Published tribunal order
Tenancy Tribunal case 4550486 — Tenancy dispute
Decided 15 Aug 2023 · Published 15 Aug 2023 · Application 4550486
- Leaks
- State of repair
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
- Gold Property Management Limited As Agent For John Luxton must pay [The tenant/s] $5,020.44 immediately, calculated as shown in table below.
Reasons
- Both parties attended the hearing. Mr Christensen and Ms Blue represented the landlord, Mr Luxton.
- The tenant applied for compensation for failure by the landlord to repair and maintain the premises.
Should compensation be payable?
- Section 45(1)(b) of the Residential Tenancies Act 1986 (the Act) provides that the landlord must provide and maintain the premises in a reasonable state of repair. Section 40(1)(d) of the Act requires the tenant to notify the landlord, as soon as possible after discovery, of any damage or of the need for repairs to the premises. Thus, once the tenants notified the landlord or the landlord otherwise became aware of the need for repairs, the obligation in section 45(1)(b) requires those repairs to be attended to in a timely manner.
- Mr Christiansen and Ms Blue accept that the following repairs were either not done at all or were not completed within a reasonable time: • Holes in the lounge and bedroom floors. Mr Luxton was told of the issue on or about 9 June 2020 and the holes were repaired within a reasonable time after that (on 7 July 2020) but the carpets were left taped down and the tape gradually lifted causing a trip hazard. Despite several requests by the tenant to the property managers, and to Mr Luxton by the property managers, the carpets were not repaired until 29 June 2022. • Kitchen Lights. Mr Luxton was aware that the kitchen light was not working on 7 June 2022. After approximately six months he had the light replaced but the replacement lights were very dim. The issue with the lights was noted in every property inspection report after that (all inspection reports were sent to Mr Luxton) but the issue was not remedied by the time the tenancy ended on 27 April 2023. • Hot water leak from kitchen tap. Mr Luxton was told by the property managers about the leak on 6 July 2022. The tap was finally repaired on 9 September 2022, but the kick boards were not replaced until 2 November 2022. The removal of the kick boards caused draughts from the holes in the floor (for piping to pass) and items/foods to go underneath the cabinetry. The leaking hot water tap also increased the tenant’s power bills and she believed was the cause of her frequently running out of hot water. • Bathroom floor and shower. It was noted in the pre tenancy inspection report in February 2020 that the shower was not sealed properly, and it was leaking into the corner of the floor between the shower and toilet. The 21 December 2021 property inspection report records the damage to the bathroom floor caused by the leak. Mr Luxton was clearly aware of the damage but the flooring (which the tenant said was a hole of approximately 30cm in diameter) was not repaired before the tenancy ended. • Tree trimming. There was a large tree very close to the house by the back bedroom which was causing damage to the guttering, blocking light from the bedroom, and would bang against the house during wind. The issue was noted by the landlord in the 15 March 2023 property inspection, and it appears Mr Luxton intended to trim the tree on 16 March 2023 but again it was not done before the tenancy ended.
- I have no hesitation in finding Mr Luxton in breach of section 45(1)(b) of the Act and that the tenant is entitled to compensation, and I consider compensation of $5,000.00 to be reasonable. In assessing the amount of compensation, I have taken into account all of the circumstances including the length of some of the delays in completing repairs and that the tenant had to put up with the issues with the shower and bathroom floor for the entire three-year tenancy. I have also taken into account that the tenant was very ill for a period of time and, in September 2022, she was living in the premises with a sick premature baby.
- The tenant has been successful in her claims, and she is therefore entitled to payment of the Tribunal application fee.
Should a suppression order be made?
- The tenant applied, in her application, for a suppression order.
- Section 95A of the Act provides that the Tribunal must, on the application of a party who has been wholly or substantially successful in the proceedings, order that the party’s name or identifying particulars not be published (unless the limited circumstances set out in the section apply).
- The tenant has been wholly successful in her claims and the limited exceptions set out in s 95A do not apply. I therefore make an order that the tenant’s name and identifying details be suppressed.