2023 with the above orders.